A Guide to Homeschool Regulations in the United States

by admin on July 28, 2010

Homeschool is growing in popularity every year. According to the December 2008 Issue Brief published by The National Center for Education Statistics, a division of the U.S. Department of Education, 1.5 million children were homeschooled in 2007. The number of children being homeschooled increases every year.

Federal law does not regulate homeschooling. The U.S. Supreme Court has ruled numerous times that homeschooling is protected under the liberty clause of the 14th amendment of the U.S. Constitution. Homeschoolers are exempt from the No Child Left Behind Act. Laws governing homeschool vary greatly from state to state.

This is a series of articles. It is residence up as follows:

Part 1: Alabama through California

Part 2: Colorado through Georgia

Part 3: Hawaii through Iowa

Part 4: Kansas through Maryland

Fraction 5: Massachusetts through Missouri

Part 6: Montana through New Jersey

Part 7: New Mexico through Ohio

Part 8: Oklahoma through South Carolina

Portion 9: South Dakota through Vermont

Part 10: Virginia through Wyoming

Alabama

Alabama sets specific requirements for homeschooling based on the type of homeschool environment. Mandatory attendance is required for all children aged 7 to 17 years of age. Two homeschool options exist for homeschooling parents. Homeschools are either church schools or homeschools with private tutors. There are no mandatory testing requirements in Alabama.

Church schools are operated as a ministry of a church or religious denomination. This applies to Christian and non-Christian religions equally. Church schools are exempt from mandatory attendance and from teacher certifications. Parents must file the appropriate forms with the local school district. Attendance records are required to be kept by the parents.

Homeschools using private tutors must use Alabama certified teachers as tutors. A minimum of 140 days of instruction is required and school must be taught during the hour of 8:00 am and 4:00 pm. Tutors are required to keep daily logs and may have to report to the state as required.

Alabama laws pertaining to homeschool are as follows:

§ 16-28-1(2) (definition of church schools).

§ 16-28-3 (compulsory attendance and exemptions).

§ 16-28-5 (certified private tutor).

Alaska

Alaska has minimal requirements for home schools. No specific regulations regarding homeschool teacher requirements or student testing exist in Alaska. If a child is being educated in the child’s home by a parent or legal guardian then the child is exempt from mandatory attendance policies. If parents decide to operate the homeschool as a private school, other regulations apply including testing and teacher qualifications.

State policies affecting homeschooling in Alaska are as follows:

§ 14-30.010(b)(1)(C)(12) (compulsory attendance exemption)

Arizona

In Arizona, there are no special requirements for homeschool teachers and homeschooled children are not subjected to mandatory testing. Situation law requires that parents file a notice of intent with county superintendent within 30 days after starting homeschooling. This does not have to be repeated unless the family stops homeschooling. Notice of cessation of homeschooling must be submitted to the county superintendent’s office within 30 days after termination of a homeschool. Arizona has mandatory attendance laws. Children between the ages of 6 and 16 must attend school. If a child reaches the age of eight and is not yet in school, homeschool parents must file a waiver with the county.

A birth certificate for each homeschooled child must accompany the notice of intent form. This notice of intent must be filled out by the custodial parent or legal guardian of the child. Under Arizona law, a homeschool is not a private school.

State laws pertaining to homeschooling in Arizona are as follows:

Arizona Rev. Stat. § 15-802 (homeschool)

Arkansas

Arkansas has few homeschool requirements. There are no specific qualifications for homeschool teachers. Parents are required to fill out yearly forms and submit them to the local Superintendent of School’s Office no later than August 15 of the upcoming school year. If August 15 falls on a weekend, then the next closest Friday is the cutoff date. Children of driving age must have the forms notarized. Mandatory testing is required for children in grades 3 through 9. Mandatory attendance is for children ages 5 through 17. If parents feel their child is not ready to attend kindergarten at age 5, a waiver form must be filed.

State Policies pertaining to homeschooling in Arkansas are as follows:

Arkansas Code Ann. § 6-15-501-503

§ 6-15-504 (testing requirements)

Arkansas Department of Education Homeschooling Page

California

The state of California has no specific laws that address homeschooling. Homeschool students are not required to engage any obtain of mandatory tests. Mandatory attendance pertains to children between the ages of 6 and 18. Homeschool teacher requirements differ depending on the type of homeschool provided. California homeschoolers have four options when it comes to the type of homeschool parents wish to provide.

The first type of homeschool is when parents file an affidavit with the Superintendent of Public Education. This must be done between October 1 and 15th of the school year. The second option for homeschooling is enrollment in a private school satellite program. Satellite programs must meet California codes for education. A third option is for parents to provide a private tutor. If the parent happens to be a certified teacher, this qualifies the parent as a tutor. The fourth and final option is to enroll in an independent study program provided through the local public school system. A Legal Analysis of California Homeschool Law by The Home School Upright Defense Association should be read by every California parent thinking about homeschooling.

State laws pertaining to California Homeschooling:

California Education Code § 48222 (compulsory attendance exemption for private schools).

California Education Code § 48224 (certified private tutor).

Educational choice is significant to all of us. The decision to homeschool should not be made without knowing your legal obligations. This guide to homeschool regulations does not cover everything you need to know. Contact your state’s department of education in order to regain up to date information on homeschooling in your area.

Sources:

Home School Legal Defense Association, Summary of Homeschool Laws in the Fifty States

Education Commission of the States, State Policies on Homeschooling by Mary Fulton, October 2009.

The National Center for Education Statistics: December 2008 Deny Brief


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