Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in Utah
Utah Homeschool Politics
This list was design to provide a forum to Utah homeschoolers to discuss politics that effect them in one way or another.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
Legal Issues Affecting the Homeschool Community
HSLDA's Position on Tax Credits Generally
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
Homeschoolers Protected by New Utah Law
A bill shielding homeschooling parents from requirements that they meet state credential standards and give public school officials records of what they teach passed unanimously in both houses of the Utah legislature in February 2005. Senate Bill 59, sponsored by freshman Sen. Mark Madsen (R-Lehi), also prevents school boards from requiring homeschool students to take standardized tests.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
Stand for Freedom
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
Department of Child and Family Services
Your children are safest at home. It is an unhappy fact of our crumbling, anti-family society that government social services are sometimes out of control and innocent people are being accused and their children taken. Utah is particularly bad.
On Jumping Through Hoops
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
The McAllister Letter
The State Superintendent of Public Instruction, Scott Bean, asked the Utah Attorney General's Office ten questions regarding home education. An assistant to the Attorney General, John McAllister, responded by writing an informal opinion termed The McAllister Letter. This is relevant to current and prospective home schoolers in Utah because many public educators have responded as if it were law. That this informal opinion is not law is clearly stated in the last paragraph of the letter: "This advice has not been reviewed or approved by the Attorney General and does not constitute a legal opinion of the Attorney General's Office." The McAllister Letter was written on February 14, 1997 and some home schoolers have called it "The Valentine's Day Massacre Letter."
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
Summary of State Homeschool Laws - John S. McAllister
Text of the summary provided by assistant to the Attorney General, John S. McAllister, to State Superintendent of Public Instruction, Scott Bean.
Looking for Another State?
Featured Resources

As an Amazon Associate, we earn from qualifying purchases. We get commissions for purchases made through links on this site.

They're Your Kids: An Inspirational Journey from Self-Doubter to Home School Advocate
For many people, their schooling was uncomfortable, tedious, and sometimes a waste of time and energy. This book offers the idea that the public school system is tragically flawed and that we are able to do better for our own children. Sam Sorbo, mom of three and wife of actor Kevin Sorbo, took the leap into homeschooling and found the joy and success she was seeking. Included are strategies for working parents, those who are scared to take the leap, and anyone who wants the best for their child...
The Trivium: The Liberal Arts of Logic, Grammar, and Rhetoric
Opening the door for beginners who seek a thorough grounding in the first arts of human understanding, this book explains the nature of logic, grammar, and rhetoric-the three of the seven liberal arts-and how they relate to one another. In Renaissance universities, the trivium (literally, the crossing of three part way) formed the essence of the liberal arts curriculum. Examined are topics such as the nature and function of language, distinguishing general grammar from special grammar, the study...
Parenting With Grace: Catholic Parent's Guide to Raising Almost Perfect Kids
Gary Popcak and his wife Lisa show that God offers every Catholic parent guidance and the opportunity to take a truly Catholic approach to parenthood. In this book, they discuss parenting strategies, phases children go through, the essential differences between discipline and punishment, and more. 
Catholic Homeschool Companion
Here’s your one-stop resource for information, insight, and inspiration about every aspect of educating your children at home — written by those who understand it best: homeschooling parents themselves! Would you like to teach science or phonics better? Introduce your child to Latin, piano, or great works of art? Try new classroom approaches that other parents find effective? In these pages, you’ll find helpful essays from more than forty veteran homeschooling parents to help you do all this and...
Field Trips: Bug Hunting, Animal Tracking, Bird-watching, Shore Walking
With Jim Arnosky as your guide, an ordinary hike becomes an eye-opening experience. He'll help you spot a hawk soaring far overhead and note the details of a dragonfly up close. Study the black-and-white drawings -- based on his own field research -- and you'll discover if those tracks in the brush were made by a deer or a fox.In his celebrated style, this author, artist, and naturalist enthusiastically shares a wealth of tips. Jim Arnosky wants you to enjoy watching wildlife. He carefully expla...