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
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.
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.
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.
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.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
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?
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.
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.
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?
HSLDA's Position on Tax Credits Generally
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
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.
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.
Featured Resources
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Dumbing Us Down: The Hidden Curriculum of Compulsory Schooling
This radical treatise on public education has been a New Society Publishers' bestseller for 10 years! Thirty years of award-winning teaching in New York City's public schools led John Gatto to the sad conclusion that compulsory governmental schooling does little but teach young people to follow orders as cogs in the industrial machine. In celebration of the ten-year anniversary of Dumbing Us Down and to keep this classic current, we are renewing the cover art, adding new material about John and ...
Name That Country Game
"Dear Pen Pal, Konnichi wa! We've been to see Mt. Fuji. Name my country! Sayonara, Michiko." Challenge your group with this fast-paced geography game, created in 1992 by Educational Insights, Inc. Everyone begins at the post office. Players twirl a finely printed spinner (built into the game board itself) to select one of 60 countries. If the player can correctly identify the country's location on the board's numbered map, he or she may advance along the path to the finish. Bonus moves are won b...
When Children Love to Learn: A Practical Application of Charlotte Mason's Philosophy for Today
Children want to learn and one of the best approaches to homeschooling is to meet their natural curiosity with support and understanding. Charlotte Mason's educational philosophy does just that. This book offers explanations of how to incorporate Mason's ideas into your teaching, leading to more success in learning and less frustration in the home education environment. This book is a great resource for those embarking on the homeschool journey, as well as being an invaluable resource for those ...
National Geographic Guide to the National Parks of the United States, Fourth Edition
Now in its fourth edition, the National Geographic Field Guide to the Birds of North America is the ultimate birders field guide. Sturdy, portable, and easy-to-use, it features the most complete information available on every bird species known to North America. This revised edition features 250 completely updated range maps, new plumage and species classification information, specially commissioned full-color illustrations, and a superb new index that allows birders in the field to quickl...
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!