by Diana Dow
Synopsis: Laws regulating homeschooling vary from state to state. Become familiar with your state’s laws.
“Is it legal?” I can’t tell you how many times I heard this question in the early years of our homeschooling. Most often, the question came from my father-in-law. His concern was valid. Parents have been arrested for teaching their children at home. Parents, to whom God gave the responsibility to teach their children, have been arrested by a government that determined it could do a better job. It is important, as children of God, that we remember the One to whom we first answer. The responsibility to teach our children is not negated by civil laws of men. We must take our responsibility seriously and consider how and if the government schools can help us in our task (Deut. 6:7).
We live in a land that has determined who will teach the children, how they will be taught, what they will be taught and where they will be taught. As faithful children of God, it is our responsibility to obey the law of the land when it does not interfere with obeying God. Therefore, it is important to learn the laws concerning the education of our children (Rom. 13:1).
Massachusetts was the first state to enact compulsory attendance laws in government schools. The 1852 law required attendance for children between the ages of eight and fourteen. By 1918, all the states had compulsory attendance laws. As time has gone by, the compulsory attendance ages have extended to as young as five years old and as old as eighteen. Today, laws are being considered that would lower the age to include children of four and even three years old.
Compulsory attendance age is the age a child must be enrolled in formal education. Do not confuse this with the minimum age a child can enter the local school system. The compulsory attendance age only determines when you must begin abiding by the laws of your state. In Texas, a child may enter kindergarten if he is five by September 1, but the compulsory attendance age isn’t until age six by September 1. If you live in Idaho, the compulsory attendance age begins at age seven, at which time the laws of the state kick in. Until your child reaches the compulsory attendance age, enjoy the freedom of educating your child as you wish without state mandated requirements.
So, is home schooling legal? The short answer is, “Yes!” At the time of this writing, homeschooling is legal in all fifty states.
The long answer is that every state has its own laws, and these laws vary widely. In Oklahoma, the right for parents to homeschool their children was written in their constitution many years before the modern-day home school movement began to grow. In Texas, a home school is considered an unaccredited private school with no communication with the school district required. Some states are more regulated: requiring immunizations, keeping attendance, submitting personal information about the child to the local school district. Even the less regulated states, like Florida, may require filing an intent to homeschool, and an annual evaluation performed by a certified teacher. At times, it may feel like we are being asked to “jump through hoops” to meet the legal requirements. Connecting with experienced, local homeschoolers who can answer questions and give advice will help you navigate the legal system in your state.
Laws change. Be aware of the constant battle in our legislatures for the hearts and minds of our children. If a law is too restrictive, or attempts to take over the role of the parents, get involved in the legal process to change it. In the meantime, it is important that we “dot the i’s” and “cross the t’s” of our state’s home school laws. Pray for the continued freedom to educate our children according to God’s will without fear of persecution. It is also helpful for the elders of a congregation who have home school families under their oversight to become aware of these laws. Being informed will help everyone understand what legal challenges the home school family faces (1 Tim. 2:1-2).
For an interactive guide to the current laws in all fifty states, check out this website: (https://hslda.org/legal).
