State and Federal Laws for Homeschoolers

by Isabel Allen

Millions of children in the United States are homeschooled. It is projected by the Home School Legal Defense Association (HSLDA) that by 2015 this number will reach over 12 million. The United States Constitution does not have specific laws concerning education; each state has its own laws concerning homeschooling and governs its education. So, you will only have to learn the laws for your individual state if you’ve considered homeschooling your children.

Homeschooling laws vary from state to state. Each state has a mandate to provide an education for its students; many states delegate that authority to the state’s Board of Education. The state Board of Education wants to ensure that every child receives an adequate education. Because of this mandate, one Federal law was passed, Equal Education Opportunities Act of 1974. This law requires that no state can deny any child an education based on their race, color, sex, or national origin. In other words, every child within every state is guaranteed an education.

It is ultimately up to the parent to choose where their child will attend school - whether it be a public school, private school, or homeschool, since states cannot deny a child an education. Public schools are regulated by the state, as well as some private schools. However, there are often few regulations for homeschools, since a large percentage of homeschool families do so for religious reasons.

The requirement for children to attend school in some fashion during set compulsory ages is one state law that appears to be universal. However, these ages, may be different in each state. It just depends on the state’s laws; some states require children to be in school from 5 to 17, others 7 to 16. You can search the internet, or contact HSLDA to determine what your state’s compulsory ages are.

Homeschool laws for each state can be found at the Home School Legal Defense Association, National Home Education Network, and other websites on the Internet. Learning your state’s laws would be advantageous if you choose to homeschool. After you have begun to homeschool, especially if you are a military family moving to another state, you can go back to these sites to find the laws for the new state.

Military families, throughout the length of a soldier’s career, often move several times. One way to guarantee continuity in their children’s education is choosing to homeschool. Without fear of negative impact, a military family that homeschools can continue their child’s education rather than transferring a child from one school to another.

Choosing to homeschool is not always an easy decision to make. However, it is legal in each of the fifty states. You may have to register your intent to homeschool with your local board of education or you may have to turn in portfolios. Whatever your state requires, just remember that you are allowed by law to homeschool your child, and that there are places to turn if you have questions.

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