THSC Home Schooling FAQ's

1. I have decided to homeschool. What do I need to do? My child is enrolled in public school.

The first thing you need to do is obtain a curriculum. It is wise to find a local support group to help you set up your school.

Although you are not legally required to register with the school district or receive their permission to home school, you should withdraw your child(ren) from the public school. Failure to do so, could result in school officials filing charges of thwarting compulsory attendance or failure to attend school against you and/or your child(ren). Therefore, once you have a curriculum in hand, write the principal of the school your child attends (or will be attending if you are writing while school is not in session) and tell him that you are withdrawing your child from his school in order to teach him at home. Send the letter certified mail return receipt requested to receive proof of delivery. If the school subsequently contacts you and says that you must do more (come to the central office, fill out a form, etc.), do not go to the school. Follow the directives on this link.

The Texas Education Agency has told the school districts in Texas that such a letter meets the guidelines of cooperation with the school district in compliance with the compulsory attendance laws. (See the commissioner’s letter.) Unless the school district has evidence that your letter of assurance is not true, this should be the end of your contact with the school district over withdrawal.

2. I have decided to homeschool. What do I need to do? My child is NOT enrolled in public school.

There is no need to contact the school district if your child is not enrolled in the public schools. Simply obtain curriculum and get started. It is wise to find a local support group to help you in this endeavor. If the school contacts you and says that you must do more (come to the central office, fill out a form, etc.), do not go to the school. Follow the directives on this link.

In order to be a legitimate home school, you must have a curriculum which teaches reading, spelling, grammar, mathematics and a study of good citizenship, and 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.

Absolutely not! Home schools in Texas are private schools, and private schools are not regulated by the state. The school district has no authority to approve curricula used by private schools.

"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.

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. There are accredited correspondence schools in which 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. Examples of such schools would be Alpha Omega Academy (Christian), Texas Tech ISD (secular).

Being enrolled in an accredited school is not legally necessary to home school. (See answer #3 above.) The major benefit of enrolling in an accredited school is that if your child wants to enroll in a public school, the school would accept his credits, and he should not have to undergo testing for grade placement.

Some erroneously believe that enrollment in an accredited school is necessary for college entrance. (See answer #23 below.)

No. Home schools in Texas are private schools and are not regulated by the state. Private schools do not have to register their students with the local school district. If your children are currently enrolled in public schools, you should follow the procedure outlined in question #1. NOTE: Home-school families are not required to present an annual letter of assurance. (See the commissioner’s letter.)

9. What if a school district official calls or a truant officer comes to the door?

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."

Call THSC Association, (806) 744-4441, as soon as possible to report the contact.

Do not allow him to enter your home or to speak to your children. The only legal ways into your home are with your permission or a search warrant. If you receive a written request, respond with a letter of assurance. (See sample.) 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.

You may fill out the form if you wish. However, THSC does not recommend following this procedure. In order to cooperate with the school district's inquiry, you are only required to give the assurance letter mentioned above. Many times, forms ask for information that is not required and you may not want to give. Also, voluntary compliance with an unlawful request can often lead to the request becoming mandatory.

A local public school could allow your child to participate in classes. The policy on this matter is established by the locally elected school board.

12. May my child participate in extracurricular activities at the public school?

At this time, a local public school could allow your child to play in the band or other such activities. The policy on this matter is established by the locally elected school board. However, the student would not be allowed to participate in events sponsored by the University Interscholastic League (UIL) such as athletic competitions or band and choir contests, because of a UIL rule requiring all participants to be full-time students enrolled in public schools.

School districts set the requirements for entry into their schools. This is a local decision-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. (Click here for the letter from the commissioner of education to school districts.)

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

Home schools in Texas are private schools 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 because of 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. (See Texas Education Code.)

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.

18. May my child go out in public during the day? What if someone questions him about why he is not in school?

Home schools in Texas are private schools. Home-school parents are law-abiding citizens and should not feel the need to hide their children during the day. If someone asks you or your child why he is not in school, you should respond that you educate at home and that you have already accomplished your work for the day or that you are on a school field trip. You should be aware that if your children are seen during public school hours, it may generate questions. If your child is in public without you and your city has a daytime curfew, you will probably encounter difficulties.

Remember that home schools are private schools and 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 (not a sham) manner. Consequently, one could work and teach his child as well. While this is difficult and takes some discipline, it is certainly possible and legal.

Yes. Home schools in Texas have been determined by the Texas Supreme Court to be private schools. Private schools are not regulated by the state of Texas. There are no requirements such as teacher certification or curriculum approval. 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.

Home schools in Texas are private schools and not regulated by the state; therefore home schools, just as with other private schools, set their own graduation standards. There is no minimum age requirement for graduation.

There is no reason that a student with a diploma from a home school in Texas could not go to college. Some colleges and universities are more friendly toward home schoolers than others, so some will be easier to work with.

In Texas, state colleges are required to accept a home school graduate's diploma and transcript and to treat a home school graduate just as they would any other applicant. Home school graduates are accepted at most colleges and universities around the nation, and even recruited by many. (Click here for more information.)

24. Since my children do not attend public school, do we get a tax break on our school property tax?

Home school 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, in spite of the fact that they do not take advantage of the programs offered by the public schools.

The Texas Department of Human Services (TDHS) offers limited benefits to families requiring public assistance. In the past, home educated students and home educated minor parents have been denied benefits because of their home school status. The Texas Department of Human Services has no legal basis for denying applicants solely because they choose to homeschool.

Within the Texas Works Handbook, the operations manual for TDHS, under section 1600-A, 1610 Eligibility Requirements, the agency clearly states, “A child or teen parent who is homeschooled is attending school. Accept the parent’s statement that the child attends school at home.”

If you have trouble claiming benefits from state or federal agencies because of your home school status, you may call the THSC Association at (806) 744-4441.

26. Are home schoolers eligible to receive the IRS deduction allowed for qualified educational expenses?

The Internal Revenue Service says that home schoolers are NOT educators eligible to take the $250 deduction allowed for qualified expenses paid by teachers. For more information see page 29 of the 2005 Form 1040 Instructions Booklet (with instructions for Schedules A, B, C, D, E, F, J and SE, as well).

In recent years, there has been some question as to the eligibility of children involved in home education to receive child’s benefits under the Social Security Code. Families choosing to homeschool their children should have no fears concerning their ability to receive benefits under the current law. These families are completely protected under §404.367 of the Social Security Code.

This section states, “You may be eligible for child’s benefits if you are a full-time elementary or secondary school student.” The code then institutes qualifications as to who can be considered a full-time elementary or secondary student, stating that one has to “attend a school which provides elementary or secondary education as determined under the law of the state or other jurisdiction in which it is located.” Home school children are said to be in compliance with this regulation if they (a)(1) “… are instructed in elementary or secondary education at home in accordance with the home school law of the State or other jurisdiction in which [they] reside.” Furthermore, home school students must carry (b) “… a subject load which is considered full-time for day students under standards and practices set by the State or other jurisdiction in which [they] reside.” (The full text of §404.367 is available on-line at www.ssa.gov/OP_Home/cfr20/404/404-0367.htm.)

According to Social Security Administration Policy RS 00205.275, student benefits are payable if: the student is a full time student; the state in which the home school is located recognizes home schools as an educational institution; the home school is in compliance with state requirements for home schools; and the student meets all other requirements for benefits. This policy goes on to say, “The child’s home school instructor must submit evidence that state requirements for home schooling are met. The home schooling instructor is the certifying school official for FTA purposes on Form SSA-1372, Student’s Statement Regarding School Attendance.” (Form can be found at www.ssa.gov/online/ssa-1372.pdf.)

The state of Texas recognizes home schools as private schools and the only requirement for them is to pursue a curriculum that meets the basic educational goals of reading, spelling, grammar, mathematics and a study of good citizenship. For Texas students, evidence of complying with state law would simply be a list of the courses being taught. (Click here for a legal opinion by counsel to the SSA concerning Texas State Law Requirements for Home Schooling.)

If you have trouble claiming benefits from state or federal agencies because of your home school status, you may call the THSC Association at (806) 744-4441.

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 for not only higher education (college) needs but also elementary and secondary education needs as well. In states like Texas that view home schools as private schools, ESAs may be used for students in home schools as well as traditional public or private schools. For more information, see IRS Publication 970, page 40, or go to www.irs.gov/pub/irs-pdf/p970.pdf.

26. Are home schoolers eligible to receive the IRS deduction allowed for qualified educational expenses?

If you have trouble claiming benefits from state or federal agencies because of your home school status, you may call the THSC Association at (806) 744-4441.

29. What do I do if a CPS (Child Protective Services) worker comes to my door?

Stay calm. Be polite and friendly (but firm).Do not allow them to enter your home or to speak to your children. (The only legal ways into your home are in an emergency situation (immediate and obvious danger to life or limb) or with your permission or a search warrant.) Get the name and business card of the worker. Ask what prompted the visit. Tell him that you will not discuss the allegations with him until you have contacted your attorney or THSC Association. Repeat the above statement as often as necessary. Do not be afraid of silence. After he leaves, write down everything and call THSC Association at (806)744-4441 or your attorney. Also, you will find some helpful articles with more information on dealing with Child Protective Services on our website at www.thsc.org/Getting_Started/CPS.asp.

THSC continues to sponsor Continuing Legal Education Seminars (CLE) in which attorneys are trained by expert attorneys who extensive experience in defending families from CPS. We will be glad to make this list of attorneys available to any family who is faced with a CPS investigation. THSC members are eligible for pro bono representation by an attorney who has received training from THSC CLEs.

30. Am I exempt from jury duty because I am a home school teacher?

Yes, if your child is younger than 15 years old.

In 2009 HB 319 amended Section 62.106 of the Texas Government Code and corrected a discrepancy in the law that allowed a person with legal custody of a child to be charged with abandonment or endangerment of a child younger than 15 years of age but did not allow a person to claim an exemption from jury service unless the child was less than 10 years of age. For those with children under 15 years old, balancing the time demands of jury service with the management of their child’s care can be challenging, especially for single parents, parents with low household incomes and parents who teach their children at home. These parents no longer have to risk charges of child abandonment simply for performing a civic duty. (This measure goes into effect September 1, 2009.)