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
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.
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.
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.
Together We Stand Free
Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.
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.
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
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.
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.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
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 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 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."
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Featured Resources

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Explode The Code
Explode The Code provides a sequential, systematic approach to phonics in which students blend sounds to build vocabulary and read words, phrases, sentences, and stories. Frequent review of previously learned concepts helps increase retention. Each workbook in this series contains exercises that incorporate reading, writing, matching and copying. The consistent format of the books helps facilitate independent work. This series includes primers—Get Ready for The Code, Get Set for The Code, and Go...
The Complete Home Learning Source Book : The Essential Resource Guide for Homeschoolers, Parents, and Educators Covering Every Subject from Arithmetic to Zoology
This ambitious reference guide lives up to its name. Practically three inches thick--and we're not talking large print here--it's packed with titles, ordering information, and Web site addresses. From where to send away for a kit to make your own Chilean rain stick to how to order a set of Elizabethan costume paper dolls, the book connects families to a world of learning possibilities. Book titles, short synopses, authors' names, publishers, and years of print make up the bulk of the guide. Clas...
A Different Kind of Teacher: Solving the Crisis of American Schooling
In 1991, shortly after receiving both the New York State and New York City Teacher of the Year Awards, John Gatto resigned to begin a new career as an education reform advocate. In this collection of 16 essays, Gatto analyzes the problems of American education and suggests solutions for revitalizing the system — prescriptions that run counter to current trends.
A History of Science
A History of Science is not a textbook, but is a guide to help parents and children study science through literature. It is intended for children in elementary grades.
So You're Thinking About Homeschooling: Fifteen Families Show How You Can Do It
Confused and intimidated by the complexities of homeschooling, many sincere parents never get past the "thinking about it" stage. Now Lisa Whelchel - herself a homeschooling mother of three - introduces fifteen real families and shows how they overcome the challenges of their unique homeschooling situations. This nuts-and-bolts approach deals with common questions of time management, teaching weaknesses, and outside responsibilities, as well as children's age variations, social and sports invol...