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

The federal governmenthas no jurisdiction over homeschooling, and educating your child at home is afundamental right protected by the Constitution. In fact, the 10th Amendment gives power to individual states to regulate allforms of education, including homeschooling.

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

In 1994 the Texas Supreme Court unanimously upheld lower court decisions that home schools, by law, are considered private schools. Private schools are exempt from the compulsory attendance requirements placed upon public school attendees. Private schools in Texas are not regulated by the state.

There are only three requirements to homeschool in Texas:

§  The instruction 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.

There are no reporting agencies and no testingrequirements for homeschoolers. The state of Texas does not regulatehomeschoolers once they have been removed from the public school system. 

If your child has never attended public school you can simply keep them home and homeschool.   If your child is in public school and you want to homeschool, here are the steps:

HOW TO WITHDRAW YOUR CHILD FROM PUBLIC SCHOOL

§  Go to the school and tell the administrator that you will be withdrawing your child to homeschool him/her.

• Sign the form called “Intent to Homeschool.” This form may ask you what type of curriculum you intend to use. You DO NOT have to answer this question. You can leave it blank if you like. Or, if you want to put something there you can simply say you will be using an eclectic approach, utilizing many types of resources.
• Pay any library fines, return books that belong to the school, settle up cafeteria charges, etc.

CURRENT LAWS AND REGULATIONS

Texas Education Code § 25.085 and §25.086 

Tex. Hum. Res. Code § 40.002 (b)(2)

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;  

Tex. Fam. Code § 151.005

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.***

Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994)

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

        Act of 1965 (20U.S.C. 7801(38)).

(38) Secondary schoolThe term ‘‘secondary school’’ means a nonprofit institutional day orresidential school, including a public secondary charter school, that providessecondary education, as determined under State law, except that the term doesnot include any education beyond grade 12.

            (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: