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State Laws and Regulations - Texas
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Welcome to homeschooling in Texas! We encourage you to discuss the laws and regulations regarding home education with other homeschoolers who live in your state, and especially with those who are knowledgeable about the homeschooling climate in your local community.
Homeschooling laws and regulations vary from state to state; there is no federal authority for all laws and regulations which can affect homeschooling.
Each parent who chooses to homeschool their children in Texas takes on a responsibility to familiarize themselves with the specific laws and regulations which affect homeschooling families in their state.
There are many good resources for help, beginning with the homeschool support groups, organizations, listservs, websites and helpful individuals. To find out more visit the Support Groups section of this web site.
Please Note: This is not intended to be legal advice and is distributed for informational purposes only. For more information about the laws and regulations in this state please contact a state or local support group.
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Texas Legislature
Texas Education Code sections 21.032 & 21.033
Legal
Requirements for home schooling in Texas
(This is not intended to be legal advice and is distributed for
information purposes only, for the exact wording and interpretation of the law
please look at the Texas Education Code(sections 21.032 & 21.033) or
consult a lawyer.)
- Compulsory Attendance ages are 6 through 17.
This means that when a child turns 6 he must be "in school" and,
if not enrolled in a traditional school, the following requirements apply:
- The home school must be run in
a bona fide manner (not a sham or subterfuge.
- A written curriculum (from any
source including video or computer) must be used and must cover the basic
subjects of reading, spelling, grammar, math and a course in good citizenship.
The child is considered to be in a private school.
- Parents must reasonably
cooperate with any reasonable inquiry from an attendance officer.
- The Texas legislature has not defined private or
parochial school in the Education Code . Additionally, the legislature has
given the TEA and State Board of Education authority just over Public
schools, not over private or parochial schools. Under the compulsory
attendance laws, there is a requirement of 170 days of attendance but this
only applies to PUBLIC schools, not to private schools.
- There are no current testing requirements nor or
you required to register your home school with the school district under
current Texas law.
Leeper Case
Upheld on Appeal.
On
Wednesday, June 15, 1994, the Texas Supreme Court unanimously upheld the appeal
of the Arlington v. Leeper case, which defined the current home-schooling
rights of parents in the state of Texas. In a 30 page ruling, the court upheld
the lower court rulings which said that students attending legitimate home
schools are not required to attend public schools. The court said that the
Texas Education Agency had no legal basis for prosecution of 150 homeschooling
families and that legitimate home schools are exempt from the state's
compulsory attendance law.
The Supreme Court agreed with the district
court's ruling that a home school was considered legitimate if parents used
some sort of curriculum consisting of books, workbooks or other written
materials and that they met "basic education goals" by teaching reading,
spelling, grammar, mathematics and good citizenship. Once that standard is met,
the state's authority ends, although the district court said school officials
could ask home-school parents about curricula and standardized tests.
The Supreme Court specifically said Wednesday
that the Texas Education Agency could request evidence of standardized test,
even though home-school parents are not required to give such tests. The Court
also said that any new rules on home schools written by the State Board of
Education would be subject to judicial review.
The Supreme Court also lifted, as unnecessary, a
permanent injunction barring school districts from charging parents who educate
their children at home with criminal violations. The court said that Texas law
was never intended to criminalize home schooling and noted that home schools
were a historical practicality for many Texas families in the 20th century.
And, finally, in an 8-1 decision, the Court
upheld the ruling that the state pay $360,000 in attorney fees for the
plaintiffs.
(The above article compiled from various news
sources.)
(*)From Susan
Frederick, the Taffie mailing list archives, reprinted by permission.
For further information about the Taffie mailing list for
Texas homeschoolers, including instructions for joining the lists visit:Texas Advocates For
Freedom In Education"
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