**The following podcast contains information on homeschooling and the law. The content provided in this podcast is for informational purposes only. It is not intended to be a substitute for professional legal advice, consultation, or representation. For specific information about the law where you live, we suggest you contact the Home School Legal Defense Association, a local homeschooling support group, or a qualified attorney.**
“Is Homeschooling Legal?” is one of the most frequently asked questions Ginny and Mary Ellen have been asked over the years in person, in forums, and at homeschool conferences.
They have spoken with countless moms and dads about the topic and today, they concisely explain in a simple, easy-to-understand manner what they have learned. Get ready for a good listen and some peace of mind.
Do I have to jump through any hoops to homeschool?
● It depends on where you live.
● Some states have substantial requirements: MA, PA, ND, and NY. But even in these states, requirements can vary tremendously from district to district.
● Others have very few laws and restrictions: IL, MS, ID, CT, AR, and OK. OK has the right to homeschool in its constitution, which makes it unique.
● But you may find inconsistencies within your school district. One might insist that you register with the school district, another may instruct you to take standardized tests.
● These inconsistencies are often due to ignorance about laws, so you must be informed and advocate for yourself.
How do I find out the restrictions or requirements where I live?
● Step #1 is to go to the Home School Legal Defense Association – HSLDA website.
● HSLDA is the best resource in the nation on legally homeschooling in every state and will provide competent and knowledgeable representation for homeschoolers when needed.
● The HSLDA website provides reliable, up-to-date information about homeschooling in each of the 50 states. Also, HSLDA attorneys present short (2-5 minute) videos on "How to Comply with (my state's) Homeschooling laws."
● Talk with a homeschooling family in your school district for practical experience on how interfering, or not interfering, your district will be. That can make a big difference.
● Seton Home Study maintains a list of their families willing to be contacted.
Which families are most likely to face difficulties?
Divorced or separated parents
If parents divorce or separate, it’s advisable they agree about homeschooling. If the issue goes to family court, judges frequently opt for the most common education choice – public school. Public school is often the outcome when one parent wants private or religious schools, too.
A child with a disability
Parents of a disabled child are sometimes contacted by authorities who question their competence to home school.
Other situations
In some states, parents of children who claim gender confusion will have a problem if they try to pull their children out of school, even if those schools reinforce their children's confusion.
How do you keep your homeschool free from government interference?
● Know your state's law regarding home education.
● Comply with all necessary legal requirements.
● Choose the least restrictive option. Some families find that the religious exemption option to be the least restrictive.
● If you live in a restrictive state, consider joining HSLDA (Seton families get a discount.) They provide legal guidance and help to their members.
● Know what to do if authorities contact you. Contact HSLDA for advice about this possibility.
Important to know -
1. When you pull a child out of school, it is not the time to explain your reasons.
2. If you are pulling your children out of a parish school, you want to have a good enough relationship to be able to get the sacraments.
3. A reasonable explanation is, "We are making other arrangements for Billy. We'll be in touch for his records."
