State and Federal Laws for Homeschoolers

By Isabel Allen

In the United States, millions of children are homeschooled. This number will reach over 12 million by 2015, according to the Home School Legal Defense Association (HSLDA). Each state governs education and has its own own laws concerning homeschooling because the United States Constitution does not have specific laws concerning education. You will only have to learn the laws for your individual state if you've considered homeschooling.

Laws on homeschooling vary from state to state. Each state has a mandate to provide an education for its students; many states delegate that authority to the state's Board of Education. It is ensured by the state Board of Education that every child receives an adequate education. The Equal Education Opportunities Act of 1974, a Federal law, was passed because of this mandate. By law, no state can deny any child an education based on their race, color, sex, or national origin. In other words, within every state, every child is guaranteed an education.

While states cannot deny a child an education, it is ultimately up to the parent to choose where that child will attend school - whether public school, private school, or homeschool. Public schools, and some private schools, are regulated by the state. However, since a large percentage of homeschool families do so for religious reasons, there are often few regulations for homeschools.

One state law that appears to be universal is the requirement for children to attend school in some fashion during set compulsory ages. However, in each state, these ages may be different. Depending on the states laws; some states require children to be in school from 7 to 16, others 5 to 17. To determine what your state's compulsory ages are you can contact HSLDA, or search the internet.

Home School Legal Defense Association, National Home Education Network, and other websites on the Internet, list the homeschool laws for each state. If you choose to homeschool, it would be advantageous to learn your state's laws. After you have begun to homeschool, if you move to another state, especially if you are a military family, you can go back to these sites to find the laws for the new state.

Military families often move several times throughout the length of a soldier's career. Many are choosing to homeschool because it is one way to guarantee continuity in their children's education. Rather than transferring a child from one school to another, often internationally, a military family that homeschools can continue their child's education without fear of negative impact.

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