State and Federal Laws for Homeschoolers

by Isabel Allen

ns 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.

Laws on homeschooling 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. It is ensured by the state Board of Education that every child receives an adequate education. The Equal Education Opportunities Act of 1974, a Federal law, was passed because of this mandate. By law, no state can deny any child an education based on their race, color, sex, or national origin. In other words, within every state, every child is guaranteed an education.

While an education cannot be denied to a child in any state, whether it be a public school, private school, or homeschool, it is ultimately up to the parent to choose where that child will attend school. Some private schools, and public schools, are regulated by the state. There are often few regulations for homeschools since a large percentage of homeschool families do so for religious reasons.

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

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

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.

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