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Home Schooling - Requirements

Summary of the Texas Education Code
History and Legal Rights

About Graduation



Summary of the Texas Education Code

Below are portions of the Texas Education Code which deal with compulsory attendance. Home schools are exempt from compulsory attendance according to Section 25.086(a)(1) because they have been determined by the Texas courts to be private schools. Included are the portions of greatest interest to Texas home educators. The complete Texas Education Code can be found on the Internet at tlo2.tlc.state.tx.us/statutes/edtoc.html.
Sec.25.085. Compulsory School Attendance
(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 completed the academic year in which the child’s 18th birthday occurred shall attend school.

(c) On enrollment in pre-kindergarten or kindergarten, a child shall attend school.

Sec.25.086 Exemptions
(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…


History and Legal Rights

In March 1985, several home school families, curriculum suppliers, and the Home School Legal Defense Association (HSLDA) 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? In January of 1987, the class action lawsuit finally came to trial. The trial lasted for a week and a half and included expert testimony from such national figures as R. J. Rushdoony, Raymond Moore, and Sam Blumenfeld. 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. The judge concluded that: “A school-age child residing in the State of Texas who is being educated in a bona fide manner by the parents, or those standing in parental authority, in or through the child’s home using 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) 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 25.086(a)(1) of the Texas Education Code and exempt from the requirements of compulsory attendance at a public school.” The case 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. 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.2d432 (Tex. 1994)}, confirmed the lower court’s decision. As a result, the only requirements for home schooling to be legal are that (1) the instruction be bona fide (i.e. not a sham); (2) the curriculum be in visual form (e.g. books, workbooks, video monitor); and (3) the curriculum include the basic subjects of reading, spelling, grammar, mathematics, and good citizenship. Parents may obtain curriculum materials from outside sources or develop their own. They may also send their children into the home of another parent for instruction or have a tutor come into the home for all or part of the instruction. The Leeper decision recognized the right of these officials to make “reasonable inquiry” to determine whether or not a school-age child is in attendance upon a private or parochial school. Without the ability to make reasonable inquiry, school attendance officials could not carry out their duty as required by law. In 1995, The TEA gave direction to school districts on how to apply this ruling (see Texas Home School Coalition for more information www.thsc.org).




About Graduation

In Texas, home schools are private schools, and private schools in this state are not regulated. Just like other private schools, home school administrators determine what is necessary for graduation. The one thing you might want to be aware of as you are determining what is necessary for graduation is the credits that would be required for admission into the college(s) of your choice. For that information, you should check with the colleges/universities in which you are interested.

Upcoming Events


Jul 2010

Thu Jul 29 [today]
  THSC State Convention in The Woodlands

Aug 2010

Thu Aug 12
  MACHE Back-To-School Picnic