Is It Legal to Homeschool? FAQ

FAQ Is it legal featured image

Homeschooling is legal in all 50 U.S. states. Each state has its own home education legislation and specific regulations. 

Each state is different. In some states, including Pennsylvania, Massachusetts, Rhode Island, New York, and Vermont,  home education is highly regulated. Other states, including Alaska, Idaho, Texas, Oklahoma, Illinois, Missouri, Iowa, Indiana, Michigan, New Jersey, and Connecticut, have very low regulations, with some not even requiring a notice of homeschooling to the state.

The remaining states vary from low to moderate regulations. These can include notification, specific subjects to be taught, evaluations and/or testing, teacher qualifications, and immunization requirements. Consult this map summarizing the different levels of regulations for your state

There is no teacher certification required in any state to legally homeschool. Some states do offer an additional option for homeschooling if one of the parents is a certified teacher. When using this type of option, homeschoolers can avoid some regulations, testing, and/or notifications.

It is always good practice to keep records of your children’s home education. This can include tests, worksheets, book lists, list of curriculum, supplemental materials, records of extracurricular activities, and standardized testing. 

Some states require homeschool records to be submitted, while others will never ask to see your personal homeschool files. Cases of custody issues, suspected abuse situations, or other court orders may arise where you are asked for your records. 

In high school, good recordkeeping will allow you to more easily complete your teen’s high school transcript. It also makes it easier for your teen to fill out college applications. Finally, comprehensive recordkeeping is useful for putting together a resume and applying for scholarships. 

Homeschool laws can be changed at any time in any state. While it may be unlikely in many states due to the political climate, minor changes to laws could affect home educating families. The best way to protect your homeschool rights is to stay informed and act on potential changes to the laws that could affect your rights or cause additional oversight. We have a list of legal resources, plus each of our state homeschool pages includes links to advocacy groups operating in each state

Regulation of home education is left to the states in the U.S. Although the United States Supreme Court has never ruled specifically on homeschooling, in 1972 Amish parents won a Supreme Court case that ensured their right to keep their children out of public schools for religious reasons. There is always the possibility that federal laws could be passed or changed in a way that affects homeschooling rights. 

Your best strategy to stay in compliance is to connect with a homeschool support group in your area. There are also state-wide advocacy groups. These resources can get you explanations to help you navigate the laws. They also monitor state and federal legislation that could affect your homeschooling rights. Many organizations put out legislative alerts to keep you informed and to provide information about testifying during legislative sessions. 

Consider joining the Home School Legal Defense Association (HSLDA). This organization fights for the rights of parents, monitors legislation, and provides support for every stage of your homeschool journey. 

Providing support, resources, connections, and wisdom to Catholic homeschooling parents 

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