Frequently Asked Questions

There are likely two reasons that homeschool co-ops are exempt from orders that prohibit people from meeting in person during the COVID-19 pandemic.

According to Texas law, homeschool co-ops and groups are exempt from “…any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility…” This would likely include most or all orders restricting or banning people meeting together.

Additionally, in the case of past local ordinances of this type, homeschool co-ops and groups that are religiously oriented were exempt from all local orders seeking to restrict in-person instruction by schools. 

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There are likely two reasons that homeschool co-ops are exempt from mask mandates in Texas. According to Texas law, homeschools are exempt from “…any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility…” This would likely include most or all state mask mandates.

Families are not required to wear masks at home while homeschooling. However, Texas mandated mask orders don’t generally affect homeschool co-ops and groups. In the past, these types of orders state, “Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public…”

Homeschool co-ops or groups that meet in a private home would be exempt from the mask order.

In the past, these types of orders have also exempted “Any person who is actively providing or obtaining access to religious worship, but wearing a face covering is strongly encouraged.” Some co-ops could be exempt from the future similar mask orders if they are religiously oriented and actively engaged in religious worship.

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No, Texas does not have any legal requirements for what a homeschool co-op or group must look like in order to be considered bonafide. Most homeschool co-ops and groups will fall into the state’s statutory definition of a “learning pod,” and as such will be offered those protections.

Texas defines learning pods as “a group of children who, based on the voluntary association of the children’s parents, meet together at various times and places to participate in or enhance

the children’s primary or secondary academic studies, including participation in an activity or service provided to the children in exchange for payment.” This definition would include co-ops.

THSC offers partnership to homeschool groups all over the state. Benefits of this include being featured on THSC’s website, being searchable on THSC’s find a group page, and also access to the THSC Leader Guide which will help you start and structure a new or existing co-op or group.

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No, under Texas law, homeschool co-ops are not regulated or overseen by the government. Furthermore, the regulatory authority of education in Texas, the Texas Education Agency states on their website regarding homeschooling, “The TEA does not regulate, index, monitor, approve, register, or accredit the programs available to parents who choose to home school.”

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No, Texas does not have any legal requirements for what a homeschool co-op or group must teach or what curriculum they must use. As a private educational organization, you get to decide what type of curriculum you collectively want to use to teach homeschooled students that attend the group.

According to Texas law, homeschool co-ops and groups are exempt from “…any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility…” This would include state requirements on curriculum as they often require that public schools teach very specific curriculum.

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Homeschoolers are legally classified as a type of private school under the Texas Education Code and the Supreme Court of Texas Leeper decision. The parent, as the administrator of the homeschool private school, is responsible for determining when his or her student has met the academic requirements for graduation. There is no minimum age requirement for graduation.

While homeschool co-ops often present homeschool high school diplomas at their graduation ceremonies, families are responsible to oversee education, determine a child’s progress, select curriculum and issue a child’s transcript and diploma. Families can use other sources to teach like co-ops, but those sources do not circumvent the role of overseeing the education.

Because of this, THSC recommends that homeschool co-op and group personal or administrators not sign homeschool diplomas even if they do graduate at a homeschool co-op or group graduation event.

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No, under Texas law, homeschool co-ops do not have to get licensed as a daycare or childcare provider. According to Texas law, homeschool co-ops and groups are exempt from “…any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility…”

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Because Texas law considers homeschools to be a type of private school (Texas Education Code 5.001(6-a)), U.S. federal statute allows for Coverdell accounts to be used for certain homeschool expenses for Texas homeschool students. (U.S. Code Title 26, § 530(b)(3)(A-B). 

These expenses could include tuition and fees for certain programs, academic tutoring, special needs services, books, supplies, and equipment, including computer technology or services. Receipts and/or invoices should be saved in the event that the IRS audits your Coverdell account expenses. 

The laws are not clear on whether homeschoolers can take advantage of using 529 accounts to help pay for certain, limited homeschooling expenses. The only qualified K-12 expense under 529 accounts is tuition (U.S. Code Title 26, § 529(c)(7)). Although a family may be able to pay for tuition expenses at a homeschool co-op, the law is not clear on the subject. However, in 2017, lawmakers removed homeschoolers and homeschool expenses specifically from a bill that gave more freedom to 529 account holders, indicating an intent that homeschoolers not be included, even for homeschool co-op tuition expenses.

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 not only for higher education (college) needs, but also elementary and secondary education needs as well. In states like Texas that view homeschools as private schools, ESAs may be used for students in homeschools as well as traditional public or private schools. For more information, see IRS Publication 970, page 40.

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While you are not required by any state laws to have a board of directors or establish any kind of corporation, we do recommend that you do both of these as best practices.

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According to Texas law, homeschool co-ops and groups are exempt from “…any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility…” This would include laws and policies requiring that school years and days be a certain length.

The public schools are required to have 180 days of school, while homeschoolers may wish to conduct schooling year-round. There is no specific number of days required, because the schooling is conducted at the student’s pace of learning. One can do as much school as desired. 

Homeschool students often follow the published curriculum recommendation of work per week. This keeps them on track to complete their quota for that subject for that year. Be aware that an extreme number of exceptions to their schedule will hinder them from meeting their educational goals for that year.

You will likely find that the number of hours of actual teaching will be very different from the standard 8 a.m.-3 p.m. public school hours. The important goal is not the time spent doing school, but completing the work required in each subject. It may take 45 minutes for math, but an hour and 30 minutes for history. 

Although there are no state requirements on the number of days or hours a student must attend class, families will find that homeschooling requires a major time commitment on the part of the parents.

It is possible in homeschooling to catch up if needed or even to move ahead. Because of this homeschool co-ops and groups can really decide how many days their school years are or how long their school days are.

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According to Texas law, homeschool co-ops and groups are exempt from “…any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility…” This would include any testing requirements or laws imposed on public school districts, so homeschool co-ops would not have to offer these.

However, the majority of all-inclusive curriculum programs come with the quizzes and tests for the students to take at the appropriate time. It is not required for high school students to take a test to graduate, but it is wise to complete the PSAT, SAT or ACT for college admissions or other opportunities.

Standardized testing, such as the Iowa, Stanford and California Achievement Tests are often offered by homeschool groups. These tests, which are administered by certified individuals, score and compare the student on a national scoring level. These tests are beneficial in evaluating a student’s progress and education level.

While it is not legally mandatory according to Texas law, they can be taken periodically if a family desires. If a family does take this kind of test, it is not required for them to register it with any institution or organization. 

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The short answer is yes, juvenile curfew ordinances can sometimes affect homeschoolers, especially going to or from homeschool co-op or group meetings during school hours. It is important to abide by any local or city ordinances of curfew that may apply to your homeschooled high school student. 

Many cities have daytime curfews from 8 a.m. to 3 p.m. This gives police the authority to stop any young person unaccompanied by an adult or parent, and question the student as to why he or she is not in school. 

The parent, as the school official, may give the student permission to be out and about for activities such as library research, co-op, tutor class attendance or sport events. If the student is stopped, he or she will need to inform the officer that he or she is homeschooled and has parental permission to be out at that time.

The officer will call to verify the fact with the parent. The parent will be required to know the exact whereabouts of the child or will be fined. We suggest the student carry a student ID card, which can be acquired from THSC in case the officer cannot contact the parent. The student can then present the card if the officer is intent on taking the student for violation of curfew.

The student would be held in custody and released to the school official (parent). He or she would then be required to go to juvenile court to be fined for being in violation of the daytime curfew. Students that are homeschooled and carry a THSC Student ID are usually considered okay by the police and are not detained.

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