Homeschooling's Legal History: Curriculum Law Implementation Date

Homeschooling is now legal in all 50 US states, but this wasn't always the case. In the 1980s and early 1990s, homeschooling was legalized in every state, but the specific laws and regulations around it vary. While the US Supreme Court has never ruled on homeschooling specifically, it has supported the rights of parents to homeschool their children for religious reasons. The Supreme Court has also ruled that parents have a fundamental right to establish a home and bring up children and to worship God according to the dictates of [their] own conscience.

Each state has different homeschooling regulations, and these can range from highly regulated to minimally restrictive. For example, in Pennsylvania, one of the most highly regulated states, homeschooling parents must submit a notarized affidavit, including information about immunizations, medical records, and criminal background checks. On the other hand, in Nevada, one of the least restrictive states, parents only need to file a notice of intent to homeschool and create an educational plan.

Homeschooling laws by state

Homeschooling is now a legal option in all 50 US states, but each state has different laws that regulate how parents can homeschool their children. Some states have very restrictive rules, while others are more relaxed.

No notice, low regulation

States that require no notification from parents to their local school district or any other government agency.

Low regulation

States that require parents to send a notification to their local school district.

Moderate regulation

States that require parents to send a notification, test scores, and/or a professional evaluation of student progress to their local school district.

High regulation

States that require parents to send notification or achievement test scores and/or a professional evaluation, plus other requirements (e.g. curriculum approval by the state, teacher qualification of parents, or home visits by officials).

In general, states with high regulation have more stringent requirements, which may include the need for a credentialed teacher to supervise the homeschooled child's education.

No notice, low regulation:

• Alabama
• Alaska
• American Samoa
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Guam
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Northern Mariana Islands
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Puerto Rico
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virgin Islands
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Low regulation:

• Guam
• Northern Mariana Islands
• Virgin Islands

Moderate regulation:

• Colorado
• Connecticut
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Michigan
• Minnesota
• Mississippi
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• North Dakota
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• South Dakota
• Utah
• Vermont
• Washington
• West Virginia
• Wisconsin
• Wyoming

High regulation:

• Alabama
• Alaska
• American Samoa
• Arizona
• Arkansas
• California
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Indiana
• Massachusetts
• Missouri
• New York
• North Carolina
• Oklahoma
• Tennessee
• Texas
• Virginia

Examples of state-specific requirements:

• New York requires parents to send in a notice of intent to homeschool, quarterly reports, and an annual assessment of their child’s progress.
• Alaska has no requirements to notify the state, seek approval, test, or file forms.
• Alabama generally does not regulate homeschool, but children enrolled in an Alabama public school must be formally withdrawn, and parents should notify the local school district of their intent to homeschool.
• California requires homeschoolers to be part of a public homeschooling program, use a credentialed tutor, or enrol their children in a qualified private school.
• Ohio requires parents to notify the superintendent in their child's school district before homeschooling begins and provide information such as the school year, name and address of the parent, child's birth date, and a signature guaranteeing that the subjects listed in the Ohio Administrative Code are part of homeschooling.
• Texas considers homeschools to be equivalent to unaccredited private schools, and while there are some

Curriculum requirements

Some states, like New York, have highly regulated homeschooling laws. In New York, parents must turn in an annual instruction plan for each student, including the student's name, age, grade level, curriculum, and name of the teaching parent. The state also lists specific subjects that parents must teach their children at various grade levels.

Other states, like Texas, are considered very homeschool-friendly with few restrictions on homeschooling families. In Texas, there are no laws or requirements for parents to register or report, and no state testing or lesson plans are required to be submitted.

Some states, like California, offer multiple options for homeschooling. One option is a home study through the school district, where material is provided and weekly or monthly check-ins are required. Another option is charter schools, which cater to homeschoolers and provide funding for secular curriculum and extracurricular activities. A third option is to file as an independent school, where parents must state their curriculum goals at the start of the school year.

In some states, like Georgia, homeschoolers must test at regular intervals, while in other states, like Arizona, there are no testing requirements.

While the specific curriculum requirements vary across the U.S., the Supreme Court has ruled that parents have a fundamental right to direct the education of their children. This combination of rights is the basis for calling homeschooling a fundamental right under the Supreme Court's concept of liberty protected by the Due Process Clause.

Testing and assessment

Testing Requirements

In some states, such as Arkansas, Hawaii, and North Carolina, homeschooled students are required to participate in state testing or state-approved alternative testing procedures. Other states, like California, do not mandate testing at all. Some states, such as Georgia, require testing at certain grade levels, while others, like Florida, mandate annual testing or evaluation of the student's portfolio.

Assessment Options

In addition to standardized tests, many states offer alternative assessment methods. These may include portfolio reviews, narrative evaluations by qualified teachers, or a combination of both. For example, in Pennsylvania, parents can choose between submitting the results of a standardized test, undergoing a portfolio assessment, or having a written evaluation conducted by a qualified teacher.

Flexibility and Customization

The flexibility of homeschooling extends to testing and assessment as well. In states like Nevada, there are no testing requirements, and parents have the freedom to design their children's educational plan. In contrast, states with more stringent requirements, such as New York, mandate annual standardized testing and detailed instruction plans for each student.

Compliance and Support

Compliance with state laws is crucial to avoid legal repercussions. Homeschooling families should familiarize themselves with the specific regulations of their state and local district. Local homeschool groups and statewide homeschool support groups can provide valuable guidance and assistance in navigating these requirements.

The diversity of testing and assessment procedures across states reflects the decentralized nature of education law in the US. While the Supreme Court has affirmed the fundamental right of parents to direct their children's education, the extent of state regulation and involvement remains a subject of ongoing legal debate.

Notification and approval

Homeschooling is now a legal alternative to public and private schools in all 50 US states, but the specific regulations vary from state to state. In general, parents intending to homeschool their children must notify their local school district or state authorities, and in some cases, obtain approval before doing so.

In most states, parents who homeschool are required to submit an annual notice of intent or declaration of intent to the relevant authorities. This is usually done by sending a letter or filling out a form provided by the local school district or state education department. The content of the notice typically includes the names and ages of the children, the home address, and the signature of the parent or guardian. In some states, such as Ohio, parents must also include information about the curriculum they plan to use and the number of hours of instruction per year.

In a few states, such as Massachusetts and Rhode Island, parents are required to obtain approval from the local school district or state education authorities before they can begin homeschooling. This may involve submitting a detailed homeschool plan, information about the parent's educational qualifications, and/or proof of the child's immunisation records. In other states, such as Georgia and Virginia, parents are only required to notify the authorities once, when they first begin homeschooling, and are not required to seek annual approval.

It's important to note that the specific regulations and requirements for homeschooling can vary depending on the state and local school district. Therefore, it's essential for parents to familiarise themselves with the laws and regulations in their specific state and local area to ensure they are complying with all the necessary requirements.

Teaching qualifications

United States

In the US, there is no uniform set of requirements for homeschooling as the regulations vary from state to state. Some states have minimal requirements, such as submitting a notice of intent to homeschool. Other states have stricter regulations, including mandatory testing, curriculum approval, and teacher qualification requirements. For example, in Ohio, teaching parents must meet at least one of the following criteria: possess a high school diploma or higher, hold a valid teaching certificate, provide a distance or correspondence curriculum approved by the Superintendent of Public Instruction, or provide evidence of their capability to meet the Virginia Standards of Learning objectives.

Canada

In Canada, homeschooling laws differ across provinces and territories. In Ontario, parents must provide written notification to the local school board, maintain records of learning activities, and ensure curriculum coverage. On the other hand, British Columbia requires parents to register as a homeschooling family and submit a written educational plan.

United Kingdom

In the UK, homeschooling, often referred to as "elective home education," is legal. While parents are not mandated to follow the national curriculum, they must ensure their child receives a suitable education. Teaching qualifications are not required, but local authorities can intervene if they believe the child's education is inadequate.

Australia

In Australia, homeschooling regulations vary by state and territory, with each jurisdiction imposing its own requirements and reporting obligations. For instance, in New South Wales, parents must register as homeschooling families and submit an application to the Board of Studies. In contrast, Victoria requires parents to apply for an exemption from school attendance and provide an educational plan.

Germany

Germany has stricter regulations, and homeschooling is generally illegal. Exceptions are made in rare circumstances, such as health issues or temporary residence in a foreign country. Homeschooling without approval may result in legal consequences, including fines and removal of custody.

Sweden

Similar to Germany, Sweden generally prohibits homeschooling. Exceptions are rare and typically require strong justifications, such as severe special needs or religious reasons. Homeschooling without authorization can lead to legal repercussions.

The Netherlands

In the Netherlands, homeschooling is permitted under specific conditions. Parents must submit an annual education plan to the local municipality and have their curriculum evaluated by the Education Inspectorate. Homeschooling is typically granted if the plan meets basic educational standards, and the government conducts periodic evaluations to ensure compliance.

South Africa

Homeschooling is legal and recognized in South Africa, but it is subject to certain conditions. Parents must register with the Department of Basic Education and comply with specific requirements, including maintaining records, following a curriculum aligned with national standards, and undergoing regular assessments. The department may conduct inspections to ensure compliance.

New Zealand

In New Zealand, homeschooling is legal, and teaching qualifications are not mandatory. However, parents must ensure their child receives a "suitable education" and are subject to regular assessments by the Ministry of Education, which reviews the child's learning progress, curriculum, and overall educational program.

India

In India, homeschooling regulations vary by state. While some states have specific guidelines and requirements, others lack specific regulations. Homeschooling families may need to obtain permission from the local education department or follow certain reporting procedures, ensuring that the curriculum aligns with national or state education standards.

France

France highly regulates and restricts homeschooling, permitting it only in exceptional cases, such as health issues or travel abroad. Parents must obtain approval from local education authorities and provide a compelling reason for homeschooling. The curriculum must meet specific standards, and periodic evaluations are conducted to ensure compliance.

Frequently asked questions