Texas Home School Laws

In 1985, the Texas Education Agency announced that homeschooling was illegal in Texas. In the aftermath of this announcement, more than 80 families were criminally prosecuted for truancy. On April 13, 1987, as a result of the class action suit that followed the homeschooling announcement, presiding Judge Charles J. Murray legalized homeschooling in Texas and established explicit regulations for homeschooling families.
  1. Compulsory Attendance Exemption

    • Although Texas Education Code requires students to receive 180 days of educational instruction in public schools, private and parochial students are exempt from compulsory attendance. According to a letter from Robert Scott, the Texas Commissioner of Education, "The decision rendered in Leeper et al. vs. Arlington ISD et al. clearly establishes that students who are home schooled are exempt from the compulsory attendance requirement to the same extent as students enrolled in private schools."

    Letter of Intent

    • Homeschools are not required by state law to inform local districts of their intent to homeschool. However, Scott adds that "school districts which become aware of a student who is potentially being home schooled may request in writing a letter of assurance from the parents of the student regarding their intention to home-school the student."

    Bona Fide Instruction

    • A basic requirement of homeschooling in Texas is "bona fide" instructions. Real teaching must take place. However, parents are free either to teach their children themselves or to utilize tutors or other homeschool families for instruction.

    Visible Curriculum

    • Home education must come from visible curriculum such as books, workbooks, other written materials, computers or videos. However, the public schools do not supply curriculum to homeschools. The Texas Education Agency does publish a list of state-mandated curriculum used in public schools that is available, as of 2010, for $50 a copy. Homeschools are not required to use the same curriculum as the public schools.

    Subjects

    • Curriculum for homeschools is expected to meet the basic requirements for the subjects of reading, spelling, grammar, mathematics, and good citizenship. However, parents are not required to submit curriculum lists to their district for approval.

    Re-enrollment Assessments

    • Texas law does not require annual evaluations for homeschool students. However, if parents want to enroll their homeschool student into a public school, grade level assessments will be required and determined by individual districts.

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