You don’t have to homeschool alone.

You Don’t Have to Homeschool Alone

THSC comes alongside courageous parents like you with the resources, guidance, and support you need to confidently educate your children.

THSC comes alongside courageous parents like you with the resources, guidance, and support you need to confidently educate your children.

THSC has compiled a list of the most commonly asked requirements to homeschool in Texas, just for you!

Use the drop-down menu to navigate through the questions. We believe homeschooling is one of the best educational models, and we hope you find this resource helpful.

On June 15, 1994, after a nine-year court battle, the Texas Supreme Court in TEA v. Leeper issued a 9-0 decision guaranteeing the right of Texas parents to teach their children at home without fear of prosecution.

The court held that homeschools are exempt from compulsory attendance because they are considered a type of private school. The compulsory attendance statute is currently found in Section 25.085 of the Education Code. In accordance with the Leeper decision, homeschools are exempt from the compulsory attendance statute because they are considered a type of private school under Section 25.086(a)(1) of the Texas Education Code.

According to the Leeper case, the only legal requirements to homeschool in Texas are:

  • The instruction must be bona fide (i.e., not a sham).
  • The curriculum must be in visual form (e.g., books, workbooks, video monitor).
  • The curriculum must include the five basic subjects of reading, spelling, grammar, mathematics and good citizenship.
    • Good citizenship is similar to 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. THSC provides several ways to help you meet this requirement (see resource box below).

There is no need to register or in any way contact the local school or the state government prior to homeschooling, unless your student is currently in public school (see rules for withdrawal from public school).

If your child has never been enrolled in public school, simply obtain curriculum and begin. It is also to your advantage to find a local support group to help you in this endeavor. For more help on how to get started in your homeschool (including resources by grade), visit HomeEducator.com.

Looking to homeschool your special needs student? These students thrive in homeschool environments.

Governing authorities:

Resources:

No, homeschoolers are not regulated in the same ways that traditional, accredited private schools are regulated in Texas.

Homeschools in Texas are private schools for the purpose of compulsory attendance and private schools are not regulated by the state (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). There is also no minimum amount of hours you must homeschool each day.

The school district also has no authority to approve curricula used by private schools. Read more about the differences in regulation of private schools and homeschools in Texas.

Governing authority:

You are not legally required to register with your local school district or receive their permission to homeschool, but according to Texas Education Agency (TEA) policy you must officially withdraw your child(ren) from public school if they are already enrolled by sending a letter of intent.

The date that you will begin homeschooling is now required by the TEA in order to withdraw a child from public school. It is important to make certain that your students are withdrawn before homeschooling begins and that homeschooling begins as soon as your student is withdrawn in order to avoid the public school counting your student as absent and potentially filing truancy charges.

It is important to note that you are not required to complete any requirements except to submit a valid notice of withdrawal. If the school subsequently contacts you and says you must do more (e.g., come to the school office, fill out a form, present curriculum for review), you are not required to comply.

Instead, respond by email or mail with a letter of assurance. The TEA has instructed school districts that such letters meet the guidelines of cooperation in compliance with compulsory attendance laws.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having school withdrawal issues due to misunderstandings about school enrollment criteria or a homeschool transcript or diploma? THSC offers legal assistance to help you with these! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you!

Governing authority:

Resources:

First, homeschoolers are law-abiding citizens and should not feel the need to hide during the day. If someone asks you or your child why he is not in school, simply respond that you educate at home. Be aware that if your child is in public without you and your city has a daytime curfew, you may encounter law enforcement officers who might want an explanation. If an official comes to your door:

  • Be polite and friendly. Smile. Stay calm.
  • Get his or her name and business card.
  • Ask what prompted the visit or call.
  • Tell them, “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 they leave, write down everything that occurred.
  • Call THSC Association (806-744-4441) as soon as possible to report the contact.

Do not allow the official to enter your home or to speak to your children. The only legal ways into your home are with your permission, with a search warrant, or in response to an emergency. 

If you receive a written request, respond with a letter (or email) of assurance. 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.

We love to tell people: Welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. 

Are you having problems with a school official or truancy officer due to misunderstandings about school enrollment criteria or the definition of a homeschooled student? 

THSC offers legal assistance to help you with these! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing authority:

Resource:

You may fill out the form if you wish. However, THSC does not recommend doing so. In order to cooperate with the school district’s inquiry, you are only legally required to give a letter of assurance. Many times, school forms ask for information that is not required. Also, voluntary compliance with an unlawful request can lead to the request becoming mandatory. Governing authority:

Resource:

Tell your children that in such a situation they should ask for the questioner’s identification. Rather than answering the questions, your child should refer the questioner to you (the parent or guardian) unless, of course, it is a uniformed police officer. 

To see if a curfew exists in your area, review the website of your city or county. THSC offers student ID cards for homeschool students. These cards are meant to allow homeschool students to take advantage of discounts for students. Although they are not designed for situations involving curfew laws, they might be useful if presented as an unofficial form of identification. Find out more about THSC membership benefits, including teacher and student ID cards.

We love to tell people: Welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems with curfew violations due to misunderstandings about school enrollment criteria or the definition of a homeschooled student? 

THSC offers legal assistance to help you with these! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Resources:

THSC Membership Benefits (including teacher and student ID cards)

THSC has a section completely devoted to Special Needs Homeschooling. THSC provides Advocacy and Consultations for families who have loved ones with special needs. For more information, contact us at specialneeds@thsc.org. In addition, you can find support by clicking the following links.

Resource:

THSC does not recommend that homeschool families name their homeschools. If you do, we recommend only including your last name before the word “Homeschool.” For example, “Smith Homeschool” or “Turner Homeschool” are both simple names.Because Texas homeschools are a type of private school, many families choose to name their homeschools in order to project a more official image. However, with the widespread acceptance of homeschooling over the last 30 years, projecting a more official image is no longer necessary. Today, Texas law is clearly on our side on every front. Families who homeschool in compliance with Texas law are legally protected. There is no longer a need to create an official name for your homeschool to gain extra credibility. In fact, giving your homeschool a name can cause confusion and even invite unnecessary scrutiny.Colleges and universities, career schools, large corporations, financial aid programs and virtually any other major institution categorizes applicants through automated systems. In the digital age, a school with an “official” name, but having no digital or legal footprint will quickly raise suspicion and may cause difficulty for an applicant who could have sailed through the process by listing their school as “homeschool.” This scrutiny comes in large part from a rise in “diploma mills” that masquerade as homeschools or private schools in order to perpetuate mass fraud against unsuspecting families. THSC has worked with the Texas attorney general’s office for several years to shut down these fraudulent businesses. See Section 26 for more information on diploma mills and how to avoid them.Should you choose to name your homeschool, we highly recommend not putting this name on any homeschool transcripts, homeschool diplomas, higher education applications, FAFSA financial aid applications or other official documents. These are the places where a name is likely to draw extra scrutiny.

When creating homeschool diplomas and transcripts or filling out applications for college, financial aid, or other official documents, we recommend that you simply list “Homeschool” in the name field. 

Read more about this topic in “Should I Name My Homeschool?

  • In order to be a legitimate homeschool in Texas, you must have a curriculum that teaches 5 subjects:
    • Reading
    • Spelling
    • Grammar
    • Mathematics
    • Good citizenship

    In addition, the law states that 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. See our listing of curriculum and resource providers

    There are no other rules for homeschooling in Texas.

Absolutely not! Homeschools in Texas are private schools for the purpose of compulsory attendance and private schools are not regulated by the state. The school district has no authority to approve curricula used by private schools. There is no federal or state statute that gives them this authority.

“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. THSC provides several ways to help you meet this requirement.

Resources:

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. These rules do not apply to homeschools. So, no, you do not need a certain type of curricula. There is no such thing as an accredited curriculum. There are accredited correspondence schools in which homeschool 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. An example of this type of school would be Texas Tech ISD (secular). The major benefit of enrolling in an accredited school is that if your child wants to enroll in a public school in the future, the school would accept his credits, and he should not have to undergo testing for grade placement. Enrollment in an accredited school is not necessary for college entrance. See Homeschooling Teens section in these FAQs.

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. Ask your homeschool group for assistance.

Resource:

There are several sources for transcript template kits and/or software that you can simply fill in based on your own grading records.THSC members have a transcript template as a member benefit.Transcripts should include the following information:

  • student’s name and social security number
  • school name
  • courses completed
  • grading scale used
  • grade on each course
  • grade point for each semester
  • cumulative grade point average (GPA) at the end of each year and at the end of high school
  • dates of completion
  • scores of any achievement tests (e.g., SAT and/or ACT) with the scores for each section and the cumulative score
  • graduation date
  • credits earned and weight of each credit (You can assign the number of credits you think is appropriate for each class.)
  • volunteer work
  • extracurricular activities and awards earned.

You should sign your name at the bottom as the administrator of the school and date it. You might even want to get it notarized. 

Find out more in The Complete THSC Guide to High School Transcripts (Including a Homeschool Transcript Template!).

Learn More about Keeping Homeschool Records

Resource:

The Texas Education Code requires that public schools meet 180 days per year; public school students must attend 170 days/year. This ruling applies to public schools only. Homeschools 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.

Homeschools in Texas are private schools for the purpose of compulsory attendance 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 not having to stand in line, wait for roll call, and the like.

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.

Governing Authority:

Yes, with a few exceptions, foster parents can homeschool their foster children in Texas. Section 263.0045 Family Code allows families to homeschool foster children except in three specific situations:

  1. A court order prevents education in a home setting.
  2. CPS determines and can prove to the court that education of the student at home is not best for the child.
  3. Federal law requires another form of education.

We love to tell people: Welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. 

Are you having legal issues with homeschooling your foster children due to misunderstandings about school enrollment criteria or the definition of a homeschooled student? 

THSC offers legal assistance to help you with these! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authority:

Homeschooling is very common while involved in a custody agreement. Homeschooling can also come up in custody battles. Oftentimes, according to Texas law, one parent is normally given the authority to make educational decisions in a custody agreement, and some parents do choose to homeschool even when a custody agreement is in place.

In custody agreements, homeschooling can sometimes be a source of contention, and ultimately the presiding judge has the authority to decide which parent in the custody agreement has decision making power over the child’s education.

If you are in the midst of a divorce or custody dispute, there are actions you can take to promote and protect your ability to homeschool.

To Avoid Court Proceedings

  • Work out educational decisions for your child with your former spouse rather than leave them in the hands of a judge to decide what is best.
  • Win the non-custodial parent’s support by providing homeschool success rates and related information.
  • Share curriculum options with the non-custodial parent, allowing him/her to remain a part of the educational process of your child(ren).
  • Provide to the non-custodial parent annual third-party academic testing.

When Court Proceedings Are Unavoidable

  • Find a competent family law attorney who supports homeschooling.
  • Offer expert witnesses who validate homeschooling.
  • View a listing of pro-homeschooling experts in Texas.
  • Offer character witnesses who know you and who can testify to your ability and commitment to the children and to your success in teaching them at home.
  • When a psychological evaluation is required, or the non-custodial parent’s attorneys are pursuing such evaluation, find your own pro-homeschooling psychologist to perform an evaluation for you.
  • Have a third party perform annual academic testing of your children to secure a record of academic progress.

One of the most commonly used member benefits that THSC members take advantage of is the custody consultation. This benefit allows homeschool parents that find themselves in custody disputes to consult with THSC’s Special Counsel on custody cases in order to protect their homeschool rights in custody cases that are not pre-existing.

Resources:

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.

Resources:

Yes, state law enables homeschool students who are five years old or younger with special education needs to become eligible for an evaluation for special education services as long as the parent signs a consent to have his or her child evaluated. These are considered early childhood services.

State law requires that Texas public schools are required to evaluate and determine services for a student who is considered to have special educational needs and federal funding be allocated to that student based on the student’s needs and the resources are available in the district where the student would normally attend.

Additionally, the Individuals with Disabilities and Education Act covers all the law that provides services for children age 0 to graduation, which we know can go past age 18 for students in the special education system. Early childhood services in every district cover a child until they are mandatory school age, but that is contingent upon the school year and when the student transitions from one program to the other. All children who are under the mandatory school age are eligible for services through the early childhood program, no matter if the family homeschools other children and/or plan to homeschool the child receiving services when they become school-aged.

The most common services provided that homeschool parents take advantage of are speech therapy, physical therapy, occupational therapy or reading services. These services will be recommended in the student’s Individualized Education Program (IEP) after the evaluation is conducted with the child at the parent’s consent.

The goal for these services in the homeschool student’s IEP is the same as for a student who would be attending school in the district, which is to help the child advance to the “normal” functional level of his or her peers.

THSC members also have access to a free IEP generator as a benefit of their THSC membership.

Governing Authority:

Resource:

Yes, Texas homeschoolers may take both the PSAT and Advanced Placement (AP) assessments at the school district where they would attend based on their home address. Homeschooled students are allowed the same access to PSAT and AP testing as public school students and must be charged the same fee.

Tips for College Admissions Exams Prep

Governing Authority:

Homeschoolers can participate in many extracurricular activities across the state, but the main league, University Interscholastic League (UIL), is only open to homeschool students in independent school districts where the school board of trustees has agreed to allow access. After a 20+ year fight, in 2021 during the 87th Texas Legislature, the UIL Equal Access Bill fully passed as House Bill 547, carried by homeschool dad and State Representative James Frank and sponsored in the Texas Senate by homeschool mom and State Senator Angela Paxton. In school districts that have opted to allow homeschool students to participate in UIL, the student would have to take a nationally norm referenced standardized achievement assessment in order to provide proper grade advancement for the first six weeks of competition. The family would need to have the test grader or publisher of the test submit the test scores to the school.

After these first six weeks of competition have elapsed, the student must abide by no pass – no play requirements in order to remain eligible to compete. The homeschool instructor would need to submit in writing to the school where the student is participating, assurance that the homeschool student is passing all of the classes in their homeschool curriculum.

UIL met over the summer in 2021 and drafted additional rules for how school districts must handle allowing homeschool student participation should they vote to allow it and also a process for how school districts must notify UIL of their decision to allow homeschool student participation in UIL activities in their district. 

Otherwise homeschool students must follow all of the same rules that public school students must follow in order to continue to participate in the extracurricular activities. The homeschool family is also responsible for any additional expenses that are not normally covered by UIL or the school district.

While homeschool access to UIL is still brand new in Texas, THSC has created a one-stop-shop page on our website that will answer all of your UIL questions, help you to lobby your local school district to allow homeschool students to participate in UIL, or to help you prepare if your district already allows for homeschool participation.

Additionally, the Texas Musical Educators Association (TMEA) also allows homeschool participation as long as the homeschool student enters the audition process in the same TMEA region as the student’s local ISD is assigned.

Texas 4-H also allows homeschool participation and does not require anything extra of homeschool student competitors. 

Governing Authority:

Yes, Section 513 of the National Defense Authorization Act for Fiscal Year 2020 ensures that homeschool students must have access to their local Junior Reserve Officers’ Training Corps (JROTC) program at public and private schools.

Governing Authority:

The Texas Virtual School Network (VSN) is the most commonly used “public school at home” program in the state. This “public school at home” option should not be confused with a homeschool. Although VSN students may take the classes from home, may receive substantial support from their parents, and may even participate in local homeschool activities, a VSN student is “legally” classified as a public school student for all courses in which they are enrolled in the VSN program (because the VSN program is run by the public school).However, homeschool students are able to enroll part-time in select courses through the VSN program while taking the majority of their courses in a traditional homeschool setting. Although state law allows this form of “hybrid” education, only students who were enrolled in public school the previous year are allowed to enroll in the VSN program full time.

Governing Authority:

You are qualified to claim jury duty exemption, if your homeschool child is younger than 12 years old. Section 62.106 of the Texas Government Code states that a person qualified to serve as a petit juror may establish an exemption from jury service if the person has legal custody of a child younger than 12 years of age and the person’s service on the jury requires leaving the child without adequate supervision.

However, another statute in the same chapter, Section 62.110 states, “Except as provided by this section, a court may hear any reasonable sworn excuse of a prospective juror, including any claim of an exemption or a lack of qualification, and if the excuse is considered sufficient shall release him from jury service entirely or until another day of the term, as appropriate.” This means that, the judge or court does have some discretion about whether or not they can approve or deny a request for exemption. Ultimately, we do disagree with judges’ occasional decisions to deny homeschool parents exemptions, but unfortunately, the law does give judges the ability to have discretion in this even if it means a bad decision can be made.

Governing Authority:

According to Texas Family Code Section 154.002, child support may continue beyond the age of 18 through high school graduation if the child is a full-time student pursuing a high school diploma in a private school. According to the 1994 Texas Supreme Court decision in TEA v. Leeper, homeschools were determined by the court to be a type of private school. Homeschools also clearly fall within the statutory definition of private school found in Texas Education Code 5.001(6-a).On Sep. 10, 2008, the Fifth Court of Appeals issued an opinion explaining that homeschooling fulfills the educational requirements that must be met for a family to receive child support payments and that there is no specific number of hours required to classify a homeschool student as “full time” for the purpose of receiving child support.

The Texas Attorney General’s office has also stated that homeschool students are entitled to child support benefits according to the same rules as other students.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems with your child receiving child support payments due to misunderstandings about the law and the definition of a homeschooled student? 

THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authority:

Students are eligible to continue receiving survivor Social Security benefits until graduation from high school, provided that they are enrolled full-time in primary school.According to the Code of Federal Regulations, your child(ren) are considered to be full-time students if “You are instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which you reside” and you are “carrying a subject load which is considered full-time for day students under standards and practices set by the State or other jurisdiction in which you reside.”

According to the Social Security Administration Handbook, homeschoolers are eligible to receive social security benefits through the date of graduation.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems with your child receiving child support payments due to misunderstandings about the law and the definition of a homeschooled student? THSC offers legal assistance to families experiencing difficulties with their local SSA office! Having an issue with the SSA? Let us intervene on your behalf. The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you!

Governing Authority:

Yes, according to the Texas Works Handbook for TDHS, homeschool students are eligible to receive TANF benefits. A written statement from the parent that the child homeschools is sufficient to meet the education eligibility requirement. Governing Authority:

Yes, your homeschool child may be eligible to receive VA benefits. According to the VA, in order to be eligible to receive survivor benefits as a “surviving child,” the child must be unmarried, not included in the “surviving spouse’s” compensation, under the age of 18, or under the age of 23 (if the “surviving child” is still enrolled in and attending school).Furthermore, the Code of Federal Regulations also ensures that homeschool students are also eligible for benefits through the Veteran’s Administration by including homeschools in the definition of “educational institution” within the section that defines eligible children.

This law that defines an educational institution states that “The term also includes home schools that operate in compliance with the compulsory attendance laws of the States in which they are located, whether treated as private schools or home schools under State law. The term ‘home schools’ is limited to courses of instruction for grades kindergarten through 12.”Sometimes the VA will require proof of enrollment in a public or private school in order for a homeschool child to remain eligible for benefits. In 1994, the Texas Supreme Court ruled in TEA v. Leeper that homeschooling was legal and that homeschool students were included under the same exemption from compulsory attendance statutes as private school students. While homeschools are not accredited in the state of Texas, as long as they are bona fide and include courses in reading, spelling, grammar, mathematics, and a study of good citizenship, homeschools are considered legal, unaccredited private schools. Therefore, bona fide homeschools would meet the enrollment requirement that any Texas VA office might have.

THSC offers legal assistance to families experiencing difficulties with their local VA office! Is your family having an issue with the VA? Let us intervene on your behalf. 

The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing authorities:

No. Homeschool 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.

No. The IRS says that homeschoolers are NOT educators eligible to take the $250 deduction allowed for qualified expenses paid by teachers.

Governing Authority:

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.

Governing Authority:

Although families can technically be reported to CPS for any reason, state law prevents either the removal of a child (Family Code 262.116(a)(1)) or the termination of parental rights (Family Code 161.001(c)) based on evidence that the family homeschooled. Section 15220 of the CPS Handbook also states that CPS investigations of homeschool families must be done “based on the same criteria and intake guidelines as any other CPS report.” It goes on to say, “DFPS has no authority to direct parents of a child not in substitute care to enroll a child in public school. At no time shall a caseworker direct parents who homeschool their children to discontinue that practice.”While CPS has been used as a weapon against homeschooling families in the past, updates to the law clearly prevent homeschooling from being used as a reason to remove a child. We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems with CPS due to misunderstandings about the law and the definition of a homeschooled student? THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you!

Governing Authority:

Resource:

If your family is contacted by Child Protective Services (CPS), we suggest the following:

  1. Do not let the CPS workers into your home. 

The only legal ways into your home are:

  • In emergency situations (immediate and obvious danger to life or limb).
  • With your permission.
  • With a search warrant.
    1. Stay calm. Be polite and friendly. Smile. Get the caseworker’s business card.
    2. Excuse yourself briefly and get a phone or other device to record your conversation. This recording could be used as proof should the investigation escalate. When you begin recording, state your name, the date and ask each person to give their name and title as well.

Do not allow CPS workers to interview your children.

  1. Tell CPS workers you are willing to cooperate if they will tell you what the charges are. If there are allegations of physical abuse or neglect, tell the caseworkers you will take your child(ren) to your physician who will then write a report to CPS.
  2. Stand your ground. Do not be afraid of silence.
  3. After the caseworkers leave:
    1. Write down everything that occurred
    2. Call THSC at 806-744-4441.

Resources:

In 1995, Texas parents won the right to teach driver education to their own children. Texas became the first state with mandated driver education to allow parents to teach their own children. The Texas Education Code gives homeschool parents the freedom to teach their children driver education courses.

A parent or other caregiver can provide driver education courses to a student provided that they possess a valid driver’s license and have not been convicted of certain types of offenses. 

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems obtaining a driver’s license for your student due to misunderstandings about the law and the definition of a homeschooled student? 

THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Learn More About Parent-Taught Drivers Education

Governing Authority:

A homeschool student can obtain a Texas driver’s license just like any other student. One question that often comes up is how homeschool students should complete the Verification Of Enrollment (VOE) form.

When filling out a VOE form for a homeschool student to get a driver’s license or learner’s permit:

  1. Write “Homeschool” or the name of your homeschool on the top left corner of the form and your county on the top right corner of the form.
  2. Check the first box, indicating your student is enrolled in a homeschool.
  3. Type or print the student’s name.
  4. Type or print one parent’s name and phone number in the Administrator/Designee section.
  5. Both the student and the parent must sign and date the form.
  6. The student must pass a written and vision exam. As of 2010, parents no longer have the option of choosing whether the student must take a driving test administered by DPS once he or she has completed driver education. The student must take the test.

The Department of Public Safety and the Texas Administrative Code both clearly state that homeschool students may use the VOE form when applying for a license or permit, just like other students. 

If your local DPS office won’t accept the VOE form, they should not be asking anything of your homeschool student that they do not ask of a public school student. Make sure you have followed these steps:

  • Read the Driver’s Ed Resource Options article (below)
  • Fill out the Verification of Enrollment (VOE) form (acceptable third form of proof of identity)
  • Bring a copy of the Letter from DPS confirming the acceptable forms of proof of identity

Read the most current letter from DPS regarding the VOE form for homeschoolers. 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 the name of his/her supervisor. Then give THSC a call at 806-744-4441.

Additional requirements for obtaining a drivers license apply.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems with your student obtaining a driver’s license due to misunderstandings about the law and the definition of a homeschooled student? 

THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Learn More About Getting a Driver License

Governing Authority:

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Yes. In 2001, Texas law was changed, forcing colleges to allow homeschool students to participate in dual-credit courses just like other students. The Texas Education Code ensures that public Texas colleges must allow homeschool students to participate in dual credit courses according to the “same criteria and conditions” as other students. Read our guide to dual credit here.

We love to tell people: Welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having problems enrolling your student in a dual credit program at a college due to misunderstandings about the law and the definition of a homeschooled student? THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you!

Governing Authority:

School districts set the requirements for entry into their schools. This is a local decision and 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.
In order to re-enroll homeschool students, you will need to visit the school district to fill out enrollment forms and submit all homeschool grades to the public school. The Texas Administrative Code and Texas Education Agency (TEA) policy govern how homeschoolers re-enrolling in public school should be handled. 

These policies state that homeschool students enrolling in public school should be treated the same as all students transferring from non-accredited private schools. Academic credit for classes taken during homeschooling will be awarded by reviewing the curriculum and/or homework of your student or by your student taking the proper assessment(s) to evaluate his/her level of academic proficiency.

It is important to note that the public school retains nearly complete authority over which classes a student took during homeschooling will be awarded credit when the student enrolls in public school. Although some rules apply as described above, the school has substantial discretion in this area. If you used an accredited program in your homeschool, the school would accept your student’s credits, and he or she should not have to undergo testing for grade placement.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Are you having issues enrolling in public school after homeschooling due to the school’s misunderstandings about the law and the definition of a homeschooled student? 

THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authority:

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.

According to the Leeper decision, the only legal requirements to homeschool in Texas are:

  • The instruction must be bona fide (i.e., not a sham).
  • The curriculum must be in visual form (e.g., books, workbooks, video monitor).
  • The curriculum must include the five basic subjects of reading, spelling, grammar, mathematics, and good citizenship.

As long as the student has complied with the requirements of the Leeper decisions, the parent has complete discretion regarding any additional requirements for graduation. The parents should construct a transcript and a diploma for the student and should sign his or her name on both documents. Transcript and diploma templates are available for free to THSC members.

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Many homeschool students attend homeschool co-ops or university model schools or participate in online programs. These programs are highly beneficial for many families and often allow families to construct highly personalized, “hybrid” forms of education where the student does a portion of their school at home and a portion through the co-op or other program. 

Some of these independent programs also offer official diplomas and transcripts for graduation that are certified by the program. Families who use these programs often have two different options for how to graduate their students. Either option is entirely legal:

  1. If the diploma and transcript are signed by the parent then the student will be considered to have graduated from a homeschool program because it is the parent who is certifying that the student has met the academic and legal requirements for graduation. If a family chooses this option, it means that the parent is certifying that his or her student has fulfilled the requirement of the Leeper decision outlined above.
  2. If the diploma or transcript is signed or certified by another entity or individual, or if the name or logo of another entity appears on the diploma or transcript, the student will likely be considered to have graduated from that program, not from the parent’s homeschool program. Texas Education Code Section 25.086(a)(1) exempts from the public school compulsory attendance statute any student who attends a private school that includes a course in good citizenship. A student whose graduation is certified by an independent private program that meets this requirement is in compliance with Texas law.

A student can legally graduate through either of the above methods.

Which of these two options a parent chooses is less important than that the parent is consistent. If the parent plans to fill in on official forms and legal documents that the student graduated from a homeschool program, the parent should sign both the diploma and transcript personally

If the parent plans to fill in on official forms and legal documents that the student graduated through a particular independent program other than the parent’s homeschool, then the parent should use the diploma and transcript provided by that program. 

Mixing these two options up is not illegal but it can cause unnecessary confusion for employers or other institutions. A graduate who describes themselves as having been homeschooled but who provides a transcript or diploma signed by someone other than the parent may face scepticism or confusion from the institution in question, even if the student is fully in compliance with Texas law.

In order to avoid this confusion, THSC recommends that only the parent sign both the transcript and diploma if they plan to describe their student as a homeschool student and plan to fill in on official forms and legal documents that their student was homeschooled. 

Read more about how to graduate your homeschool student.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Is your child having issues with organizations accepting his or her homeschool diploma? 

THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authorities:

Resources:

In Texas, an endorsement is an indication of one or more areas of study during high school and is typically included on the final high school transcript. Currently in Texas, these endorsements are STEM (Science, Technology, Engineering, & Mathematics), Business & Industry, Public Service, Arts, & Humanities, and Multidisciplinary Studies.

Texas law does not require that homeschool graduates have one or any endorsements on their final homeschool high school transcript upon graduation in order to be bonafide. However, the rigor of most homeschools will likely mean most homeschool students will graduate with the equivalent of one or even many of the endorsements outlined by TEA policy.

Additionally, depending on the college or university that the homeschool graduate wants to attend or their desired major or field of study in higher education, it might make sense to review the endorsement options in Texas in order to work towards one or more of them.

For any endorsements that the homeschool student has achieved by completing the required number of classes, the homeschool parent(s) instructing and administering the homeschool who signs the diploma and transcript may indicate which endorsements the student graduated with by fulfilling the course requirements.

According to the Texas Education Agency Graduation Toolkit, “Students earn an endorsement by completing four credits each in both math and science, two additional elective credits, and the curriculum requirements for the endorsement.” See the linked document below for mor info on endorsement curriculum requirements.

Regarding whether or not endorsements are required, Texas Administrative Code does not even require all public school students to graduate with endorsements.

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In 2003, Texas law was amended to clearly state that graduation from a homeschool is considered to be “equivalent to graduation from a public high school” and that homeschool students must be treated “according to the same general standards” as other students when being considered for admission to college. (Texas Education Code § 51.9241) In 2015, this law was amended to end discriminatory practices against homeschool students based on their lack of a class ranking. Homeschool students are now assigned a class rank based on their SAT/ACT scores. (Texas Education Code § 51.9241(d)) Colleges are allowed to create their own criteria for admission, provided those criteria apply the same way to homeschool students as to other students. This requirement includes any automatic admissions policies created by the college. However, in addition to any automatic admissions policies created by the college, the state of Texas requires colleges to give automatic admission to students from public school or from an accredited private school who graduate in the top 10 percent of their class. (Texas Education Code § 51.803(a)(1)), (Texas Admin. Code Title 19, § 5.5). Because homeschool graduates do not graduate from “accredited” schools, they do not have access to automatic admission under the mandatory Top 10% Rule.

Additionally, colleges are allowed (but are not required) to adopt policies granting automatic admission to students from “public or private high school(s) in this state accredited by a generally recognized accrediting organization,” who graduate in the top 25 percent of their class. (Texas Education Code § 51.804), Texas Admin. Code Title 19, § 5.5). Because homeschool graduates do not graduate from “accredited” schools, they do not have access to automatic admission under the Top 25% Rule

College Admission Tips for Homeschoolers

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Is your child having issues with colleges accepting his or her homeschool diploma or transcript? THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authority:

Resources:

The Texas Workforce Commission regulates career colleges and schools in Texas. As part of that oversight, they have outlined certain admission requirements. (Texas Admin Code Title 40, § 807.2(37).) The rules specifically provide that successful completion of homeschooling at the high school level is a sufficient credential for admission to a career college’s programs. (Texas Admin Code Title 40, § 807.192(a)(1).)We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Is your child having issues with a career college accepting his or her homeschool diploma or transcript? THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you!

Governing Authority:

According to the 2014 National Defense Authorization Act and a memorandum from the Assistant Secretary of Defense, homeschoolers are allowed to enlist in the military and cannot be required to score any higher on exams or tests than other applicants.

Homeschool graduates planning to enlist in any branch of the U.S. Military must be prepared to present a valid homeschool transcript and diploma to the recruiter. Both documents need to list the parent(s) as the administrator(s) and instructor(s) of the graduate’s homeschool education and must be signed by the administrator(s).Please note that according to U.S. military policy, homeschoolers are required to have been homeschooled for at least nine consecutive months prior to graduating as a homeschool student. The U.S. Army policy differentiates between homeschools and “independent study,” which may take place at home but award diplomas based on assessment and testing and do not involve parental instruction. Independent study programs are not considered homeschools or equivalent to high school graduation. This U.S. military policy was adopted to combat the growth of “diploma mills,” which fail to provide any actual academic instruction to the student and are not recognized as a valid form of high school graduation by many agencies, institutions or employers. We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Is your child having issues with the military accepting his or her homeschool diploma or transcript? THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authority:

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Yes (Texas Administrative Code Title 25, Section 157.33), a homeschool diploma is acceptable proof of graduation from a homeschool graduate who is a candidate for Emergency Medical Technician (EMT) certification. Homeschool graduates that are candidates for EMT certification are held to the same standards as public school graduates.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Is your child having issues with an EMT program accepting his or her homeschool diploma or transcript? THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you!

Governing Authority:

Diploma mills are individuals or entities that offer fraudulent high school diplomas to people who have not graduated from high school. They usually market their products to students who dropped out of high school, were expelled from high school or even to adults who never graduated and are looking for a second chance.

It is very common for these illegitimate operations to market themselves as legal, alternative homeschools.

Marque Learning Center defrauded as many as 100,000 students, charging each of them between $99 and $1,000 for bogus high school diplomas.

Parkview Homeschool defrauded at least 42,000 students over two decades, charging them $200-$300 for diplomas after allowing them to “complete” their high school education in as little as a day or two, often without any required coursework.

Lincoln Academy, another diploma mill exposed by the Texas attorney general with help from THSC, was shut down and ordered to pay $1.4 million in compensation to defrauded customers. They were discovered after a basset hound was put through Lincoln Academy’s required test and given an “official” diploma.

THSC received a call from one victim of a diploma mill who received his diploma by visiting the personal residence of a lady he spoke with on the phone, giving her $300, and waiting until she printed out his diploma on her home computer.

According to Texas Education Code Section 29.916, a homeschool student “means a student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent, or a person standing in parental authority, in or through the child’s home.” Diploma mills fail this definition for several reasons.

First, they typically provide no education at all. To be issued a high school “diploma” from a diploma mill, students often have to do nothing more than just pay a fee. The required fees are often several hundred dollars. After paying your fees, the diploma mill will sometimes just print out a diploma and give it to the student immediately.

Second, it is not administered through the child’s home by someone standing in parental authority. Although diploma mills have attempted to defraud families by abusing Texas’s unregulated homeschool environment, they ultimately fail the definition of homeschooling provided by the Leeper case and by the Texas Education Code.

To be clear, there are many legitimate accelerated high school programs. The key difference between a legal program and a fraudulent diploma mill is whether any education actually takes place. If the student is merely paying a fee and receiving a diploma, the program is certainly a fake. It gets more complicated when the program sets up phony tests or provides a bogus curriculum that doesn’t actually teach anything.

The bottom line is that you must not use a program which doesn’t require actual academic work and doesn’t measure academic achievement. A diploma from such a program will not get a student into college or even an entry-level job.

Because many diploma mills have been shut down or are being investigated by the attorney general of Texas, many trade schools, colleges and universities in Texas now have a list of diploma mills in their admissions departments and will flag or reject any applications that come in under those names.

As one homeschool student recently found out, even names similar to the listed names can result in rejection. Additionally, businesses and other institutions are increasingly skeptical of any official-sounding high schools that have no web presence or other verifiable credentials.

Universities must be even more cautious—they can be held liable if they don’t exercise due diligence to prevent the fraudulent use of federal student aid by students who didn’t actually qualify.

Read More About Diploma Mills and How to Avoid Them

Governing Authority:

Yes, your child is legally able to work during their home education. However, there are limitations on how many hours and what kind of jobs your child can get depending on their age. 

Texas law prohibits a child younger than 14 from being employed and places restrictions on children over the age of 14. This does not apply in several specific circumstances, such as for a child who is engaged in non-hazardous employment with the consent of his or her parent(s).

For children ages 14 or 15, state law requires that the child:

  • Can work no more than 8 hours in one day.
  • Can work no more than 48 hours in one week.
  • Cannot go to work before 5 a.m.
  • Cannot work after 10 p.m. on a day that is followed by a school day, including summer school sessions when applicable.
  • Cannot work past midnight on a day that is not followed by a school day.

Depending on the business where your child is employed, federal law may limit the number of hours worked by a child. For businesses covered by the Fair Labor Standards Act (FLSA), children:

  • May not work during school hours.
  • Can work no more than eight hours in a day or 40 hours in a week when school is not in session.
  • Can work no more than 3 three hours in a day or 18 hours in a week when school is in session.
  • Can work only between 7 a.m. and 7 p.m. during the school year. However, between June 1 and Labor Day, they may work between the hours of 7 a.m. and 9 p.m.

According to federal law, children ages 14 or 15 are not permitted to work during school hours. While homeschool hours can be very flexible, the federal statute that governs this defines school hours as the school hours set by the local public school where the minor resides while working. Therefore this will likely fluctuate by school district but will generally mean between 7 a.m.-9 a.m. until around 3 p.m.-4 p.m. are considered non-working hours.

To determine whether a business is covered under the FLSA, contact your local U.S. Department of Labor, Wage and Hour Division or visit the U.S. Department of Labor’s Reference Guide to the Fair Labor Standards Act.

Under both state and federal law, children ages 16 and older have no restrictions on the hours or days they can work, but children of all ages have restrictions on what type of employment are allowed.

We love to tell people: welcome to Texas, where people are free! However, not everyone knows that we enjoy the freedom from regulations in our homeschool. Is your student having employment difficulty due to misunderstandings about child labor laws and the definition of a homeschool student?

THSC offers legal assistance to help you! The intervention request forms are loaded in your member portal. Join today and celebrate the peace of mind from knowing that THSC is here for you! 

Governing Authority:

Homeschools are private schools for the purpose of compulsory attendance. 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 manner. Consequently, one could work and also teach his child. While this is difficult and takes some discipline, it is certainly possible and legal.

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Whether a person or entity is required to register as a day-care facility depends on several factors, such as: 
  1. The age of the children participating in the program
  2. The number of children
  3. The number of days per week and hours per day that children participate in the program
  4. Whether the program takes place inside a residence or not
  5. Whether or not the parents of the children participating in the program are regularly present on-site and/or nearby.  
  6. Whether the program is an educational program qualifying for exemption. 

Generally speaking, a program that involves parents bringing their children to a certain house on a regular basis and staying with them all or most of the time will not be subject to regulation. If the program takes place at a commercial location somewhere, not inside a residence, or if the parents are minimally present and involved in the program, it is more likely that the program could be subject to regulation. 

Even if the program is subject to regulation, it could qualify for an exemption as an educational program or a program of limited duration. To determine whether your program is subject to regulation, compare your program to this chart:

Programs Requiring Licensure or Registration

Source: 26 TAC §745.37(2)

To determine whether your program qualifies for an exemption from licensure or registration as a program of limited duration, compare your program to this chart:

Limited Duration Programs Qualifying for Exemption

Source:  26 TAC §745.117

To determine whether your program qualifies for an exemption from licensure or registration as an educational program, compare your program to this chart:

Educational Programs Qualifying for Exemption

Source:  26 TAC §745.119

In addition to meeting the exemption requirements above, if a program offers residential child care and is seeking exemption as an educational program, it must also meet the following two requirements:

  1. Parents must retain primary responsibility for financial support, health problems, or serious personal problems of the students; and
  2. The provision of residential child care must be solely for facilitating the student’s participation in the educational program and must not exist apart from the educational aspect of the facility.

Source: 26 TAC §745.125

If you believe that your program is subject to licensure or registration and you would like to apply for an exemption, you can fill and submit one of these forms

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