WHAT DOES THE LAW SAY ABOUT ​HOMESCHOOLS?

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At a high level the State says the following: 

• Homeschooling Regulations:

  Texas does not have specific laws or regulations related to homeschooling, and the state does not regulate, monitor, approve, register, or accredit homeschooling programs. 

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• UIL Participation:

  HB 547 allows public school districts to extend the option of University Interscholastic League (UIL) participation to non-enrolled students (including homeschoolers) who live within the district's borders. 

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• SJR 12:

  SJR 12, filed by Senator Paxton, places protections directly into the Texas Constitution prohibiting the state from regulating homeschools and private schools. 

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QUESTION #1: What are the Texas laws on homeschooling? Is homeschooling legal in Texas?

On June 15, 1994, after a nine-year court battle, the Texas Supreme Court in TEA v. Leeper issued a 9-0 decision guaranteeing the right of Texas parents to teach their children at home without fear of prosecution.

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The court held that homeschools are exempt from compulsory attendance because they are considered a type of private school. The compulsory attendance statute is currently found in Section 25.085 of the Education Code. In accordance with the Leeper decision, homeschools are exempt from the compulsory attendance statute because they are considered a type of private school under Section 25.086(a)(1) of the Texas Education Code.

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According to the Leeper case, the only legal requirements to homeschool in Texas are:

• The instruction and testing must be bona fide (i.e., not a sham).

• The curriculum must be in visual form (e.g., books, workbooks, video monitor).

• The curriculum must include the five basic subjects of reading, spelling, grammar, mathematics and good citizenship.

  • Good citizenship is similar to civics. Public schools teach one semester of civics, usually in the senior year of high school. Teaching U.S. and Texas history, government (theoretical and practical), the Pledge of Allegiance, and similar activities will also help meet this requirement. THSC provides several ways to help you meet this requirement (see resource box below).

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There is no need to register or in any way contact the local school or the state government prior to homeschooling, unless your student is currently in public school (see rules for withdrawal from public school).

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If your child has never been enrolled in public school, simply obtain curriculum and begin. It is also to your advantage to find a local support group or organization to help you in this endeavor. 

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QUESTION #2: Are homeschools regulated in Texas the same way that traditional private schools are regulated?

No, homeschoolers are not regulated in the same ways that traditional, accredited private schools are regulated in Texas.

Homeschools in Texas are private schools for the purpose of compulsory attendance and private schools are not regulated by the state (Texas does not regulate the number of days per year that private schools must be in session or the number of days a student must attend). There is also no minimum amount of hours you must homeschool each day.

The school district also has no authority to approve curricula used by private schools. 

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Texas Education Agency Policy on Homeschooling

DATE: July 11, 2019

 

SUBJECT: Home Schools

 

CATEGORY: Informational

 

NEXT STEPS: Share with appropriate staff

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The issues surrounding students schooled at home continue to be of significant interest to parents and school districts. Because of the number of inquiries the Texas Education Agency (TEA) receives regarding this matter, I am providing some general information with respect to the Agency's position on home schooled students.

The decision rendered in the Texas Supreme Court opinion Leeper, et al. vs. Arlington ISD, et al. clearly establishes that students who are home schooled are exempt from the compulsory attendance requirement to the same extent as students enrolled in private schools. Students should be dis-enrolled by school officials when they receive written notice either by signing withdrawal forms or a letter of withdrawal. It is not necessary for the parents to make a personal appearance with school officials, present curriculum for review, or comply with any other requirements in order to successfully withdraw their student. For purposes of Leaver Reason Code 60, a signed and dated letter from the parent or guardian stating that the student is being homeschooled and the date homeschooling began is sufficient documentation.

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School districts that become aware of a student who is potentially being home schooled may request in writing a letter of assurance from the parents that the student is being home schooled. This letter may require assurances that the home-school curriculum is designed to meet basic education goals including reading, spelling, grammar, mathematics, and a study of good citizenship. Please note that a letter of this type is not required each year.

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Additionally, it has been brought to my attention that there may be some confusion with respect to the awarding of transfer credit from students who have been home schooled. Under Title 19, Texas Administrative Code (TAC), §74.26(a)(2), students transferring from home schools should be afforded the same treatment as students transferring from unaccredited private schools. Awarding of credit for courses taken may be determined by reviewing the curriculum and/or work of the student, or by using appropriate assessments.

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When appropriate assessments are used for determination of placement, the passing standard for those students who have been home schooled should be no higher than the standard required of students transferring from unaccredited private schools. As the TEA has stated in the past, school districts may assess students by administering valid and reliable assessment instruments. The determination of whether or not to use such instruments is a local matter. Districts may place students according to a review of the curriculum, course of study, and work of the student coming from a home school environment. §28.021 of the Texas Education Code (TEC) requires advancement or credit to be awarded on the basis of "academic achievement or demonstrated proficiency of the subject matter."

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If assessments are used for determining placement, the agency would suggest the following guidelines:

1. Elementary students should be assessed by means of a nationally recognized norm-referenced test or by a previously released STAAR assessment for the appropriate grade level.

2. Secondary students may be assessed using credit-by-examination methods for individual subject areas or by previously released STAAR end-of-course assessments.

3. A secondary student assessed using the credit-by-examination method should be given adequate time to prepare for the test, particularly if multiple examinations are required. Under 19 TAC §74.24(c), the standard of 70% for students to receive credit for courses they have already taken should be used rather than that the 80% standard for earning credit for courses not previously taken.

4. Under TEC §29.916, school districts are required to allow home school students the opportunity to participate in PSAT/NQMST and Advanced Placement (AP) testing that each district provides enrolled students. The statute also requires districts to notify the public via website or local newspaper of: the dates of PSAT/NQMST and AP tests; that home school students are eligible to take the test; and the procedures for registering for such tests. This public notice must be posted or published at the same time and with the same frequency as the notice given to students attending the school district.

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Finally, there has been some concern that school districts may be contacting Child Protective Services regarding children who are being home-schooled. While school officials are required to contact that agency in instances of abuse or neglect of a child, the determination of whether compulsory attendance has been violated should be made by the school district or local judicial authorities.

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It is my hope that these policy statements clarify issues surrounding notification, placement, and the awarding of credit to previously home-schooled students. Thank you for your attention to these matters.

Sincerely,

Mike Morath
Commissioner of Education