Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in Kansas
Alliance for the Separation of School & State
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.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Legal Issues Affecting the Homeschool Community
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
Stand for Freedom
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.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes.
Social Security's New Home School Flow Chart
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.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
Is Homeschooling Legal in Kansas?
Homeschooling is perfectly legal in the state of Kansas. Unfortunately, Kansas’s statutes do not mention homeschooling specifically, and thus some confusion exists on this issue, especially among public school officials and occasionally among local legal authorities. However, among the state's legal authorities, which includes the Kansas Attorney General, the Department of Social and Rehabilitation Services (SRS), the legal staff of the Kansas State Board of Education, and numerous district courts, the legality of homeschooling in Kansas is fairly well settled.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
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.
Looking for Another State?
Featured Resources

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The Outdoor Life of Children: The Importance of Nature Study and Outside Activities (Charlotte Mason Topics - Volume 2
The methods of Charlotte Mason are popular among homeschoolers. She includes nature study as a crucial element. This work explores the idea of the outdoors as a classroom for children, and gives tips on ways of teaching the sciences, history, literature, music, and art through the use of outdoor space. 
Not So Fast: Parenting Your Teen Through the Dangers of Driving
Most driving literature for parents focuses on how to teach a teen to drive, without explaining why teen driving is so dangerous in the first place or giving parents a plan to preempt the hazards teens face. By contrast, Not So Fast empowers and guides parents to understand the causes and situations that most often lead to teen crashes and to take specific, proactive steps—before and each time a teen driver gets behind the wheel—to counteract them. This authoritative guide tackles hot button iss...
Help for the Harried Homeschooler : A Practical Guide to Balancing Your Child's Education with the Rest of Your Life
Homeschooling moms and dads can be overwhelmed by the demands on their time. Between their children’s educational needs; their roles as spouse, parent, and more; and their own individual desires and goals, these mothers and fathers struggle to accomplish all that must be done. In Help for the Harried Homeschooler, experienced homeschooler, author, and mother of four Christine Field offers sound advice for parents who want not only to achieve homeschooling success but also to reach a balanc...
Real-Life Homeschooling: The Stories of 21 Families Who Teach Their Children at Home
The book that shows homeschooling in action! What does it really mean when parents say they homeschool their child or children? For Rhonda Barfield -- a homeschooler for the past 10 years -- the definition is as diverse as the 21 families she studies in this eye-opening book. Real-Life Homeschooling From the city to the country, apartments to split-levels, you'll enter each household and see education in action. Discover the challenges and rewards of tailoring instruction to each child's nee...
Black Children : Social, Educational, and Parental Environments
Black Children, Second Edition collects current empirical research unique to the experiences and situations of black children and their parents. As the editor emphasizes, "African American children develop a duality for their existence. To be fully functional, they must develop the skills to do well simultaneously in two different cultures, both black and non-black." This volume explores the meaning of this duality in four distinct environments: socioeconomic, parental, internal, and educational...