GETTING STARTED
1. I have decided to homeschool. What do I need to do? My child is enrolled in public school.
The first thing you need to do is obtain a curriculum. It is wise to find a local support group to help you set up your school.
Although you are not legally required to register with the school district or receive their permission to home school, you should withdraw your child(ren) from the public school. Failure to do so, could result in school officials filing charges of thwarting compulsory attendance or failure to attend school against you and/or your child(ren). Therefore, once you have a curriculum in hand, write the principal of the school your child attends (or will be attending if you are writing while school is not in session) and tell him that you are withdrawing your child from his school in order to teach him at home. Send the letter certified mail return receipt requested to receive proof of delivery. If the school subsequently contacts you and says that you must do more (come to the central office, fill out a form, etc.), do not go to the school. Follow the directives on this link.
The Texas Education Agency has told the school districts in Texas that such a letter meets the guidelines of cooperation with the school district in compliance with the compulsory attendance laws. (See the commissioner’s letter.) Unless the school district has evidence that your letter of assurance is not true, this should be the end of your contact with the school district over withdrawal. Click here for more information on getting started.
2. I have decided to homeschool. What do I need to do? My child is NOT enrolled in public school.
There is no need to contact the school district if your child is not enrolled in the public schools. Simply obtain curriculum and get started. It is wise to find a local support group to help you in this endeavor. If the school contacts you and says that you must do more (come to the central office, fill out a form, etc.), do not go to the school. Follow the directives on this link. You will find more information for new homeschoolers on THCS's helps for homeschooling page.
3. How do I get started home schooling my child(ren)?
Check out the THSC's Getting Started section for more information and their helps for homeschooling page for many informative articles.
4. What do I need to know to home school my special needs child?
You will find several articles on home schooling special needs children on the THSC website. THSC would also encourage you to visit the website of Texas' Special Kids, an organization which helps Texas home schooling families with children with special needs. They give emotional support for the family raising a special needs child/children, curriculum advice and support, advice on how to navigate the ocean of social service agencies, consultation with individual families through email, and more. Copy and paste the following links into your browser:
Texas' Special Kids Main Resource Site
http://txspecialkids.wordpress.com
Frequently Asked Questions
http://txspecialkids.files.wordpress.com/2009/10/tsk-faqs2.doc
Curriculum Recommendations
http://txspecialkids.files.wordpress.com/2007/11/tsk-curriculum-recommendations.pdf
Resources for Parents
http://txspecialkids.wordpress.com/tsk-information
You will also find information on home schooling special needs children at http://www.nathhan.com.
CURRICULUM
1. What is the required curriculum? Where do I find it? In order to be a legitimate home school, you must have a curriculum which teaches reading, spelling, grammar, mathematics and a study of good citizenship, and you must pursue that curriculum in a bona fide (not a sham) manner. This curriculum may be obtained from any source and can consist of books, workbooks, other written materials, or materials on an electronic monitor including computer or video screens, or any combination thereof.
2. Does the school district have to approve my curriculum?
Absolutely not! Home schools in Texas are private schools, and private schools are not regulated by the state. The school district has no authority to approve curricula used by private schools.
3. What is "a study of good citizenship"?
"Good citizenship" is usually taken to mean civics. Public schools teach one semester of civics, usually in the senior year of high school. Teaching U.S. and Texas history, government (theoretical and practical), the pledge of allegiance, and similar activities will also help meet this requirement.
4. Do I need accredited curriculum? If so, where can I get it?
Actually, schools are accredited– not curricula. To be accredited, a school must meet certain standards, such as holding classes the same number of days and hours as are required of public schools, employing certified teachers, etc. There are accredited correspondence schools in which students can enroll. In these cases, teachers from the schools make the assignments and grade the work. These programs tend to be more expensive, because the school is doing more of the work. Examples of such schools would be Alpha Omega Academy (Christian), Texas Tech ISD (secular).
Being enrolled in an accredited school is not legally necessary to home school. (See answer #1 above.) The major benefit of enrolling in an accredited school is that if your child wants to enroll in a public school, the school would accept his credits, and he should not have to undergo testing for grade placement.
Some erroneously believe that enrollment in an accredited school is necessary for college entrance.
SCHOOL DISTRICT
1. Do I need to register with the local school district?
No. Home schools in Texas are private schools and are not regulated by the state. Private schools do not have to register their students with the local school district. If your children are currently enrolled in public schools, you should follow the procedure outlined in question #1. NOTE: Home-school families are not required to present an annual letter of assurance. (See the commissioner’s letter.)
2. What if a school district official calls or a truant officer comes to the door?
Be polite and friendly. Smile. Stay calm.
Get his name and business card.
Ask what prompted his visit or call.
Tell him, "My children are privately educated at home."
Answer other questions with, "I will be glad to cooperate as far as the law requires, but you will need to give me your request in writing."
Repeat the above statements as often as necessary. Do not be afraid of silence.
After he leaves, write down everything that occurred.
Call THSC Association, (806) 744-4441, as soon as possible to report the contact.
Do not allow him to enter your home or to speak to your children. The only legal ways into your home are with your permission or a search warrant. If you receive a written request, respond with a letter of assurance. (See sample.) If you do not respond to a written request in a timely manner, the school district can file truancy charges against you for lack of cooperation.
3. What if the school district wants me to fill out a form?
You may fill out the form if you wish. However, THSC does not recommend following this procedure. In order to cooperate with the school district's inquiry, you are only required to give the assurance letter mentioned above. Many times, forms ask for information that is not required and you may not want to give. Also, voluntary compliance with an unlawful request can often lead to the request becoming mandatory.
4. May my child participate in classes at the public school? A local public school could allow your child to participate in classes. The policy on this matter is established by the locally elected school board.
5. May my child participate in extracurricular activities at the public school?
At this time, a local public school could allow your child to play in the band or other such activities. The policy on this matter is established by the locally elected school board. However, the student would not be allowed to participate in events sponsored by the University Interscholastic League (UIL) such as athletic competitions or band and choir contests, because of a UIL rule requiring all participants to be full-time students enrolled in public schools.
6. What happens if we want to enroll our child in the public school?
School districts set the requirements for entry into their schools. This is a local decision-not one made by the state of Texas. You should ask the local school district for written copies of its policy regarding enrolling students from unaccredited private schools. (Click here for the letter from the commissioner of education to school districts.)
REQUIREMENTS
1. How many days per year must we have school?
The Texas Education Code requires that public schools meet 180 days per year; public school students must attend 170 days/year. This applies to public schools only. Home schools in Texas are private schools, and the state of Texas does not regulate the number of days per year that private schools must be in session or the number of days a student must attend.
2. How many hours a day must we conduct school?
Home schools in Texas are private schools and are not regulated by the state. No minimum hours are required. You will probably find that your student can accomplish more work in a shorter period of time than a public school child if for no other reason than because of not having to stand in line, wait for roll call, and the like.
3. What is the compulsory school age requirement? A child who is age six as of September 1 of the current school year and who has not yet reached his 18th birthday must attend school through the year in which he turns 18 unless he has graduated. (See Texas Education Code.)
4. What about testing my child? Although the state of Texas does not require testing of private school students, many parents give their children annual tests using nationally-normed achievement tests.
5. May my child go out in public during the day? What if someone questions him about why he is not in school?
Home schools in Texas are private schools. Home-school parents are law-abiding citizens and should not feel the need to hide their children during the day. If someone asks you or your child why he is not in school, you should respond that you educate at home and that you have already accomplished your work for the day or that you are on a school field trip. You should be aware that if your children are seen during public school hours, it may generate questions. If your child is in public without you and your city has a daytime curfew, you will probably encounter difficulties.
6. What if I work?
Remember that home schools are private schools and there is no requirement for hours or the time when education must take place. The only requirement is that a written curriculum covering the basic areas must be pursued in a bona fide (not a sham) manner. Consequently, one could work and teach his child as well. While this is difficult and takes some discipline, it is certainly possible and legal.
7. May someone else homeschool my child?
Yes. Home schools in Texas have been determined by the Texas Supreme Court to be private schools. (See Law in Texas) Private schools are not regulated by the state of Texas. There are no requirements such as teacher certification or curriculum approval. The ruling of the Leeper case states that a parent "or one standing in parental authority" may educate a child. However, if a person is teaching more than three students outside her family, the teacher may encounter problems with local zoning ordinances, and the state will require that the teacher be licensed for child care.
HOMESCHOOLING TEENS
1. What is required for graduation?
Home schools in Texas are private schools and not regulated by the state; therefore home schools, just as with other private schools, set their own graduation standards. There is no minimum age requirement for graduation. The recommended credits for graduation in the state of Texas can be found here: Texas Recommendations for Graduation . For a more detailed description of the recommended courses you can click here: Chapter 74 Curriculum requirements
2. How can my child receive a diploma?
When a student meets the requirements set by his school for graduation (See requirements #3), he may receive a diploma. Diplomas may be ordered from the Texas Home School Coalition Association and other sources.
3. Can my home educated students get into college?
There is no reason that a student with a diploma from a home school in Texas could not go to college. Some colleges and universities are more friendly toward home schoolers than others, so some will be easier to work with.
In Texas, state colleges are required to accept a home school graduate's diploma and transcript and to treat a home school graduate just as they would any other applicant. Home school graduates are accepted at most colleges and universities around the nation, and even recruited by many. (Click here for more information.)
4. How does my student obtain a driver license?
The steps you need to follow to teach your child to drive are found on our website in the Obtaining a Driver License article. All the forms you need to present to the DPS are linked in the article, as well as a letter from the DPS verifying that the same forms of ID required of a public school student must also be accepted from a home school student.
5. My local DPS office tells me they won't accept the VOE from me.
DPS should not be asking anything of a home school student that they do not ask of a public school student. THSC has information on their website that will help you:
Article on obtaining a driver license
Verification of Enrollment (VOE) form (acceptable third form of proof of identity)
Letter from DPS confirming the acceptable forms of proof of identity
Read the above article to make sure that you follow the correct procedure at the DPS office. When you go back to your local DPS office, take your completed VOE form with you as well as a copy of the DPS letter. If the DPS office still will not accept this information, make sure you get the name of the person that you are dealing with and his/her supervisor. Then give us a call, and we will help you know what to do.
6. What do I do to provide a transcript for my child?
There are several different sources for transcript kits and/or software that you can fill in based on your records. I have included contact information below:
School of Tomorrow, http://www.schooloftomorrow.com or (800) 925-7777
Basic Christian Education, http://www.basicchristianeducation.com or (937) 548-1155
*Education Plus, http://www.edplus.com or (864) 609-5411
(* THSC Assn. members receive a discount on Transcript Pro software from Education Plus.
If you want to produce a transcript without a kit, you just need to include the following information:
Student's name and social security number, school name, courses completed, grading scale used, grades on each course, grade point for each semester, cumulative grade point at the end of each year and at the end of high school, dates of completion, scores of any achievement test (SAT and/or ACT, etc., with the scores for each section of the test as well as the cumulative score), date of graduation, credits earned and weight of each credit (you can assign the number of credits you think is appropriate for each class), volunteer work, extra-curricular activities, awards earned. You will need to sign your name at the bottom as the administrator of the school and date it, too. You might even want to get it notarized.
TAXES/GOVERNMENT BENEFITS
1. Since my children do not attend public school, do we get a tax break on our school property tax?
Home school families, like all families in Texas who own property, must pay local property taxes. Property owners who have no children are also required by law to pay property taxes to support public schools, in spite of the fact that they do not take advantage of the programs offered by the public schools.
2. Can our family continue to receive public assistance if we homeschool?
The Texas Department of Human Services (TDHS) offers limited benefits to families requiring public assistance. In the past, home educated students and home educated minor parents have been denied benefits because of their home school status. The Texas Department of Human Services has no legal basis for denying applicants solely because they choose to homeschool.
Within the Texas Works Handbook, the operations manual for TDHS, under section 1600-A, 1610 Eligibility Requirements, the agency clearly states, “A child or teen parent who is homeschooled is attending school. Accept the parent’s statement that the child attends school at home.”
If you have trouble claiming benefits from state or federal agencies because of your home school status, you may call the THSC Association at (806) 744-4441.
3. Are home schoolers eligible to receive the IRS deduction allowed for qualified educational expenses? The Internal Revenue Service says that home schoolers are NOT educators eligible to take the $250 deduction allowed for qualified expenses paid by teachers. For more information see page 29 of the 2005 Form 1040 Instructions Booklet (with instructions for Schedules A, B, C, D, E, F, J and SE, as well).
4. Can my child receive Social Security benefits while homeschooling?
In recent years, there has been some question as to the eligibility of children involved in home education to receive child’s benefits under the Social Security Code. Families choosing to homeschool their children should have no fears concerning their ability to receive benefits under the current law. These families are completely protected under §404.367 of the Social Security Code.
This section states, “You may be eligible for child’s benefits if you are a full-time elementary or secondary school student.” The code then institutes qualifications as to who can be considered a full-time elementary or secondary student, stating that one has to “attend a school which provides elementary or secondary education as determined under the law of the state or other jurisdiction in which it is located.” Home school children are said to be in compliance with this regulation if they (a)(1) “… are instructed in elementary or secondary education at home in accordance with the home school law of the State or other jurisdiction in which [they] reside.” Furthermore, home school students must carry (b) “… a subject load which is considered full-time for day students under standards and practices set by the State or other jurisdiction in which [they] reside.” (The full text of §404.367 is available on-line at www.ssa.gov/OP_Home/cfr20/404/404-0367.htm.)
According to Social Security Administration Policy RS 00205.275, student benefits are payable if: the student is a full time student; the state in which the home school is located recognizes home schools as an educational institution; the home school is in compliance with state requirements for home schools; and the student meets all other requirements for benefits. This policy goes on to say, “The child’s home school instructor must submit evidence that state requirements for home schooling are met. The home schooling instructor is the certifying school official for FTA purposes on Form SSA-1372, Student’s Statement Regarding School Attendance.” (Form can be found at www.ssa.gov/online/ssa-1372.pdf.)
The state of Texas recognizes home schools as private schools and the only requirement for them is to pursue a curriculum that meets the basic educational goals of reading, spelling, grammar, mathematics and a study of good citizenship. For Texas students, evidence of complying with state law would simply be a list of the courses being taught. (Click here for a legal opinion by counsel to the SSA concerning Texas State Law Requirements for Home Schooling.)
If you have trouble claiming benefits from state or federal agencies because of your home school status, you may call the THSC Association at (806) 744-4441.
5. Can home schoolers take advantage of Education Savings Accounts? Education Savings Accounts (ESAs) have been established by the federal government to be much like an Individual Retirement Account (IRA). These accounts may be established, and up to $2,000 per year may be contributed to the account by family members as a non-tax deductible contribution. The proceeds and interest accrued in these accounts may then be used for educational expenses like tuition, books, and supplies for not only higher education (college) needs but also elementary and secondary education needs as well. In states like Texas that view home schools as private schools, ESAs may be used for students in home schools as well as traditional public or private schools. For more information, see IRS Publication 970, page 40, or go to www.irs.gov/pub/irs-pdf/p970.pdf.
PROBLEM SITUATIONS
1. What do I do if a CPS (Child Protective Services) worker comes to my door? Record any conversation or interview with CPS, using audio or video recording devices.
THSC recommends this to ensure that you can later prove what was said and by whom.
When you begin recording,state your name and the date and ask each person involved to give their name and title as well.
Stay calm. Be polite and friendly (but firm).Do not allow them to enter your home or to speak to your children. (The only legal ways into your home are in an emergency situation (immediate and obvious danger to life or limb) or with your permission or a search warrant.) Get the name and business card of the worker. Ask what prompted the visit. Tell him that you will not discuss the allegations with him until you have contacted your attorney or THSC Association. Repeat the above statement as often as necessary. Do not be afraid of silence. After he leaves, write down everything and call THSC Association at (806)744-4441 or your attorney. Also, you will find some helpful articles with more information on dealing with Child Protective Services on our website.
THSC continues to sponsor Continuing Legal Education Seminars (CLE) in which attorneys are trained by expert attorneys who extensive experience in defending families from CPS. THSC will be glad to make this list of attorneys available to any family who is faced with a CPS investigation. THSC members are eligible for pro bono representation by an attorney who has received training from THSC CLEs.
2. What about custody and homeschooling?
THSC suggests that you read the article on our website written by our president, Tim Lambert, on homeschooling and child custody. This article explains Texas law and the steps a homeschooling parent can follow to approach the issue of custody problems in the most effective way possible.
3. What should my children do if accosted for violating curfew laws during the day?
THSC would encourage you to tell your children that in such a situation they should ask for identification of the person who is asking such questions. Rather than answering their questions, the questioner should be referred to the parents of the child, unless of course, it is a uniformed police officer. Some cities have a daytime curfew. To check on such a curfew in your area, review the website of your city or county. THSC has begun to offer student ID cards for home school students. These are to allow home school students to take advantage of discounts for students. Although they are not designed for such situations, they might be useful presented as an unofficial form of identification. Find out more about THSC membership benefits, including teacher and student ID cards.
4. I am being required to provide proof of home schooling in order to receive public assistance.
The Texas Department of Human Services (TDHS) offers limited benefits to families requiring public assistance. In the past, home educated students and home educated minor parents have been denied benefits because of their home school status. The Texas Department of Human Services has no legal basis for denying applicants solely because they choose to homeschool.
Within the Texas Works Handbook, the operations manual for TDHS, under section 1600-A, 1610 Eligibility Requirements (http://www.dads.state.tx.us/handbooks/TexasWorks/A/1600/1610.htm), the agency clearly states, “A child or teen parent who is homeschooled is attending school. Accept the parent’s statement that the child attends school at home.”
If you have trouble claiming benefits from state or federal agencies because of your home school status, you may call the THSC Association at (806) 744-4441.
5. Will my child still get Social Security benefits if we home school?
You will find an article that answers this question on the THSC website. This article explains the law and has links to Social Security Administration Policy as well as the forms you need to present with your application.
JURY DUTY
1. Am I exempt from jury duty because I am a home school teacher? Yes, if your child is younger than 15 years old.
In 2009 HB 319 amended Section 62.106 of the Texas Government Code and corrected a discrepancy in the law that allowed a person with legal custody of a child to be charged with abandonment or endangerment of a child younger than 15 years of age but did not allow a person to claim an exemption from jury service unless the child was less than 10 years of age. For those with children under 15 years old, balancing the time demands of jury service with the management of their child’s care can be challenging, especially for single parents, parents with low household incomes and parents who teach their children at home. These parents no longer have to risk charges of child abandonment simply for performing a civic duty. (This measure goes into effect September 1, 2009.)