HOMESCHOOLING IN TEXAS & HOMESCHOOL LAWS
You may be considering homeschooling in Texas, but don’t know where to start regarding state regulations and requirements. This guide will walk you through what you need to know to successfully set up your own homeschool program legally in Texas. We’ll cover the history of homeschooling in Texas, current Texas homeschooling laws, required notifications and filings, curriculum and testing choices, high school transcripts, extracurricular activities, graduation requirements, and special education services.
This page is not intended to provide legal advice or otherwise constitute legal guidance. Always check your state regulations for the most current laws.
History of Homeschooling in Texas
In 1915, Texas implemented its inaugural compulsory school attendance law, mandating that children of a specific age must attend public school unless they were enrolled in another school. During this era, homeschooling in Texas fell under the umbrella of private education. However, it wasn’t until 1981 that the Texas Education Agency made a pivotal ruling, distinguishing homeschooling from private schooling and thereby subjecting homeschooled students to compulsory school attendance regulations.
This shift instigated concerns among homeschooling parents regarding their public safety, and the well-being of their children under Texas law. Legal confrontations ensued, with many parents facing court proceedings and even arrests. In response, a collective of homeschooling parents united to challenge their local school district, contending that homeschools should be classified as private schools under laws for homeschooling in Texas, exempting their children from compulsory school attendance mandates. This landmark case was famously dubbed Leeper vs. Arlington Independent School District.
In 1994, the Texas Supreme Court sided with the homeschooling parents in the Leeper case. The court’s ruling established homeschooling as a form of private education, rooted in historical treatment and lacking contradictory state statutes. Thus, Leeper became the cornerstone precedent shaping homeschooling laws in Texas. Texas became the first state with mandated driver education to allow parents to teach their own children.
However, this legal foundation underwent modification in 2007 when the Texas Home School Coalition (THSC) advocated for and successfully facilitated the passage of homeschool laws in Texas enabling homeschool students to take the PSAT. This Texas bill extracted a segment of the Leeper definition of homeschooling and dissociated it from private schooling within Texas homeschooling laws.
Subsequently, in 2021, THSC spearheaded another state law initiative to grant Texas homeschool students eligibility for participation in University Interscholastic League (UIL) sports. Once more, this bill leveraged the delineated definition of homeschooling, segregating it from private schools. Yet, it also marked the inaugural instance of vulnerability to state law challenges and potential regulatory adjustments for those who started homeschooling in Texas. See reference.
Current Texas Laws and Regulations
Under Texas law, homeschooling is considered a form of private education. The Texas Education Agency clearly states: “Texas has no authority to regulate or monitor homeschools. It is the fundamental right and responsibility of the homeschool parent to direct the education and upbringing of their children.” As a result, there are no registration, licensing, certified teachers qualification, instruction time, or curriculum requirements that homeschoolers must follow under Texas law.
Texas homeschool laws and regulations can be summarized as follows:
Definition of Homeschooling: In Texas, homeschooling is considered a form of private education. A school-age child is legally homeschooled if the instruction is bona fide (in good faith), the curriculum is visual (can be demonstrated), and it includes the subjects of reading, spelling, grammar, mathematics, and good citizenship. This definition stems from the Leeper v. Arlington ISD (1994) court decision.
Curriculum Requirements: The Texas homeschool curriculum must include reading, spelling, grammar, mathematics, and good citizenship in compliance with Texas homeschooling laws. Other subjects can be added based on the family’s preferences and include areas such as public safety, physical education and Texas history.
Teaching Schedule: Parents can design their teaching schedule according to their preferences, either teaching these subjects each school day or dividing them into weekly lessons.
Legal Classification: A homeschool in Texas is legally classified as a type of private school, subject to different requirements under Texas homeschooling laws compared to other types of private schools.
Withdrawal from Public School: If the child is currently enrolled or has recently attended a Texas public school, parents must officially withdraw them from the school. This can be done by submitting a withdrawal letter. It’s not legally required under Texas homeschooling laws to visit the school in person; a letter of assurance can be sent instead.
Support from THSC: Joining the Texas Home School Coalition (THSC) provides support for public school withdrawal. THSC assists homeschool families encountering difficulties during the withdrawal process.
Teaching Good Citizenship: Texas requires teaching good citizenship as one of the subjects. This can include activities like reciting the pledge of allegiance for lower grades and studying history, civics, and government for higher grades of school.
Attendance Records: Texas homeschool parents are not required to keep attendance records for each school year under Texas homeschool laws.
Texas homeschooling offers flexibility in curriculum choices, allowing students to pursue college credit and prepare for higher education, while also accommodating special education needs when necessary. If you are ready to homeschool in Texas, laws will not be a barrier in your journey.
Overall, homeschooling in Texas offers flexibility in curriculum and teaching methods while ensuring compliance with Texas homeschool laws regarding subjects taught and withdrawal procedures from Texas public schools.
How to Set Up a Homeschool In Texas
Starting to homeschool in Texas is a straightforward process under Texas homeschool laws:
Step 1: Know the Texas Homeschool Laws
In Texas, homeschooling is straightforward: instruction must be bona fide (authentic, not a sham), using a visual curriculum covering core subjects like reading, spelling, math, and good citizenship. Homeschools are considered private schools by the courts, exempt from regulation and compulsory attendance laws, and does not require certified teachers.
Step 2: Choose a Curriculum
Ensure your homeschooling endeavors adhere to the standards set by the Texas Supreme Court, which mandates the use of a written homeschool curriculum. This encompasses a variety of educational resources, including online programs, provided they meet the criterion of being bona fide or genuine. Operating your Texas homeschool in a bona fide manner is crucial to remain compliant with Texas homeschool laws, signifying authenticity and sincerity in your educational approach. This requirement underscores the importance of implementing a structured and substantive homeschool curriculum to facilitate effective learning experiences for your child.
Step 3: Withdraw from Public School
Legally, you’re not obligated to register with your formerly attended public school or district or seek their approval for homeschooling in Texas. However, if your child is currently enrolled in public school, you must formally withdraw them. The Texas Education Agency (TEA) mandates specifying the homeschooling start date for this purpose. To formally withdraw your child, you can either send a withdrawal email or a withdrawal letter in accordance with Texas homeschool laws.
Step 4: Start Homeschooling
Stay adaptable. If a method isn’t effective, don’t hesitate to explore new approaches. Maintain realistic expectations. Avoid comparing yourself to public or private school or other homeschoolers; instead, set educational goals tailored to your children’s needs. Remember, you’re not on this journey alone. Connect with fellow Texas homeschoolers for valuable information, support, and encouragement, especially during challenging moments.
Under homeschool rules in Texas, no notice is required to the state or the school district when a parent decides to withdraw their child from school to begin homeschooling. The same is true if moving into Texas from another state school – you can begin homeschooling immediately without notifying any officials. Certified teachers are also not required to legally homeschool your own children in Texas.
Maintaining Your Texas Homeschool
To maintain homeschooling in Texas, consider the following steps:
Compliance with Texas Legal Requirements: Ensure your homeschooling adheres to Texas homeschool laws, such as providing a bona fide curriculum covering required subjects like reading, spelling, math, and good citizenship. It is also advisable to cover areas such as physical education.
Withdrawal from Public School: If your child was previously enrolled in a Texas public school, officially withdraw them by notifying the school of your decision to homeschool in Texas.
Establish a Curriculum: Develop or choose a homeschool curriculum that meets Texas state requirements and aligns with your child’s educational needs and interests. Utilize various resources, including textbooks, workbooks, online programs, and educational materials.
Maintain Records: Although not required by Texas law, it’s advisable to keep records of your homeschooling activities, including attendance, grades, and samples of your child’s work.
Stay Informed: Stay updated on any changes or developments in Texas homeschooling laws and regulations by regularly checking official sources such as the Texas Agency (TEA) website.
Connect with Support Groups: Join local homeschooling support groups or organizations to connect with other homeschooling families, share resources, and seek advice and encouragement.
Evaluate and Adjust: Regularly assess your Texas homeschooling approach and your child’s academic progress. Be open to making adjustments to your homeschool curriculum, schedule, and teaching methods as needed to ensure the best educational experience for your child.
By following these steps, you will know how to homeschool in Texas and effectively maintain your homeschooling journey in Texas while providing a quality education for your child and staying compliant with Texas homeschool laws.
Texas Homeschool Reporting Requirements
Texas is one of the most homeschool-friendly states in terms of reporting requirements – simply put, there are none. The Lone Star state does not require Texas homeschoolers to submit any type of notice that they are homeschooling, attendance records, grades, test scores, or portfolios of student work. This allows parents a great deal of flexibility and autonomy in administering their child’s education.
While Texas homeschooling laws don’t mandate recordkeeping or reporting requirements, it’s prudent to maintain essential documentation of your child’s homeschooling work:
Attendance Records
Details of Textbooks and Workbooks Used
Samples of Student’s Schoolwork
Correspondence with School Officials
Portfolios and Test Results
Any Other Documents Demonstrating Compliance with Educational Requirements
Retain these records for a minimum of two years. Additionally, safeguard your student’s high school records and proof of adherence to Texas homeschooling laws indefinitely, including any notices submitted to state or local authorities.
Homeschool Testing In Texas
In Texas, homeschoolers are not required to participate in standardized tests unless they choose to do so voluntarily. However, if homeschool families opt to participate in standardized tests, they may choose from various options, including:
Texas Assessment of Knowledge and Skills (TAKS): This was previously used in Texas public schools but has been replaced by the State of Texas Assessments of Academic Readiness (STAAR). However, some homeschoolers may still choose to use TAKS as one of the standardized tests.
State of Texas Assessments of Academic Readiness (STAAR): This is the current standardized testing program used in Texas public schools. While Texas homeschoolers are not required to take STAAR tests, they can choose to participate in STAAR testing sessions administered by their local school district, usually for a fee.
College Entrance Exams (SAT and ACT): Homeschoolers often choose to take college entrance exams like the SAT or ACT as part of their preparation for post-secondary education. These exams are widely recognized and accepted by colleges and universities nationwide.
Standardized Testing Services: Some families may opt to use standardized testing services provided by private companies. These tests may include the Iowa Tests of Basic Skills (ITBS), Stanford Achievement Test (SAT), or the California Achievement Test (CAT), among others.
Ultimately, the decision to participate in standardized testing is up to the homeschooling family not Texas homeschool laws, and they have the flexibility to choose the testing option that best suits their needs and educational goals.
Funding Your Texas Homeschool
In Texas, homeschooling is primarily funded by parents or guardians themselves. Unlike public school, which receives funding from state and local government sources based on student attendance, homeschooling families are responsible for covering all educational expenses, including curriculum materials, resources, and any supplemental activities. Additionally, homeschool families also may incur costs associated with joining homeschooling associations or purchasing educational support services. There is typically no direct financial support from the state or local government for homeschooling expenses. It is important to note that you are still obligated to pay property taxes even if your children are not enrolled in public school.
Homeschooling in Texas certainly isn’t free, but the costs are often less compared to private school tuition. Many homeschoolers save money by using free online resources, borrowing materials from friends or libraries, buying used curriculum, or joining co-ops to share costs. Thriftiness and resourcefulness help make homeschooling an affordable option.
Federal Tax Breaks
Families may be eligible for certain federal tax benefits to help offset educational expenses. One option is a Coverdell Education Savings Account, which allows money to grow tax-free when used for qualified education costs. Homeschool parents might also be able to deduct a portion of mortgage interest or rent if part of the home is used regularly and exclusively for homeschooling. Finally, tax credits or deductions could be available for required books, supplies, equipment and curricula used for homeschool instruction. To learn more about these potential tax advantages, homeschooling families should review the information and resources provided by the IRS.
Texas Immunization Requirements
In Texas, immunization requirements for homeschoolers differ from those for other students either attending public or private school. Homeschooling families are not subject to the same immunization requirements mandated by the Texas Education Agency (TEA) for students enrolled in traditional educational institutions for elementary or secondary education. Instead, vaccination decisions for homeschoolers typically fall under the purview of parental authority and are not regulated by the Lone Star state in the same way as for Texas students attending public or private schools.
Therefore, while vaccination is often recommended by healthcare professionals for all children, it is not a legal requirement under Texas homeschool laws specifically for homeschoolers in Texas.
Some homeschool co-ops, extracurricular groups, or accredited homeschool programs in Texas may request vaccination records for participation. But in terms of state law, homeschoolers have a clear exemption and are not mandated to get the standard series of vaccinations.
Texas State Graduation Requirements
Homeschooling in Texas is legally recognized as a form of private schooling, as outlined in both the Texas Administrative Code and affirmed by the Supreme Court of Texas in the Leeper decision. As the administrator of the homeschool private school, parents hold the responsibility for determining when their student has fulfilled the academic requirements for high school graduation and can receive a homeschool diploma.
The Leeper decision outlines the sole legal requirements for homeschooling in Texas, emphasizing that instruction must be genuine, utilizing a visual curriculum including core subjects like reading, spelling, grammar, mathematics, and good citizenship.
Beyond these requirements of the Texas homeschool laws, parents have full discretion to establish additional homeschool graduation requirements. Texas homeschool students earn college credit through dual enrollment programs, allowing them to take college credit and make academic progress toward a degree while completing their high school education at home.
Parents should create a transcript and high school diploma for their homeschool graduates, signing both documents. Transcripts play a crucial role in documenting a student’s academic journey including higher education. Here’s what your homeschool transcripts should include:
Student’s Name and Social Security Number
School Name (if applicable)
Courses Completed
Grading Scale Utilized
Grade Received for Each Course
Grade Point for Each Semester
Cumulative Grade Point Average (GPA) at the End of Each Year and High School
Dates of Course Completion
Scores from Achievement Tests (e.g., SAT and/or ACT), Including Scores for Each Section and Cumulative Score
Graduation Date
Credits Earned and Weight Assigned to Each Credit (Number of credits may be determined by the parent)
Record of Volunteer Work
Extracurricular Activities and Awards Received
Ensure to sign your name at the bottom as the school administrator and include the date. Consider notarizing the transcript for added authenticity.
If a student desires to obtain a state-issued high school diploma, they can take a High School Equivalency Test through an official testing center. Passing the GED, HiSET, or TASC exam is equivalent to earning high school credit and a Texas high school diploma. But many homeschool graduates go on to college and careers with a parent-issued high school diploma based on homeschool graduation requirements.
Texas Homeschool Charters
The Texas Virtual School Network (VSN) is a prominent “public school at home” program widely utilized in the Lone Star state. It’s essential to distinguish this option from homeschooling. While VSN students may attend classes from home, receive parental support, and engage in local homeschool activities, they are legally considered public school students because the VSN program operates under the public school system.
However, homeschool students have the opportunity to enroll part-time in specific VSN courses while primarily homeschooling in a traditional setting. Although state law permits this “hybrid” approach, full-time enrollment in the VSN program is only open to homeschooled students who were enrolled in public school in the previous academic year.
Local Texas Homeschooling Resources
Homeschooling, while legally permitted across all 50 states, has historically encountered challenges. Fortunately, it also boasts dedicated advocates. Nearly every state benefits from one or more statewide homeschool associations, united in their mission to advance homeschooling and safeguard every parent’s right to tailor their child’s education. Given its sizable and expanding homeschool community, Texas is especially privileged to host two prominent homeschool associations.
Texas Home School Coalition (THSC): They provide legal aid for homeschooling matters, complimentary registration to their annual Texas homeschool convention, student/teacher photo ID cards, and personalized transcripts and a homeschool diploma. Additionally, their political action committee advocates for conservative positions in various spheres of politics.
Texas Home Educators (THE): They provide members with legal services, discounted access to HSLDA, free entry to THE events, merchant discounts, and access to printables, online workshops, and lesson plans. Their Resource Directory offers an extensive listing of groups, co-ops, clubs, and field trips for children.
Explore the following Texas homeschool support groups to kick-start your search for a local community:
Austin Area Homeschoolers (TX): The Austin Area Homeschoolers Facebook group is for communication among homeschool families in the Austin, Texas area (including suburbs).
Secular Homeschoolers of North Texas: A welcoming community for secular homeschoolers in North Texas, providing a platform to discuss homeschooling methods, exchange ideas, share events and field trips, curriculum recommendations, and navigate challenges and successes together.
El Paso Christian Homeschool Network: The El Paso Christian Homeschool Network exists to glorify the Lord Jesus Christ by supporting and encouraging Texas parents in raising and homeschooling their children with a focus on God-centered, Biblically-oriented education.
Hill Country Homeschool Group: Established in the early 1990s, this Christian-based organization serves as a support group dedicated to empowering home educating families in their educational journey. Governed by a volunteer Board of Directors and coordinators, the group provides encouragement and guidance to its members.
In the Lone Star State, homeschooled students thrive outside traditional school settings, with parents tailoring education plans that can include special education support when needed. As homeschooling continues to thrive nationwide, dedicated advocates work tirelessly to overcome challenges and champion the rights of Texas parents to educate their children according to their beliefs and values. With robust statewide homeschool associations leading the charge, home schools and families across the country find unwavering support in their educational journey. Remember if you are ready for homeschooling in Texas, laws are on your side!
About the Author
Heather holds a JD from New England Law | Boston and is a licensed attorney in Massachusetts. Heather is a seasoned professional with over 20 years of experience in education and the law. Currently, she is Legal Counsel and Program Manager for Homeschooling at SVHS. Previously, she served as the Director of Academic Programming and as a corporate attorney at a higher education startup. Heather’s expertise spans online learning, curriculum development, accreditation, and strategic compliance, ensuring alignment with ever-evolving legal regulations.