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Frequently Asked Questions –
The Legal Stuff
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WHAT IS MY LEGAL STANDING AS A HOME SCHOOL PARENT IN TEXAS? |
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Leeper and the law today (from Albert Hollan, LAF member and lawyer) |
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“The parents of school-age children in Texas need only home school "in a bona fide manner" (not a sham or subterfuge), have a curriculum "consisting of books, workbooks, other written materials, including that which appears on a computer screen or video tape monitor, . . . developed or obtained from any source", and the curriculum must be "designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship." |
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That’s it. |
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If Texans follow the recipe above, they are exempt from mandatory attendance in the public schools, and are in effect, operating a private school for their own children. But who determines whether a parent is operating a home school in a bona fide manner? This is where the Supreme Court of Texas left homeschoolers dangling. The Leeper decision did not preclude the Texas Education Agency from suggesting to local school district attendance officers "lawful methods to ascertain if there is compliance" with the mandate that a home education be pursued in a "bona fide manner." |
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Therefore, school district attendance officers can make inquiry about curricula and the results of standardized tests. The Leeper decision indicates that the use of standardized tests is one indication that the home school is proceeding in a "bona fide manner", but Leeper prohibits the TEA or the local school district from requiring home schooled children to take standardized tests to determine whether or not the home education is being pursued in a "bona fide manner". |
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Homeschoolers should reasonably cooperate with any reasonable inquiry from an attendance officer; however, once an attendance officer determines that you have a curriculum "consisting of books, workbooks, other written materials, including that which appears on a computer screen or video tape monitor, . . . developed or obtained from any source", and the curriculum is "designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship", that should be the end of the inquiry. |
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Section 25.093 of the Texas Education Code requires that a school attendance officer warn the parent in writing that attendance is immediately required. This written warning should give homeschoolers ample opportunity to seek assistance should a school district attempt a prosecution. |
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There is no current effort at the state level to thwart homeschoolers. If one requests homeschooling information from the Texas Education Agency, you will receive aletter that acknowledges Leeper and its holding that a home schooled child pursuing a curriculum designed to meet basic education goals is attending a private school.” |
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Leeper |
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IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that a school-age child residing in 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, other 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 either (1) of a private or parochial school which exists apart from the child's 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. |
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YOU ARE NOT ALONE…. |
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HOW MANY FAMILIES HOME SCHOOL…HOW MANY CHILDREN?
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Did you know that the number of children who are involved in home schooling grew to 1.1 million in 2003 nearly a 30% increase since 1999? (National Center for Education Statistics, Department of Education) Since other states, like Texas, keep no record of their home school population, these figures are potentially much understated. In fact the report from the National Center for Education Statistics, includes a disclaimer on the validity of the numbers. |
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Since there are estimates of 40,000 children home schooled in Texas alone, (http://learninfreedom.org/homeschool_growth.html) it is easy to see why the numbers from the Department of Education may well fall short of the real totals. We do know from data collected that approximately 2.2 percent of the school age population is being home schooled…and that the number is growing exponentially. |
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WHY DO PEOPLE HOME SCHOOL? |
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From the same source, Department of Education information provides this information on the reasons choosing home schooling. (Data is from 2003) |
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“Thirty-one percent of homeschoolers had parents who said the most important reason for homeschooling was concern about the environment of other schools Thirty percent said the most important reason was to provide religious or moral instruction. The next reason was given about half as often; 16 percent of home schooled students had parents who said dissatisfaction with the academic instruction available at other schools was their most important reason for homeschooling.” |
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