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Homeschooling Laws:

Requirements For Home School

Homeschooling laws and requirements vary across the world but the good news is that home school is legal in all 50 US States and many other countries too, including the UK.

In fact in many countries home school seems to be growing in popularity - which, given all the benefits to homeschooling, hardly comes as a surprise!

homeschooling statistics

It's worth holding onto the fact that no one can stop you from homeschooling so long as you follow the laws of your state or country. That doesn't mean you won't face some opposition (in fact, reasoning with the relatives is such a common issue I've put it as one of the bad things about homeschooling!)

Nonetheless, even if you have to argue sometimes, ultimately you are responsible for your child's education.

I've said this before, but it's worth repeating:

Choosing to home school William and Catherine was the best decision we've ever made!

US homeschooling requirements

There are lots more details about the homeschooling laws, including some top tips on how to steer your way through them, in my page on homeschooling requirements, but here is an overview of home school laws across the US.

Before we start, there's one very important point that's worth emphasising:

Find out for yourself what the laws are BEFORE you ask state officials.

You can find out what you need to know from local home school organizations and the reference library. If you ask you local school district or state department of education for information before informing yourself about the laws you may well find that local officials and even state officials will not fully understand the laws relating to home school, and may therefore ask for far more information than the law requires.

I have to say this is true in the UK too; your local Education Authority is probably not the best place to find out what you need to do. In fact, you may end up explaining the laws to them!

It's obviously essential that you make enquiries yourself about the legal situation as it affects you, but it's worthwhile giving a brief overview of the homeschooling laws as they affect the US as a whole.

  • Every state has some form of a compulsory attendance law that requires children in a certain age range to spend a specific amount of time being educated.
  • While every state has some requirements, there is great variation in what sort of obligations you have to fulfill. No two states treat home school in exactly the same way.
  • I've taken from Wikipedia the three main categories of laws that apply to the US:
    1. In some states, homeschooling requirements are based on its treatment as a type of private school (California, Indiana, Texas, for example). In those states, homeschools are generally required to comply with the same laws that apply to other (usually non-accredited) schools.
    2. In other states, home school requirements are based on the unique wording of the state's compulsory attendance statute without any specific reference to "homeschooling" (New Jersey, Maryland, for example). In those states, the requirements for homeschooling are set by the particular parameters of the compulsory attendance statute.
    3. The third category of states (Maine, New Hampshire, Iowa, for example) homeschool requirements are based on a statute or group of statutes that specifically applies to homeschooling, although these statutes often refer to homeschooling using other nomenclature. In these states, the requirements for homeschooling are set out in the relevant statutes.
    4. Generally, the burden is less in states in category 1, above. Furthermore, many states offer more than one option for homeschooling, with different requirements applying to each option.

    Whatever laws apply to your state, it's interesting that overall the numbers of homeschool students in the US is increasing. It's also good to know that statistics prove the academic benefit of home school.

    UK home education laws in England and Wales

    You can see in full section 7 of the 1996 Education Act, which is the law relating to home educators in England and Wales, as well as any obligations you have, in my page on homeschooling requirements.

    What I'd like to clarify now is what the law means in real life.

    The good news is that one look at the homeschooling laws shows that most of the requirements other people think you have to do are completely wrong.

    • You do not need to be a qualified teacher.
    • You do not need to educate within set times, follow school holidays or stick to term dates.
    • You do not need to follow the National Curriculum.
    • You do not need to put your child through tests.

    The best way to think about home education laws in the UK is to realize that:

    Education is compulsory, schooling is not.

    If you've got questions about the homeschooling laws and requirements that might affect you, it's well worth visiting Mike Fortune-Wood's Home Education Organisation. He's got an excellent site which answers the questions most frequently asked by newcomers as well as home education resources and publications.

    Overview of Home School Laws

    The really important thing about homeschooling laws is that, even where the requirements are more onerous, they generally still leave you with a lot of freedom compared to public education.

    1. You can still choose how to run your homeschool. You can see ideas for making a home school schedule to get you started.
    2. To a large extent, you can still choose what kind of education to give your child and sort out the homeschooling methods you want to use.

    I am certain that, whatever homeschooling laws and requirements you have to follow, you'll find home school well worth the effort.


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