Federal and State Laws for Homeschoolers

Posted on May 28, 2009 @ 5:05 am
by Isabel Allen

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

From state to state, homeschooling laws vary. Many states delegate the authority of mandating to provide for its students to the state’s Board of Education. The state Board of Education wants to ensure that every child receives an adequate education. A Federal law was passed, the Equal Education Opportunities Act of 1974 because of this mandate. Based on their race, color, sex, or national origin, the law requires that no state can deny any child an education. In other words, every child is guaranteed an education within every state.

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.

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

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

Homeschooling your children is not always an easy decision to make. It is legal in each of the fifty states, though you’ll have to register your intent to homeschool with your local board of education. Regardless of your state’s particular requirements, 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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