Finding Out How To Legally Homeschool
In Your State

So, is all this homeschooling stuff legal, anyway?

The short answer is, of course, yes. Homeschooling in America is legal everywhere you go. The long answer is that, depending on where you live, you will be subject to either no laws or a multitude of laws, and you are responsible for not only making sure that you know what the law says, but also for making sure that you follow them.

In America, there are three basic types of homeschool laws; laws specifically governing homeschooling by name, laws governing private education (which includes homeschooling), and "equivalent instruction" laws. No matter which category your state falls into, you also need to know the specific laws for your state, as they vary widely from one place to another. If you are a military family, you will be subject to DOD regulations, not state regulations. So, how do you go about finding out what laws you will be under?

Your first instinct might be to go to the people that you would assume would be knowledgeable about educational matters — your local principal or Board of Education office. Sadly, they are usually the least equipped people to be answering your questions about homeschooling. Not only do they not have any reason to know about homeschooling, but a few bad apples here and there will actually mislead potential homeschoolers because they don't want to lose their per-student funding. Mostly, though, professional educators mislead through simple ignorance of what the law says.

Another way to try and learn about local laws is to run an internet search, but this may not get you what you want, either. You'll probably get several pages of results that may or may not explain the information in clear terms, and may conflict with each other. Some pages may point you to a quote of the relevant portion of the state law without actually explaining it in non-legalese words that are easy to understand.

But an internet search is likely to turn up a link to the Homeschool Legal Defense Association, the HSLDA. The HSLDA is a national organization that helps paid members with any legal problems that may arise from their homeschooling their children. They also maintain a free website with information about homeschooling across the country, as well as some information about international homeschooling. At the HSLDA website, you can find information explaining the laws for each state of the country, with a brief explanation in common terms of how to meet the requirements. In addition, you should be able to find links to state and local organizations that you may want to contact.

Which leads me to the best source of information: either state or local homeschooling organizations, or a veteran homeschooler from your area. While the HSLDA has a wonderful website, you still need to check behind them to be sure that their information is totally correct. (I have heard from long-time homeschoolers in my home state of Alabama that until a couple of years ago, their website information for our state was not quite correct.) There are several ways you can find the people you need: an internet search for "homeschool organizations, statename", the yellow pages under "educational consultants", or try calling a few of the local private schools that are affiliated with local churches, since some of them also run homeschool programs under their school program. Look around at the library or a local visitors' center to see if there is a local parenting magazine, and then check the ads in there. One of the best ways these days to find information is to hop over to YahooGroups and do a search through their groups for a homeschool organization in your state, join up, then check their group files, or just ask the list to please explain the law to you. Most groups are happy to answer you, or point you to a good file or website.

Once you find out the basics of your local law, you will probably want to double-check, because making sure that you are following the law is one of the most important things you can do. Most homeschoolers find ways to be very "creative" with their interpretations of certain laws, but some things are a must, such as certain paperwork or tests to be filed each year. Make sure that you understand what you must do each year, and what is only recommended. One final point is to make sure that you understand the differences between actual state law and any rules that a local "covering" or "umbrella" organization may have for their own members.

Always remember that homeschooling is legal everywhere in America. However, it is up to you to make sure that you are following all local regulations and requirements so as not to have any potential problems crop up down the road. It is in your best interest, and especially that of your children, to make sure that nobody can find fault with you from a legal standpoint, so that you can enjoy your time as a homeschool family, rather than worrying over legalities.

--M. Ellis