Laws

Homeschooling IS legal in every state in the United States. However, different states have different amount of regulation governing it. It is very important to be familiar with all homeschooling laws for the states where you reside, even if that residence is temporary.

The information contained on this site is not legal advice. I am not a lawyer and have no legal training. However, I have done a good amount of research. For states that have homeschooling statues, I have ignored the additional alternative homeschooling laws. Use this information as a starting point--it is not meant to be legal advice and, for states with complicated laws, I strongly recommend obtaining legal counsel or advice from homeschooling families in your area.

 Alabama

Alabama has compulsory attendance laws that require children between the ages of 7 and 17 to attend school. There are two options for homeschool in Alabama:

1.       Become a Church School. Home schools may qualify as Church schools “operated as a ministry of a local church, group of churches, denomination, and/or association of churches on a nonprofit basis which do not receive any state or federal funding.” (Ala. Code 16-28-1(2)). According to regulations, parents need to file a form with the local public school superintendant saying that they are enrolling the child in a Church School when they enroll the child. This form does not have to be renewed annually. The parent then can enroll their children in an existing Church school and teach their children at home with permission from the Church school. By regulation, any family deemed to be in noncompliance with this law is guaranteed three days written notice prior to criminal charges being filed.

2.       Have a Private Tutor teach. Private tutors must be state certified and must file with the county superintendent. The filing must show the student’s name, the subjects taught, and the periods of instruction. The tutor must teach 3 hours a day for 140 days per calendar year, between the hours of 8:00 am and 4:00 pm, keep a log of instruction hours and attendance, and keep records of the child’s work. The State Board of Education may require that the Private Tutor make reports.

 Alaska

Alaska has lenient homeschooling laws. Alaska Statute 14.30.010(b) (12) states that any child “being educated in the child’s home by a parent or legal guardian” is exempt from compulsory attendance. The law does not require any testing, approval, filing, etc. The state is responsible for proving that parents are not teaching.

Arizona

Arizona’s homeschool statute requires parents to file an affidavit within 30 days after beginning to homeschool. This form includes the child’s name, date of birth, address, and the names, addresses, and phone numbers of whoever has custody of the child. A birth certificate or other proof of the child’s identity and age must also be supplied. The affidavit does not have to be re-filed unless the homeschool is terminated and resumed.

Arkansas

Arkansas requires that homeschooling families submit a written form no later than August 15 for fall semester or December 15 for spring semester. To withdraw a child in the middle of a semester, parents must notify the public school superintendent 14 days before withdrawing the child unless this requirement is waived by the superintendent or school board. Notification has to be given prior August 15 of every school year thereafter for all homeschooling students.

The first notice must be delivered in person by the parents. The notice must include the name, date of birth, the grade level of the child(ren), the name and address of the last school they intended and the location of the home school. The basic core curriculum to be offered at home, the proposed schedule of instruction, the qualifications of the parents or teachers must also be described. According to the law, this information “may be used only for statistical purposes and test administration.” The parents must also sign a waiver releasing the state from the liability of educating their children during the homeschooling period.

Students who are facing disciplinary actions from violating school policy cannot begin homeschooling unless or the disciplinary action has been completed, the current semester ends, the student is expelled, or the superintendent or local school board waives this requirement.

Arkansas does require standardized testing. Although no minimum scores are required, students who fail to participate in testing can be prosecuted for truancy.  “Each student enrolled in a home school program who is considered to be at a grade level, or no more than two (2) years beyond the normal age for the appropriate grade for which the State mandates norm-referenced tests for public school students shall be tested using a nationally recognized norm-referenced achievement test selected by the State Board of Education.” Ark. Stat. Ann. § 6-15-504(a).

California

California offers four options for home schools:

1.       Qualify for a private school by filing an annual private school affidavit. Private schools must have instructors capable of teaching and the instruction must cover the branches of study required in public schools, be conducted in English, and attendance must be kept in a register. Private School affidavits are filed with the Superintendent of Public Instruction between October 1^st and 15^th of each school year.

2.       Enroll in a private school satellite program. Private school satellite school programs (PSP) must comply with the requirements in the first option. Some homeschool families join together to create these PSPs.

3.       Provide instruction through a certified private tutor.

4.       Enroll in an independent study program at home with the public school curriculum. This option makes the student a public school student, but allows the work to be done at home.

Colorado

Colorado laws acknowledge, “It is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.” Colo. Rev. Stat. § 22-33-104.5(1).

The homeschool statute states that parents must give notice 14 days before starting home schooling, and notices must be filed every year after. The notice must include the child’s name, age, residence, and hours of attendance. Instruction can be provided by a parent, guardian, or adult relative designated by the parent. Parents must keep records of attendance, test results, evaluation results, and immunization records. If the superintendent has “probable cause” to believe that the homeschool is not in compliance with the law, these records will be reviewed.

Connecticut

 “The State Board of Education acknowledges the right of parents to instruct their children at home as an alternative to public school attendance.” However, parents must file a Notice of Intent form within 10 days of the start of the home instruction program. This form, which is submitted to the local superintendent, must include the teacher’s name, subjects taught, days taught, and the teacher’s method of assessment. Children can be considered truant if the parents refuse to file a Notice of Intent or refuse to undergo an annual portfolio review.

Delaware

Homeschool families in Delaware have three choices:

1.       Be a single family homeschool where the children are taught primarily by the parent/guardian and mainly in their own residence.

2.       Be a multi-family homeschool where children from several families are taught primarily by their parents in one or several residences or other facilities. Multi-family home schools must choose one person to be a liaison to the Department of Education for purposes of reporting enrollment, attendance, etc.

3.       Be a single-family homeschool coordinated with the school district. In these home schools, children from one family are taught mainly by their parent in their own home but use a curriculum approved by the local superintendent or designee.

In all cases, home schools report attendance to the Department of Education on or before July 31 every year and must submit a statement of enrollment before November 1.  The Department of Education has official forms for both of these.

Florida

The home education law in Florida defines home education programs as “sequentially progressive instruction of a student directed by his parent or guardian.” Parents must notify the county superintendent in writing within 30 days of starting a home education program, but no annual notifications are required. The notice must contain the names, addresses, and birth dates of the students to be homeschooled. The parents must actively maintain a portfolio that logs the educational activities and instruction. Reading materials must be designated by title and the portfolio should include samples of writing, worksheets, workbooks, and creative materials used or developed by the student. The portfolio must date back two years and can be requested for review by the superintendent with 15 days written notice. The school district does not have the authority to enter the home and the superintendent is not required to inspect the portfolio.

Georgia

Georgia requires teaching parents to have a high school diploma or GED. Parents must submit a written declaration of intent within 30 days of starting to homeschool and by September 1 of every following year. The written declaration must include the student’s names and ages, homeschool location and the time the parents designate as a school year.

The parents must provide a basic academic educational program and each school day must last four and one-half hours. Annual progress reports must be written for each child in the required subjects and these records must be maintained for three years. The Attorney General of Georgia has determined that the superintendent can request but not require parents to submit evidence that they are continuing in compliance with the law or to produce documents.

Attendance records must be submitted to the superintendent every month, but shall “not be used for any purpose except providing necessary attendance information.” Every three years after the end of the third grade, all children are required to take a national standardized achievement test but scores are not required to be submitted to the public school authorities.

Hawaii

In Hawaii, homeschooling parents must provide a notice of intent to home education before actually beginning the homeschooling program. The notice may be submitted on a form or in a simple letter signed by the parent that contains the child’s name, address, telephone number, birth date, and grade level. Parents must keep a record of the planned curriculum, including the beginning and ending date of the program, the number of instruction hours per week, and a list of textbooks and other instructional material. The list of materials should be in a bibliographical format that includes the author, title, publisher and date of publication.

Idaho

Idaho’s homeschool code states that home schools do not have to initiate contact with the school district or have their curriculum approved. Instruction takes place “at the direction of” the parent, allowing other individuals teach the children. As of 2009, there are no required hours or days that instruction must take place. Homeschool are not required to answer questionnaires from the school district that ask about the nature of their program or to actively defend their compliance with the law as the burden of proving non-compliance lies with the state.

Illinois

According to a decision in People v. Levisen (1950), home schools are private schools. Public school systems often ask home schools to register with the Illinois State Board of Education, which requires submitting basic information on an annual basis. However, this can become complicated. If a truancy action is filed against the parents in court, the parents must prove their compliance with the law by proving that they are actively homeschooling.

Indiana

In State v. Peterman (1904), the Indiana Appelate Court decided that Indiana’s compulsory attendance law allows the operation of home schools and that these schools are basically private schools. Parents must keep attendance records and supply them upon the request of the superintendent. Also upon request, parents must furnish the number of children attending the school and their grade levels. These requests must be made personally and any registration with the school or Department of Education is voluntary. The State Board of Education does not have the right to approve home schools or dictate mandatory subjects.

Iowa

Iowa requires parents to submit two copies of a form called “Competent Private Instruction” to the school board secretary every year. The form must be filed by August 26. If moving into the state during the school year, a partially complete form must be submitted in 14 days and a fully complete form must be received no later than 30 days after the move.  The form requires the child’s name and age, the days of instruction (148 days required), texts used, name and address of the teacher, a plan for the course of study (including subjects covered, lesson plans, and time spent on each subject). Although the form requests the birth date of the child, it is not legally required. However, proof of immunizations and blood lead testing are required.

Parents will be asked to choose either the “Supervising teacher” option or the “annual assessment” option for children who are older than 6 years old on September 15 of the school year.

The Supervising teacher option requires parents to work with a supervising teacher to receive consulting and advising. The supervising teacher must meet with the student twice every 45 days of instruction. At least one of those meetings must be in person. The teacher is required to keep formal and informal assessments, as well as a record of contacts and assistance.  However, annual tests will not be required. Parents with an appropriate license can be their own supervising teacher.

 The first annual assessment is a baseline test with no requirement for scores or progress. However, each subsequent year, the tests must show that progress is being made. If adequate progress is not made, the family can submit another test before the next school year begins. If the tests still do not show adequate improvement, the child must be enrolled in school unless the Department of Education approves a remediation program. Students in 5^th grade and below are tested in reading, language arts and math. Sixth graders and above are also tested in social studies and science. These tests are conducted prior to May 1 and must be submitted to the schools by June 30.

Kansas

Kansas-based home schools have two choices:

1.       Operate as a satellite of a private school located in Kansas.

2.       Become a non-accredited private school. Choose a name for the school and register the name and address with the State Board of Education. A copy of the registration must be maintained. Once registered, never say “home school.” Always refer to it as a “private school.” Instruction must be taught approximately 186 days, or “substantially equivalent” to public school. Curriculum must be planned and scheduled. Periodic testing is mandatory. The state does not have the right to approve or disapprove of non-accredited private schools and neither is local approval required.  

Kentucky

Kentucky law exempts children from the compulsory attendance law if they are enrolled and regularly attend a private, parochial or church regular day school. Home schools must qualify as one of these. This can be done by sending a school board a letter stating that the school is in attendance at an alternative school during the first two weeks of school and maintaining attendance registers and scholarship reports. School officials may not constitutionally enter a home school.

Louisiana

Louisiana’s home school statute states that “a child who participates in a home study program approved by the Board of Elementary and Secondary Education” is exempt from compulsory attendance. To qualify as a home school, parents must apply to the Board of Education for approval within 15 days after beginning homeschool. Parents must certify that the home study program will offer a continuous quality curriculum at least equal to that of the public schools. The initial application must include a certified copy of the child’s birth certificate. Every year, a renewal application must be submitted. However, birth certificates are not required to renew, but the parents must provide evidence that the program has offered a continual quality curriculum equal to the student’s grade level at a public school. The evidence must include “such documents as” a complete outline of each subject taught, a list of materials including textbooks, examples of student work, copies of test scores, and statements from witnesses who have seen the child’s progress.

At 11 years old, all students are required to provide proof of vaccination against meningococcal disease to the State Board of Elementary and Secondary Education. Waivers may be granted for religious, medical or personal reasons.

Maine

Homeschool parents in Maine must file an initial notice of intent with their local superintendant and the Commissioner of Education that includes the name and age of the student, the date that home instruction will begin, and the name, signature and address of the parent. The notice must also contain assurances that the parents will provide at least 175 days of instruction and that a year-end assessment will be submitted. Every year following, parents must submit a letter to both the superintendent and the Commissioner that includes the year-end assessment and the intention to continue homeschooling. Parents must save copies of these letters from every year until the homeschooling program ends. These copies must be supplied to the Commissioner if they are requested.

Maryland

Maryland requires homeschool families to provide instruction of a sufficient duration to implement the instructional program. The state also requires that parents maintain a portfolio that includes instructional materials, reading materials, student’s writing samples, workbooks, creative materials, and test results. This portfolio can be reviewed by the superintendent not more than three times a year at a mutually agreed-upon time and place. If the superintendent finds inadequacies, the family is given 30 days to correct the situation or they will no longer be able to homeschool.

Massachusetts

Home schools in Massachusetts must be approved of in advance by the superintendent or school committee. The Supreme Court of Massachusetts has outlined four areas that may be examined to determine such approval. These areas are (1) the proposed curriculum and number of instruction hours on each subject, (2) the competency of the parents, although certification and degrees cannot be required, (3) textbooks, workbooks and other materials, although the officials cannot dictate the manner in which the subject will be taught, and (4) periodic assessments such as tests, portfolio reviews, etc. If approval is not granted, the school authorities must prove that the proposed home school instruction is somehow not equal to the instruction given in the public school in the same town.

Home visits are not allowed if the parent objects and cannot be made a condition of approval. Students cannot be forced to attend public school while waiting for approval. 

Michigan

Michigan state law exempts children from the requirement to attend public school if they are being taught at their home by their parents in an organized program that teaches reading, spelling, math, science, history, civics, literature, writing and English grammar. As long as that is being done, there are no requirements to notify, test, or anything else. The state bears the burden to prove that the parents are not homeschooling.

Minnesota

In order to homeschool in Minnesota, homeschool teachers must meet one of six requirements. The instructor must hold a Minnesota teaching license in the field and grade taught, be directly supervised by a licensed teacher, successfully complete a teacher competency exam, provide instruction in a school that is accredited or recognized by the state board, hold a baccalaureate degree or be the parent of a child who is assessed according to specific procedures (standardized testing).

Once these qualifications are met, parents must report the name, birth date and address of each child to be homeschooled to the local superintendent before October 1^st of each school year. The parent must also provide the name and qualifications of the instructor according to the above criteria and describe an annual instruction calendar. Parents who are teaching children who are assessed must also submit quarterly achievement reports.

Parents must maintain careful documents that show the required subjects are being taught. Class schedules, copies of instruction materials, and descriptions of assessment methods are required. In lieu of this documentation, parents may agree to an annual on-site visit to the home by the superintendent.

Mississippi

Before September 15 of each year, homeschool families in Mississippi must file a certificate of enrollment that includes the name, address and phone number of the parents and children, as well as the children’s date of birth and a description of the type of education they are receiving. Students who are currently enrolled in public school may be withdrawn at any time with a certificate of enrollment in a homeschool.

Missouri

Missouri home schools are defined as schools that have their primary purpose in the provision of private or religious instruction, enroll pupils between the ages of seven and sixteen years, enroll no more than four unrelated students, and do not charge or receive tuition, fees, etc. These schools must maintain but are not obligated to submit a record of subjects taught and activities engaged in, a portfolio of each student’s academic work, and records of evaluations of the child’s progress. This log is defense against any prosecution or charge of educational neglect.

Parents are not required to notify the school, but they may choose to submit a written notice each year to minimize unnecessary investigations. However, HSLDA advises that “Filing may compromise the family’s privacy because the information is open to the public. Filing has occasionally caused a family to be investigated.”

Montana

Montana homeschoolers must notify the county superintendent every year that they intend to homeschool.  Parents must maintain attendance and immunization records and give those records for inspection by the superintendent upon request. Montana requires that all homeschoolers receive a minimum number of hours of instruction (720 for grades 1-3 and 1,080 for grades 4-12) and allows the school district to determine the length of the homeschool day. An organized course of study must be provided.  

Homeschool can only be conducted in buildings that comply with local health and safety regulations for homes.

Nebraska

Home schools in Nebraska are considered private schools. Parents may assert religious or non-religious objections to state requirements, and the state has different rules and forms for those two categories. Either way, both parents must sign and submit a separate notarized “Parent or Guardian Form,” which requires parents to state under oath that the requirements for approval and accreditation either interfere with the decisions in directing the child’s education or violate sincerely held religious beliefs. The parents must affirm under oath that they will provide instruction in language arts, mathematics, science, social studies and health. Parents who do not declare religious objections must also indicate that they understand the requirement to comply with the state vaccination laws. A certified copy of the child’s birth certificate must also be submitted.

Every year after, parents must file a notarized “Parent representative Form” where the parents or their representatives accept legal duties, including the duty to submit enrollment and attendance information.

Before the homeschool begins, the parent must file an Information Summary form that includes a calendar for the school year indicating the minimum instruction hours (1.080 for secondary schools and 1,032 for elementary), a scope and sequence for each grade level, and a list of all ‘instructional monitors’ in the home (usually the parents). The list of monitors must include the name, address, education history and prior teaching experience of each ‘instructional monitor.’ This form must be re-submitted every year before July 15.

Parents may report the completion of their child’s education before age 16 with a Form D. The parents may discontinue the education of a child between the ages of 16-18 with a Form C.

Nevada

Homeschool parents in Nevada must provide a one-time written notice of intent. The form must be filed before beginning to homeschool, or not later than 10 days after the child has been withdrawn from public school or within 30 days of establishing state residency. The notice of intent asks for the full name, age, gender of the child, the last Nevada school attended by the child, the name and address of each filing parent, and a statement signed and dated by each filing parent that states that the filing parent has custody of the child and assumes full responsibility for the education of the child.  The form also asks for an educational plan that includes instruction in English, math, science and social studies.

New Hampshire

Parents must file an annual notice, which includes the children’s names, addresses and birthdates, within 5 days of beginning to homeschool. The notice can be filed with the commissioner of education, district superintendent, or principal of a non-public school. Parents must annually evaluate their children and submit the evaluation results with the agency they filed with by July 1^st. Methods of evaluation include submitting test scores in the 40^th percentile or above on a national student achievement test or state student assessment test, submitting an evaluation of progress by a certified teacher, or in another form of assessment mutually agreed upon by the parents and the agency they filed with.

New Jersey

Parents carry the burden of proving that their children are receiving education equivalent to that of public schools if they are investigated or charged. Once that is complete, the burden shifts to the state to prove beyond a reasonable doubt that there is a lack of equivalency. Social development is not allowed to be considered a factor of equivalency.

New Mexico

Parents in New Mexico must notify the state superintendent of their intent to homeschool within 30 days of establishing a homeschool. This notice must be re-submitted by April 1^st of every following year. No notice to the local school district is required.

Homeschool families are required to maintain immunization records.

New York

Homeschool parents are required to notify the district superintendent by July 1 annually or within 14 days of starting the homeschool during the school year. They must also fill out and submit an Individualized Home Instruction Plan. In addition to the child’s name, age and grade level, the IHIP demands either the syllabus, curriculum materials, textbooks, or plan of instruction. Also, dates for quarterly report submissions and the name of the person instructing the children will be required. Quarterly reports will include the number of instruction hours each quarter, a description of the material covered in each subject, and a grade or narrative evaluation. The last quarterly assessment will also include an annual assessment that is either an approved achievement test or a written narrative. The test, if chosen, must be administered by a certified teacher or other qualified person according to the law.

Parents must maintain attendance records, although they will only be viewed upon request by the superintendent.

North Carolina

A home school must operate for a nine calendar month school term and keep attendance and immunization records. The parents must choose to operate as either a private church school/religious charter school or as a qualified nonpublic school. The requirements are essentially the same. In both cases, any new home schools must notify the State Director of the Division of Nonpublic Education of their intent, the school’s name, address, owner and chief administrator.

Annual standardized tests are required and may be inspected by state officials upon their request.

North Dakota

North Dakota requires home schools to file an annual statement of their intent with the local or county superintendent at least 14 days before beginning homeschool. The statement includes the child’s name, address, birth date and grade level and the parent’s name, address, and qualifications. If the child intends to participate in any public school courses, the statement must make that clear. A copy of the child’s birth certificate and immunization record are also required with the initial filing.

Parents must have a high school diploma or GED to homeschool unsupervised. If they do not, they can still homeschool if they are monitored by a certified teacher during the first two years of teaching and every year after unless test scores are in the 50^th percentile or above. Certifying teachers are required to spend an average of one hour per week in contact with the child and parent, with one additional half hour per month for each additional child in the home. The certifying teacher evaluates and reports on the student’s progress to the district or county superintendent at least twice a year.

Parents must maintain an annual record of courses, assessments, and test results.

Ohio

Homeschoolers in Ohio must provide the superintendent with an annual notice that includes the school year for which the notice is given, the name and address of the parent, the name and birthdate of the child, the name and address of the instructor (if not the parent), a brief outline of the curriculum and a list of materials, an assurance that the 900 hours of instruction will be provided and the promise that the homeschool will teach the required subjects of language, reading, spelling, writing, geography, history of the United States and Ohio, government, math, science, health, physical education, fine arts (including music), first aid, safety, and fire prevention.

The superintendent then has 14 days to determine if the homeschool is in compliance. If denied, the superintendent is obligated to inform the parents of his reasons and to inform them of their right to a due process hearing. If the request is still denied following the hearing, the parents have 10 days to appeal in local juvenile court.

Ohio offers homeschoolers three options for assessments: test scores, portfolio reviews and the opportunity to work out a separate arrangement with the superintendent.

Parents who homeschool in Ohio must either have a high school diploma/GED or work under the supervision of a person holding a baccalaureate degree.

Oklahoma

Oklahoma requires a homeschooling parent to teach their children the basic subjects for at least 180 days per year. No contact with any officials is required.

Oregon

Homeschoolers must notify the education service district (ESD) within 10 days of homeschooling. The ESD is then required to acknowledge the notice of intent within 90 days of receiving it.

Testing is required at grades 3, 5, 8 and 10.

Pennsylvania

The first step toward homeschooling in Pennsylvania is filing an affidavit with the local superintendent. This form, which should be filed before beginning any homeschooling program, must be filed every subsequent year before August 1^st. This form includes the name of the parent, the name and age of the children, and the family’s address and telephone number. It also requires an assurance that all lessons are taught in English. Parents must offer an outline of proposed education objectives by subject area, provide evidence of immunizations and medical services, and certify that the homeschool will comply with all regulations. Also, parents must certify that all adults living within the home and the legal custodians of the children have not been convicted of certain criminal offenses within the previous 5 years.

Every year, the parents must provide the superintendent with a portfolio of records and materials, including a log of instruction, a list of reading materials by title, writing samples, worksheets, workbooks, or creative materials used and developed by the student. The log must be accompanied with an annual written evaluation of the students’ progress by a licensed psychologist, state-certified teacher, or nonpublic school teacher with two years of recent teaching experience. This information must be given to the superintendent before June 30^th every year.

If the superintendent decides that the education provided is insufficient, the parent has 20 days to submit additional documentation. If the problem persists, the family can appeal.

Rhode Island

Homeschool in Rhode Island are required to keep an attendance register that reflects attendance “substantially equal” to that of public schools. Instruction in reading, writing, geography, arithmetic, civics, English, health and physical education must be thorough and efficient. If a local school committee denies the parents the right to home school, the parents may appeal and have a hearing with the Board of Education.

The above rules may be waived if a parent presents the school district with a certificate stating that the child attends a local private school’s satellite program.

South Carolina

South Carolina home schools have three options:

1.       Parents will be approved by the district board of trustees if they have a high school diploma/GED or earned a baccalaureate degree, maintain evidence of regular instruction, ensure the student has access to a library, ensure the student participates in the annual statewide testing program and the Basic Skills Assessment Program, release the district from liability and  instruct the children in reading, writing, math, science and social studies (also, composition and literature for grades 7-12) for 4 ½ hours a day on 180 days. Denials by the district board of trustees can be appealed to the State Board of Education within 10 days, and State Board decisions can be appealed to the Family Court within 30 days.

2.       Parents may become members of the South Carolina Association of Independent Home Schools (SCAIHS) and prove membership and continuing compliance with the academic standards of the association. Parents still must have a diploma/GED, teach 180 days a year and cover the required curriculum.

3.       Parents may become members of a different home school association which has at least 50 members. Parents must prove membership and continuing compliance with the association. Parents must also have a diploma/GED, teach 180 days a year, cover the required curriculum, and maintain educational records including a plan book of subjects and activities taught, a portfolio of sample work, and a semiannual progress report.

South Dakota

South Dakota laws refer to homeschooling as “alternative instruction” or “alternative education.” Parents must submit an application every year to a local school official. The application must be notarized and signed by two witnesses. It must include the teacher’s names, location of instruction, and description of basic skills taught. The first filing also requires a certified copy of the child’s birth certificate or a signed, notarized and witnessed affidavit swearing that the child is the same as the person appearing on the child’s birth certificate.

Parents must maintain records. With 14 days advance written notice, the Secretary of the Department of Education can inspect the attendance records and any evidence showing academic process. The Secretary does not have the authority to enter the home and, before any records can be inspected, the state has to prove it has evidence indicating noncompliance.

Standardized tests are required in grades 2, 4, 8 and 11.

Revocations of the certificate of excuse can be appealed with a hearing.

No individual is allowed to teach more than 22 children.

Tennessee

Tennessee home schools must give notice to the superintendent by August 1^st of each school year. Although the intent form must include the name, number, age and grade level of the children, the location of the school, curriculum, proposed hour of instruction and the qualifications of the parent, no approval is necessary. Instruction must be given 4 hours a day.

Parents must maintain attendance records, which can be inspected by the local superintendent and must be submitted to the superintendent at the end of each school year. Vaccination records must also be submitted.  

Texas

Home schools in Texas are considered private schools, and must be conducted with a written curriculum of reading, spelling, grammar, math, and a course in good citizenship. There is no requirement to initiate contact with any school officials.

Utah

Utah home schools must sign an affidavit for each student every year. The affidavits must state that the minor will be instructed in required courses and that the student will receive the same amount of instruction that would take place in a public school classroom. The school board will issue a certificate to home schools within 30 days of receipt of the affidavit. Utah law specifically states that the school board cannot require the parent to maintain records, have credentials, or require testing.

Vermont

Vermont requires that home study programs send a written enrollment notice to the commissioner for each child every year. The notice must include the name, and age (year and month) of the child. The notice must also include the parent’s names, mailing addresses, town of residence, phone numbers and signatures. New homeschool students must submit independent evidence determining whether or not the child has a disability. Returning students must submit an assessment of progress. Instructors who are not the parents and will be teaching any subject other than physical education, health, and fine arts must supply their names, addresses, telephone numbers and signatures on the notice.

Parents must also submit a detailed outline of the curriculum and any special adaptations made to accommodate disabilities.

Virginia

Virginia home schools must file annual notices with the superintendent by August 15 or as soon as possible after moving into a school district. Approval is not required as long as notice is properly filed.

To be eligible to provide instruction, however, parents must meet one of four criteria. The parent must (1) have a high school diploma, (2) be a teacher of qualifications prescribed by the Board of Education, (3) provide a curriculum or (4) provide evidence that the parent is able to provide an adequate education.

Parents must submit a list of the subjects they intend to teach but they are not required to detail the content of those subjects.

Washington

To homeschool in Washington State, parents must meet one of several criteria.  A parent must either be supervised by a certificated person, have 45 college quarter credits or the equivalent in semester credits, complete a course in home-based education at a post-secondary institution or vocational-technical institute, or be deemed sufficiently qualified by the superintendent of the local school district.

Parents must file an annual signed declaration of intent to homeschool by September 15 of each year. The declaration must include the name and age of child, specify whether a certificated person is supervising, and must be written in a format prescribed by the superintendent.

West Virginia

Under West Virginia code, homeschoolers can homeschool after filing a notice stating that the parents intend to provide home instruction to the child and that the parent has a high school diploma or equivalent. The child’s name, address, age and grade level, as well as an outline of instruction for the year, must be included.

There are other options under the West Virginia code, but this is the simplest.

Wisconsin

Home schools in Wisconsin can be taught by parents or by other people designated by the parents. However, the statement of enrollment should still be filled out by the parents. This form must be submitted to the Department of Public Instruction by October 15^th each year. Legally, parents need only report the number of students enrolled in elementary and high school grades. However, the form may ask for additional information that cannot legally be demanded.

Home schools in Wisconsin must provide private or religious education, be privately controlled, provide at least 875 hours of instruction, and provide a sequentially progressive curriculum of fundamental instruction in required subjects. The program cannot be operated to circumvent the compulsory attendance law.

Wyoming

Wyoming home schools must submit their annual curriculum to the local board of trustees. Failure to submit the curriculum is considered evidence that the program does not meet state requirements.

Home schools can only include the members of one family unit.

Schools operated under the control of a local church or religious congregation are exempt from those rules.

Sources

Home School Legal Defense Association. (2011). Home School Laws. Retrieved March 9, 2011, from Home School Legal Defense Association: http://hslda.org/laws/