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 Nebraska
Nebraska Legislature Current Legislative Action
Check on the status of bills, learn about pending legislation, and access the legislative calendar.
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.
Legal Issues Affecting the Homeschool Community
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.
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.
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
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.
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?
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.
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.
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.
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.
Featured Resources
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Teach Your Own: The John Holt Book Of Homeschooling
The classic work on teaching children at home, updated for today's new laws, new lifestyles, and a new generation of homeschooling parents. Today more than one and a half million children are being taught at home by their own parents. In this expanded edition of the book that helped launch the whole movement, Pat Farenga has distilled John Holt's timeless understanding of the ways children come to understand the world and added up-to-the-moment practical advice. Rather than proposing that pare...
Minds More Awake: The Vison of Charlotte Mason
Anne E. White explores what is known as the Charlotte Mason, based on the educational philosophy of the 19th century British educator. The goal is to set a child on the path to an intentional, purposeful life. White explores both the practical and philosophical understanding the Mason's practices. White includes lots of examples of how to use these ideas in your own homeschooling.
Morning by Morning : How We Home-Schooled Our African-American Sons to the Ivy League
Home schooling has long been regarded as a last resort, particularly by African-American families. But in this inspirational and practical memoir, Paula Penn-Nabrit shares her intimate experiences of home-schooling her three sons, Charles, Damon, and Evan. Paula and her husband, C. Madison, decided to home-school their children after racial incidents at public and private schools led them to the conclusion that the traditional educational system would be damaging to their sons’ self-esteem...
The Exhausted School: Bending the Bars of Traditional Education
These 13 essays, presented at the 1993 National Grassroots Speakout on the Right to School Choice, illustrate how education reform actually works. Written by award-winning teachers and their students, these essays present successful teaching methods that work in both traditional and nontraditional classroom settings. Gattos voice is strong and unique. Thomas Moore, author of Care of the Soul
Create! Press
Create! Press carries creative approaches to teaching creative writing and composition. Their products include the Create-A-Story game, Writing Adventures, Stepping Stones, and more.