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What
is the law in Texas regarding home schooling?
The THSC website explains
what the Texas Education code says regarding home schooling.
What
must be taught in Texas Home Schools?
On April
13, 1987, presiding Judge Charles J. Murray issued a decision (binding
on all 1,100 school districts) which was a complete vindication
of the rights of parents to educate their children at home in the
state of Texas. The judge concluded that, "A
school-aged child residing in the State of Texas who is being educated
in a bona fide manner by the parents, or those standing in parental
authority, in or through the child's home using a curriculum, consisting
of books, workbooks, other written materials, including that which
appears on an electronic screen or either a computer or video tape
monitor, or any combination of the preceding from either:
- a private
or parochial school which exists apart from the child's home or
- which
has been developed or obtained from any source, said curriculum
designed to meet basic education goals of reading, spelling, grammar,
mathematics and a study of good citizenship, is in attendance upon
a private or parochial school within the meaning of Section 25.086(a)(1)
of the Texas Education Code and exempt from the requirements of
compulsory attendance at a public school.
The only requirements
for home schooling to be legal in Texas are
- the instruction
be bona fide (i.e. not a sham);
- the curriculum
be in visual form (e.g. books, workbooks, video monitor); and
- the curriculum
include the basic subjects of reading, spelling, grammar, mathematics,
and a study in good citizenship.
Parents
may obtain curriculum materials from outside sources or develop
their own. They may also send their children into the home
of another parent for instruction or have a tutor come into their
home for all or part of the instruction.
(quoted
from "Home Schooling in Texas: A History Lesson" by
Tim
Lambert in the "THSC Handbook for Texas Home Schoolers")
On
Compulsory Attendance
See the link at
www.thsc.org/about_us/texlaws.asp Below are portions of the Texas Education Code which deal with compulsory
attendance.
Texas Education Code Excerpt
Home schools are exempt from compulsory attendance according to
Section 25.086 (a)(1) because they have
been determined by the Texas courts to be private schools. Included
are the portions of greatest interest to Texas home educators. The
complete Texas Education Code can be found on the Internet at www.capitol.state.tx.us/statutes/ed.toc.htm
.
Sec. 25.085. Compulsory School Attendance.
(a) A child who is required to attend school under this section
shall attend school each school day for the entire period the program
of instruction is provided.
(b) Unless specifically exempted by Section 25.086, a child who
is at least six years of age, or who is younger than six years of
age and has previously been enrolled in first grade, and who has
not completed the academic year in which the child's 18th birthday
occurred shall attend school.
(c) On enrollment in pre-kindergarten or kindergarten, a child shall
attend school.
Sec. 25.086. Exemptions.
(a) A child is exempt from the requirements of compulsory school
attendance if the child: 
(1) attends a private or parochial school
that includes in its course a study of good citizenship...
(5) is at least 17 years of age and:
(A) is attending a course of instruction to prepare for the high
school equivalency examination; or
(B) has received a high school diploma or high school equivalency
certificate...
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