Home Schooling (continued)

Is home schooling legal and constitutional?

Today all state compulsory-education laws explicitly make home schooling a valid option, or the state interprets compulsory school-attendance laws to include "attendance" at a "school" located at home. States have also liberalized requirements for the home teacher. For example, parents do not need teaching certificates, and only Michigan requires the involvement of a certified teacher. Even in Michigan, however, court decisions have restricted the scope of this requirement.

With very few exceptions, all states require families to file basic information with either the state or local education agency (SEA or LEA). Many states have additional requirements, such as the submission of a curricular plan, testing of students, or, less frequently, education or testing requirements for parents.

In the past two decades, some states have charged parents with violating compulsory-education laws. Parents have responded with lawsuits asserting a constitutional right to direct the education of their children. Some courts have stricken compulsory-education laws for being too vague or have found that more restrictive regulations exceeded the state education agency's statutory authority. Other courts have allowed prosecution of parents when their educational program does not meet state requirements.

The United States Supreme Court has not explicitly ruled on home schooling, but it did rule against compulsory school requirements in WISCONSIN V. YODER (1972), a limited decision involving the Amish. More generally, it has also upheld the right of parents to direct the education of their children.

What resources are available to home schoolers?

Other like-minded families constitute a major resource for home schoolers. Local support groups form whenever there are more than a handful of families pursuing home schooling in a particular locale. There is at least one state-level association in every state, and in some states there are a dozen or more regional associations.

Other resources include libraries, museums, colleges, extension courses, parks departments, churches, local businesses, mentors, private schools, and, in some states, public schools. Books and other educational materials are also important. Many private educational institutions offer curricular packages, books, and other materials for use in home schooling.

Several states have innovative learning options. In Alaska, teachers in Juneau work with students located all over the state, staying in touch by mail, telephone, and through occasional home visits. In California, children can enroll in an independent-study program through a public school then base their studies in the home. Washington and Iowa require public schools to enroll children on a part-time basis if they apply.

Some districts have organized education centers where families may obtain resources, find instructional support, and/or sign up for scheduled classes. Other states or districts also allow part-time enrollment, "shared schooling," "dual enrollment," or similar forms of part-time school attendance.