Sunday, February 26, 2017

Texas Homeschooling Information

LAWS & REGULATIONS
Texas Homeschooling Made Easy

*Disclaimer*
This information is valid for the date of the post.
Laws and regulations are constantly changing, so be sure to verify data using the links provided.

FEDERAL LAW
REGARDING HOMESCHOOL
In Meyer v. Nebraska and Farrington v. Tokushige, U.S. Supreme Court cases of the 1920s, the fundamental right of parents to direct the education of their children was established.
Ninth Amendment
The Ninth Amendment says that the rights of the citizens of each state are not limited by those listed in the Constitution. The contention by parents that a right to home school is implied by this provision has only been agreed with by Perchemlides v. Frizzle, the case mentioned under the right of privacy.

"Home Schooling and the U.S. Constitution." Findlaw. Thomson Reuters, 2017. Web. 26 Feb. 2017. http://education.findlaw.com/education-options/home-schooling-and-the-u-s-constitution.html.

TEXAS STATE LAWS REGARDING HOMESCHOOLING
CURRENT LAWS AND REGULATIONS
Texas Education Code § 25.085 and §25.086 
Sec. 40.002.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES;  GENERAL DUTIES OF DEPARTMENT.  (a)  The Department of Family and Protective Services is composed of the council, the commissioner, an administrative staff, and other employees necessary to efficiently carry out the purposes of this chapter.
Text of subsection effective until September 01, 2017
(b) Notwithstanding any other law, the department shall:
(2) provide family support and family preservation services that respect the fundamental right of parents to control the education and upbringing of their children;  
Sec. 151.003.  LIMITATION ON STATE AGENCY ACTION.  A state agency may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent's child
***Added by Acts 1999, 76th Leg., ch. 62, Sec. 6.18(a), eff. Sept. 1, 1999.  Renumbered from Sec. 151.005 by Acts 2001, 77th Leg., ch. 821, Sec. 2.13, eff. June 14, 2001.***

MILITARY REGULATIONS
REGARDING HOMESCHOOL GRADUATES
In accordance with December2013’s National Defense Authorization Act (NDAA) H.R. 3304, Sec 573, which states, according to Public Law 112-81, Sec 532, military recruits enlisting as a graduate of a secondary school that is “in compliance with the education laws of the State in which the person resides” must be treated equally.
Sec. 532. Policy on military recruitment and enlistment of graduates of secondary schools.
SEC. <<NOTE: 10 USC 503 note.>> 532. POLICY ON MILITARY
                        RECRUITMENT AND ENLISTMENT OF GRADUATES OF
                        SECONDARY SCHOOLS.
    (a) Equal Treatment for Secondary School Graduates.--
            (1) Equal treatment.--For the purposes of recruitment and
        enlistment in the Armed Forces, the Secretary of a military
        department shall treat a graduate described in paragraph (2) in
        the same manner as a graduate of a secondary school (as defined
        in section 9101(38) of the Elementary and Secondary Education
            (2) <<NOTE: Applicability.>>  Covered graduates.--Paragraph
        (1) applies with respect to person who--
                    (A) receives a diploma from a secondary school that
                is legally operating; or
                    (B) otherwise completes a program of secondary
                education in compliance with the education laws of the 

                State in which the person resides.
According to Michael Farris of HSLDA, a "transcript or diploma prepared by the parent. . . satisfies the law's intent. No additional educational documentation is required." [http://www.dovelink.com/HomeSchool/HSArticle003.htm].”
FOR MORE INFORMATION CONTACT THE FOLLOWING AGENCIES:

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