Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in California
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
California Homeschool Network Legal Rights Committee
California Homeschool Network's volunteer legal committee doesn't give legal advice, but they can share information about the experiences of other homeschoolers who have asked those same questions, and they can help you understand current homeschool laws and regulations. The CHN Legal Defense Fund was established in 2000 to benefit families who do not qualify, for any reason, for assistance from one of the other legal services organizations.
Legal Issues Affecting the Homeschool Community
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Stand for Freedom
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
On Jumping Through Hoops
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
Together We Stand Free
Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.
A New Charter for Homeschooling?
Discusses some of the issues relating to homeschoolers in North Carolina placing their children in public charter and virtual charter schools for some or all of their education. Using examples from Alaska, California, and other parts of the country, author Dr. Karen Palasek examines why homeschooling parents need to be informed about the implications of this type of enrollment.
Battling for the Heart and Soul of Home-Schoolers
A look at the battle for the homeschooling movement and the demographics of homeschooling families that challenges the notion that all homeschoolers are conservative fundamentalists. This article is a critical look at the HSLDA.
Social Security's New Home School Flow Chart
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
Legal Issues - Special Needs Children
Many homeschoolers are reluctantly drawn to homeschooling because the schools failed their children. This trend is expanding to include children in special needs programs, resulting in an increasing number of questions from parents choosing to homeschool their children who are interested in continuing or obtaining special needs help from the schools. In many instances a special needs child shows tremendous gains just by being removed from the public school situation and educated at home by loving and caring parents who are able to provide the stimulation and enrichment each child needs and deserves. If services are offered the family is not required to accept them. Many families do just fine without government help, but if you need it, special needs services are available to homeschoolers.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
Protecting Ourselves from Truancy and CPS Investigations: Avoiding Referrals
Although some government employees oppose homeschooling, most notably in the Department of Education's Legal Counsel's office, there is no indication that there is a systematic effort by the government to prevent homeschooling. First, compliance with one of the legal ways to homeschool is crucial. Second, the following factors may result in a referral: Pulling children out of public or private school after a dispute with the school (i.e.: ongoing truancy problems); custody battles; welfare referrals; or neighborhood disputes. As long as children are healthy, happy, involved with the community, and appear to be learning and thriving, the likelihood of a referral is reduced. What can you do if you are in one of the "high-risk" groups for referral? The most important thing to do is know your legal rights.
Looking for Another State?
Featured Resources

As an Amazon Associate, we earn from qualifying purchases. We get commissions for purchases made through links on this site.

The Outdoor Life of Children: The Importance of Nature Study and Outside Activities (Charlotte Mason Topics - Volume 2
The methods of Charlotte Mason are popular among homeschoolers. She includes nature study as a crucial element. This work explores the idea of the outdoors as a classroom for children, and gives tips on ways of teaching the sciences, history, literature, music, and art through the use of outdoor space. 
Pass Your California DMV Test Guaranteed! 50 Real Test Questions! California DMV Handbook
This book contains the 50 most common questions and answers to the California DMV Written Test. Written by a former DMV classroom instructor and test creator, this straight forward book tells you the most likely questions and answers that will appear on you exam. Typically, at least 70-80% of the questions you encounter will come from these high frequency questions. Pass your test today!
For the Children's Sake: Foundations of Education for Home and School
Shows parents and teachers how children's learning experiences can be extended to every aspect of life, giving them a new richness, stability, and joy for living. Every parent and teacher wants to give his or her children the best education possible. We hope that the education we provide is a joyful adventure, a celebration of life, and preparation for living. But sadly, most education today falls short of this goal. For the Children's Sake is a book about what education can be, based on a Chris...
Climb Inside a Poem for Children Big Book of Poems
The poetry anthology, Climb Inside a Poem: Original Poems for Children, uses the writings of contemporary children's poets, whimsical illustrations, and an expansive big book format (14"x 18") to create a 36-page poetry playground. The children's poems crafted expressly for this collection are written by acclaimed children's authors.
The Trivium: The Liberal Arts of Logic, Grammar, and Rhetoric
Opening the door for beginners who seek a thorough grounding in the first arts of human understanding, this book explains the nature of logic, grammar, and rhetoric-the three of the seven liberal arts-and how they relate to one another. In Renaissance universities, the trivium (literally, the crossing of three part way) formed the essence of the liberal arts curriculum. Examined are topics such as the nature and function of language, distinguishing general grammar from special grammar, the study...