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 school unless they were enrolled in another school. During this era, homeschooling in Texas generally fell under the umbrella of private education. However, beginning in 1981, the Texas Education Agency adopted the position that homeschooling was not equivalent to private schooling, 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 v. Arlington Independent School District.
In 1994, the Texas Supreme Court sided with the homeschooling parents in the Leeper case. The court’s ruling established that homeschooling is a form of private education, rooted in historical treatment and consistent with existing statutes. Thus, Leeper became the cornerstone precedent shaping homeschooling laws in Texas.
Texas later became the first state with mandated driver education to allow parents to teach their own children, beginning in 1997. In 2007, the Texas Home School Coalition (THSC) successfully facilitated the passage of a law enabling homeschool students to take the PSAT, ensuring their eligibility for National Merit Scholarships and related opportunities. This law expanded academic access but did not alter the Leeper precedent that defines homeschooling as private schooling.
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 created new opportunities for homeschoolers but left intact the legal foundation established in Leeper.
Current Texas Laws and Regulations
Under Texas law, homeschooling is considered a form of private education. The Texas Education Agency states that Texas law does not require parents to register, seek approval, or be monitored when homeschooling. It is the responsibility of the homeschool parent to direct the education and upbringing of their children. As a result, there are no registration, licensing, certified teacher qualification, instruction time, or curriculum approval 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, including public safety, physical education, science, 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, though it is not subject to the same regulations that apply to other 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, though membership is voluntary.
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.
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
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, grammar, math, and good citizenship. Homeschools are considered private schools by the courts, exempt from regulation and compulsory attendance laws, and do not require certified teachers.
Step 2: Choose a Curriculum
Texas law requires that homeschool instruction use a visual curriculum. This can include textbooks, workbooks, online programs, or other written and visual resources, as long as the instruction is bona fide. Operating your Texas homeschool in a bona fide manner is crucial to remain compliant, signifying authenticity and sincerity in your educational approach. This underscores the importance of implementing a structured and substantive curriculum to facilitate effective learning experiences for your child.
Step 3: Withdraw from Public School
If your child is currently enrolled in a Texas public school, you must formally withdraw them to avoid truancy concerns. The simplest way is to send the school a withdrawal letter or email stating that you are choosing to homeschool. No approval from the district or the Texas Education Agency (TEA) is required. If you are moving into Texas or your child is not enrolled in public school, you may begin homeschooling immediately without notifying any officials.
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 schools 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.
Maintaining Your Texas Homeschool
To maintain homeschooling in Texas, consider the following best practices:
- Compliance with Legal Requirements: Provide bona fide instruction with a visual curriculum covering reading, spelling, grammar, math, and good citizenship.
- Withdrawal from Public School: If your child was previously enrolled in a Texas public school, keep a copy of your withdrawal letter for your records.
- Establish a Curriculum: Choose resources that fit your child’s needs and learning style—whether textbooks, workbooks, online programs, or other educational materials.
- Maintain Records (optional): While not required by Texas law, many parents keep records of attendance, grades, and samples of work for future use (such as college applications or transfers).
- Stay Informed: Stay updated on Texas homeschool law by following reputable sources and organizations.
- Connect with Support Groups: Join local or statewide homeschooling groups for resources, advice, and encouragement.
- Evaluate and Adjust: Regularly assess your approach and your child’s academic progress, making adjustments as needed to ensure the best educational experience.
By following these steps, you’ll understand how to homeschool in Texas while staying compliant with state law and providing a quality education for your child.
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. If families opt to use standardized testing, they may choose from various options, including:
College Entrance Exams (SAT and ACT): Homeschoolers often 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: Many families use nationally normed tests offered by private companies. These may include the Iowa Tests of Basic Skills (ITBS), Stanford Achievement Test (SAT), or the California Achievement Test (CAT), among others.
Other Assessments: Some homeschool curricula or co-ops provide their own assessments or diagnostic tests, which families may use to measure progress.
Texas public school assessments such as the STAAR are not required for homeschoolers and are not available to them unless a student re-enrolls in public school (at which point the school may administer STAAR or another placement test).
Ultimately, the decision to participate in standardized testing is up to the homeschooling family, not Texas law, and families 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 supplemental activities. Families may also incur costs associated with joining homeschooling associations, co-ops, or purchasing educational support services. Texas does not provide vouchers, tax credits, or direct financial assistance for homeschooling expenses. It is also 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 lower 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 students attending public or private schools. The Texas Department of State Health Services requires immunizations for enrollment in traditional educational institutions, but these requirements do not extend to homeschooled students. For families who homeschool, vaccination decisions fall under parental authority and are not regulated by the state in the same way as for students enrolled in public or private schools.
Therefore, while healthcare professionals often recommend vaccination for all children, it is not a legal requirement under Texas homeschool law.
Some homeschool co-ops, extracurricular groups, or accredited homeschool programs in Texas may request vaccination records for participation. However, under state law, homeschoolers are not mandated to follow the school-entry immunization requirements.
Texas State Graduation Requirements
Homeschooling in Texas is legally recognized as a form of private schooling, as affirmed by the Supreme Court of Texas in the Leeper decision. As the administrator of the homeschool, 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 that covers core subjects such as reading, spelling, grammar, mathematics, and good citizenship.
Beyond these requirements, parents have full discretion to establish additional homeschool graduation requirements. Many Texas homeschool students also earn college credit through dual enrollment programs, allowing them to take college-level classes while completing their high school education at home.
Parents should create both a transcript and a high school diploma for their homeschool graduates, signing both documents. A transcript documents a student’s academic journey and is especially important for higher education and employment. While there is no legally required format in Texas, a homeschool transcript often includes:
Student’s name
School name (if used)
Courses completed
Grading scale utilized
Grades received for each course
Credits earned and credit weighting (determined by the parent)
Cumulative grade point average (GPA)
Dates of course completion
Graduation date
Extracurricular activities, volunteer work, awards (optional)
Test scores (SAT/ACT or others, optional)
Ensure to sign your name at the bottom as the school administrator and include the date. Some families choose to have the transcript notarized for added formality, though this is optional.
If a student desires to obtain a state-issued credential, they can take a High School Equivalency Test (GED, HiSET, or TASC) through an official testing center. Passing one of these tests earns a Texas Certificate of High School Equivalency, which is legally recognized as equivalent to a high school diploma. However, many homeschool graduates go on to college and careers with a parent-issued homeschool diploma based on the family’s chosen 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.