Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in California
California Homeschool Network Legal Rights Committee
California Homeschool Network's volunteer legal committee doesn't give legal advice, but they can share information about the experiences of other homeschoolers who have asked those same questions, and they can help you understand current homeschool laws and regulations. The CHN Legal Defense Fund was established in 2000 to benefit families who do not qualify, for any reason, for assistance from one of the other legal services organizations.
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Legal Issues Affecting the Homeschool Community
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
HSLDA's Position on Tax Credits Generally
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
Stand for Freedom
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
Legal Issues - Special Needs Children
Many homeschoolers are reluctantly drawn to homeschooling because the schools failed their children. This trend is expanding to include children in special needs programs, resulting in an increasing number of questions from parents choosing to homeschool their children who are interested in continuing or obtaining special needs help from the schools. In many instances a special needs child shows tremendous gains just by being removed from the public school situation and educated at home by loving and caring parents who are able to provide the stimulation and enrichment each child needs and deserves. If services are offered the family is not required to accept them. Many families do just fine without government help, but if you need it, special needs services are available to homeschoolers.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes.
Protecting Ourselves from Truancy and CPS Investigations: Avoiding Referrals
Although some government employees oppose homeschooling, most notably in the Department of Education's Legal Counsel's office, there is no indication that there is a systematic effort by the government to prevent homeschooling. First, compliance with one of the legal ways to homeschool is crucial. Second, the following factors may result in a referral: Pulling children out of public or private school after a dispute with the school (i.e.: ongoing truancy problems); custody battles; welfare referrals; or neighborhood disputes. As long as children are healthy, happy, involved with the community, and appear to be learning and thriving, the likelihood of a referral is reduced. What can you do if you are in one of the "high-risk" groups for referral? The most important thing to do is know your legal rights.
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
On Jumping Through Hoops
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.
A New Charter for Homeschooling?
Discusses some of the issues relating to homeschoolers in North Carolina placing their children in public charter and virtual charter schools for some or all of their education. Using examples from Alaska, California, and other parts of the country, author Dr. Karen Palasek examines why homeschooling parents need to be informed about the implications of this type of enrollment.
Looking for Another State?
Featured Resources

As an Amazon Associate, we earn from qualifying purchases. We get commissions for purchases made through links on this site.

LeapPad Game - Mind Wars Interactive Game
Bring a friend and try this brand new way to play with your LeapPad! Travel around the board in this fast-paced, head-to-head game as you hit your buzzer before your friend can steal your question! Be the first to close all five windows and you will become the Mind Wars master and learn important 3rd-5th grade skills in math, language and fine arts, science, history, and geography!
Pass Your California DMV Test Guaranteed! 50 Real Test Questions! California DMV Handbook
This book contains the 50 most common questions and answers to the California DMV Written Test. Written by a former DMV classroom instructor and test creator, this straight forward book tells you the most likely questions and answers that will appear on you exam. Typically, at least 70-80% of the questions you encounter will come from these high frequency questions. Pass your test today!
Morning by Morning : How We Home-Schooled Our African-American Sons to the Ivy League
Home schooling has long been regarded as a last resort, particularly by African-American families. But in this inspirational and practical memoir, Paula Penn-Nabrit shares her intimate experiences of home-schooling her three sons, Charles, Damon, and Evan. Paula and her husband, C. Madison, decided to home-school their children after racial incidents at public and private schools led them to the conclusion that the traditional educational system would be damaging to their sons’ self-esteem...
Pocketful of Pinecones: Nature Study With the Gentle Art of Learning : A Story for Mother Culture
Karen Andreola, renowned interpreter of the Charlotte Mason method of education, has written a unique sort of book in the homeschool world. Pocketful of Pinecones is a teacher s guide the nature study cleverly disguised as a heartwarming story written in the form of a mother s diary. Woven into the story are: More than 100 examples of what to look for on a nature walk, Latin names for the living things to observed by the characters, study questions, nature poems and verses. Other features includ...
Different Brains, Different Learners: How to Reach the Hard to Reach
Nearly 40% of all students have some kind of learning challenges, yet many go undetected. This practical comprehensive guide has been written that links the latest brain research with teaching strategies to reach you most frustrating, hard-to-reach learners. It's packed with powerful tools, techniques, and strategies that can actually help students improve brain function without resorting to medical interventions.Arm yourself with powerful knowledge for solving difficult learning problems; ...