The state again appealed, and in June of 1994, the Texas Supreme Court, in a unanimous 9-0 decision {Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994)}, confirmed the lower court’s decision. This is the text of that decision.
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
Department of Public Safety Letter concerning requirements of their identification policy and proof of enrollment for home schoolers.
The Leeper verdict was appealed by the state, and on November 23, 1991, the Court of Appeals, Second District, upheld the lower court’s ruling completely and without changes. This is the text of the appeals court ruling in this case. The original lower court ruling was upheld, affirming that students who are legitimately being educated at home are exempt from compulsory attendance laws.
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Texas. Includes a link to a legal analysis of laws relating to homeschooling in Texas.
Although it hasn't been tested in court, as far as this mother is concerned for her family unschooling is perfectly legal in the state of Texas. Here's how she sees unschooling fits the Leeper decision for her and her family.
Letter from Commissioner Cockerell of Texas Department of Family and Protective Services clarifying that CPS does not consider home schooling as a risk factor in determining the safety of a child.
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
A short and enthusiastic explanation of the laws pertaining to home education in Texas.
Includes a home school information cover letter, the Commissioner's April 20, 2004, Home School Policy Letter, and the text of the Texas Education Code governing operation of schools and School Attendance.
Homeschool Watch is an email list where articles, incidents, and current legislation impacting homeschoolers can be posted and practically discussed. The list purpose is to efficiently inform, network and support the efforts of homeschoolers across the nation to keep homeschooling free. This is intended to be a list for homeschoolers actively working on legislative issues and not a theoretical debate society.
Letter from Commissioner Neeley to Senator Barrientos Neeley / Barrientos Letter clarifying her position that it is not the state’s responsibility to regulate home schools.
(a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided. (b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school. (c) On enrollment in prekindergarten or kindergarten, a child shall attend school. (d) Unless specifically exempted by Section 25.086...
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Texas Department of Family and Protective Services memo to all CPS staff regarding lack of CPS authority over home schooling
This is a list of tips for effective lobbying. Includes ways to lobby, things you can do now, and how to connect with other lobbyists.
This is the text of the final judgement of the case of Leeper v. Arlington ISD. The conclusion in this case was that "a school-age child residing the the state of Texas who is pursuing under the direction of a parent or parents or one standing in parental authority in or through the child's home in a bona fide (good faith, not a sham or subterfuge) manner a curriculum consisting of books, workbooks, or written materials including that which appears on an electronic screen of either a computer or video tape monitor, or any combination of the preceding from (1) either one of a private or parochial school which exists apart from the child home or (2) which has been developed or obtained from any source, said curriculum designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship, is in attendance upon a private or parochial school within the meaning of Section 21.033 (a) (1) of the Texas Education Code and exempt from the requirements of compulsory attendance at a public school . . ." This case also affirmed that standardized test scores are not required in order for ther to be compliance with the law.
One responsibility of THSC is not only to protect the established laws that safeguard the right to home school in Texas—and ultimately the right of all parents to direct the care, custody, and education of their children—but it is also to fight for new laws that expand the freedoms of parents in this great state.
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
Tim Lambert respond to the series of articles on home schooling by the Akron Beacon Journal.
This list of ten questions touches on political issues that affect and are important to homeschoolers. It includes tips on how to frame questions and how to elicit a candidate's opinion on a variety of issues.
A look at the battle for the homeschooling movement and the demographics of homeschooling families that challenges the notion that all homeschoolers are conservative fundamentalists. This article is a critical look at the HSLDA.
The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or governmental actions that unreasonably infringe the rights of parents to raise and educate their children according to their own values are constitutionally suspect. The Rutherford Institute responds to over one thousand requests for assistance annually from parents whose rights were placed in jeopardy.
You've made the decision to homeschool, so what's next? This article includes some friendly, non-legal advice concerning what to do and what not to do when beginning to homeschool in Texas.
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
Texas Department of Family and Protective Services letter confirming that a CPS workers have no jurisdiction in home education, truancy or compulsory school attendance matters.
The Cato Institute was founded in 1977 by Edward H. Crane. It is a non-profit public policy research foundation headquartered in Washington, D.C. The Cato Institute seeks to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets and peace. Toward that goal, the Institute strives to achieve greater involvement of the intelligent, concerned lay public in questions of policy and the proper role of government.
This list is an opportunity for homeschoolers involved in custody issues to contact other homeschoolers for information about homeschooling attorneys and experts, as well as exchange ideas and information about handling custody disputes as a result of homeschooling.
Virtual charter schools are popping up all over the country, providing free computers, textbooks and educational materials to any family who would like to enroll in their program. Jennifer James takes a hard look at how these schools are detrimental to black homeschoolers.
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
(a) A child is exempt from the requirements of compulsory school attendance if the child: (1) attends a private or parochial school that includes in its course a study of good citizenship; ... (5) is at least 17 years of age and: (A) is attending a course of instruction to prepare for the high school equivalency examination, ... or (B) has received a high school diploma or high school equivalency certificate...
Some Texas homeschoolers are being given false information by some school districts. This is the Texas Home School Coalition's response from August 15, 1997.
The Association of HomeSchool Attorneys (AHSA) provides a list of attorneys who consult with and/or represent homeschoolers.
In March 1985, attorney Shelby Sharpe, on behalf of several home school families and curriculum suppliers, filed a lawsuit against all the school districts in Texas on behalf of all home educators in Texas. In what became known as the Leeper vs. Arlington class action suit (Leeper v. Arlington I.S.D. No. 17-88761-85), home educators asked the court to give a declaratory judgment on the question of whether or not the legislature had intended home schools to be private schools when they enacted the compulsory attendance statute in 1915. The basic question was, are home schools private schools? The Tarrant County District Court ruled that home schools are indeed private schools. On April 13, 1987, presiding Judge Charles J. Murray issued a decision (binding on all 1,100 school districts) which was a complete vindication of the rights of parents to educate their children at home in the State of Texas.
This is a letter from Jim Nelson of the Texas Education Agency concerning the dual enrollment of home school students wishing to utilize special education services. It discusses changes implemented as a result of the reauthorization of the Individuals with Disabilities Education Act (IDEA).
Questions and answers concerning the legal requirements for homeschooling in Texas provided by the Texas Home School Coalition Association.
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
Jim Nelson, Commissioner of Education, provides some general information with respect to the Texas Education Agency's position on home schooled students.
The North Texas Home Educators’ Network (NTHEN) provides services and support to homeschool families and homeschool support groups in north and northeast Texas. Their goal is to ensure homeschool leaders and parents have the proper tools and resources to create an enriching education experience for every homeschool student. NTHEN is the largest regional homeschool organization in Texas, serving local support group leaders in more than 80 counties and from more than 160 support groups throughout north and northeast Texas.
These attorneys have indicated that they are willing to provide legal information, consult with or represent homeschoolers on homeschooling or other legal issues they may have in their states. Most of these attorneys homeschool or have homeschooled their own children.
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.