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 Texas
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.
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.
Legal Issues Affecting the Homeschool Community
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.
Letter from Commissioner Neeley to Senator Barrientos
Letter from Commissioner Neeley to Senator Barrientos Neeley / Barrientos Letter clarifying her position that it is not the state’s responsibility to regulate home schools.
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.
Battling for the Heart and Soul of Home-Schoolers
A look at the battle for the homeschooling movement and the demographics of homeschooling families that challenges the notion that all homeschoolers are conservative fundamentalists. This article is a critical look at the HSLDA.
TX Department of Family and Protective Services Letter
Texas Department of Family and Protective Services letter confirming that a CPS workers have no jurisdiction in home education, truancy or compulsory school attendance matters.
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?
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
A Texas Response to the Akron Beacon-Journal
Tim Lambert respond to the series of articles on home schooling by the Akron Beacon Journal.
CPS Memorandum on Homeschooling
Texas Department of Family and Protective Services memo to all CPS staff regarding lack of CPS authority over home schooling
Is Unschooling Legal?
Although it hasn't been tested in court, as far as this mother is concerned for her family unschooling is perfectly legal in the state of Texas. Here's how she sees unschooling fits the Leeper decision for her and her family.
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.
Letter from Texas Department of Family and Protective Services
Letter from Commissioner Cockerell of Texas Department of Family and Protective Services clarifying that CPS does not consider home schooling as a risk factor in determining the safety of a child.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
Department of Public Safety Letter Regarding Home Schoolers
Department of Public Safety Letter concerning requirements of their identification policy and proof of enrollment for home schoolers.
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.
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
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Featured Resources

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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...
But What About Socialization? Answering the Perpetual Home Schooling Question: A Review of the Literature
This book by Dr. Susan A. McDowell  uses research, statistics, and the experiences of homeschooling families to answer questions and counter myths about homeschooling and socialization. Read through a discussion of the multiple meanings of socialization, what parents, leaders, and children have to say about the issue, and what the research shows. 
The Absorbent Mind
In response to the crisis in American education, more than five thousand public and private schools across the nation have adopted the timeless Montessori Method of teaching, of which this book is the cornerstone. Written by the women whose name is synonymous worldwide with child development theory, The Absorbent Mind takes its title from the phrase that the inspired Italian doctor coined to characterize the child's most crucial developmental stage: the first six years.A new foreword by John Cha...
The Unschooling Handbook : How to Use the Whole World As Your Child's Classroom
Unschooling, a homeschooling method based on the belief that kids learn best when allowed to pursue their natural curiosities and interests, is practiced by 10 to 15 percent of the estimated 1.5 million homeschoolers in the United States. There is no curriculum or master plan for allowing children to decide when, what, and how they will learn, but veteran homeschooler Mary Griffith comes as close as you can get in this slim manual. Written in a conversational, salon-style manner, The Unschooling...
Homeschooling on a Shoestring : A Jam-packed Guide
So you want to homeschool but don't think you can afford it. This book is a compendium of ideas for the family that wants to start or continue homeschooling on a tight budget. Includes ideas for making money as a stay-at-home mom, sources for inexpensive curriculum, affordable teaching tools, and ideas for low-cost field trips. Also discusses ways to run your household more efficiently and with less cost.