Federal Laws About Homeschooling

Homeschooling is an alternative to public and private schools. Contrary to traditional systems where students come to a set location for learning, homeschooling involves curriculum being taught from home. Parents considering this education alternative should be aware of federal and state regulations regarding homeschooling. While the federal government has few rules that concern homeschooling, state governments have several.
  1. Equal Education Opportunities Act of 1974

    • In general the federal government does not regulate the educational system with a lot of rules. One primary law that the government does uphold is the Equal Education Act of 1974. This Act states that state law and any other entity may not discriminate against students based on race, color, sex or national origin. Every child, in other words, is guaranteed the right to an education under this Act. In homeschooling, Equal Education applies to an educator hired by parents to teach the child at home. Since there is no established institution, the educator is prohibited from discriminating based on factors discussed in the Equal Education Act.

    Universal Rules

    • While state laws often differ when it comes to education, one rule that appears universal is the requirement for all children to attend school. Every child within set compulsory age groups must be taught curriculum that is approved the state's education board. Since homeschooling is legal in all 50 states, a child receiving approved curriculum from the comforts of home qualifies as one who attends school.

    Varying Rules

    • Compulsory ages are established by state governments and vary across the nation. While some states require children to attend school from the ages of five to 17, others require attendance from seven to 16. In addition, some states require parents to register their child as being home-schooled and present a portfolio of curriculum to the State Board of Education prior to beginning sessions. The Home School Legal Defense Association (HSLDA) carries updated versions of state laws concerning homeschooling (See Resource).

    Children With Disabilities

    • The federal government works with state governments when educating children with disabilities. The federal government entitles every special needs child to an evaluation free of charge to the parent or guardian. If a homeschooling option is chosen in lieu of public education, unbiased testing, classification, and grade placement should be offered at the parent's consent. The United States Department of Education prohibits states from overriding the wishes of parents who choose not to have children evaluated by public educational institutions. Children not evaluated, however, may not be eligible for special services provided by state and federal governments for disabled children.

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