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 Virginia
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.
VHEA-announce
List intended to distribute the Virginia Home Education Association's free biweekly updates, in order to disseminate legislative and other time sensitive information. This list is announcement only. VHEA's Legislative Reports report on legislative matters that could affect homeschooling, offering information on pending legislation.
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
The Religious Exemption: Past, Present, and Future
Virginia offers a unique option to families who have religious objections to complying with the compulsory attendance statutes: the religious exemption. Explore the history of this exemption and consider the possibility of it being under threat today.
Should You Homeschool Another Person's Child?
Imagine this situation: You are happily homeschooling your children. Your sister-in-law has said many times that she would love to be able to homeschool her children too, if only she and her husband didn’t have to work full-time. She wonders if perhaps you wouldn’t mind including her children in your family’s homeschooling. She would file the Notice of Intent with the local superintendent, but you would do the actual instruction in your home. You tell her you’d be happy to—the more the merrier! But—is it legal? Can you, under Virginia state law, homeschool a child who is not your own?
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.
Home Education Tax Credit? No, Thanks!
Before supporting a home education tax credit, we homeschoolers need to fully understand the legislation and its potential to benefit or harm us.
When the School Division Asks Too Much
Explains how some homeschoolers have empowered themselves and effectively handled requests for tables of contents of books or other items that are beyond the legal requirement in Virginia.
Battling for the Heart and Soul of Home-Schoolers
A look at the battle for the homeschooling movement and the demographics of homeschooling families that challenges the notion that all homeschoolers are conservative fundamentalists. This article is a critical look at the HSLDA.
Homeschooling and Child Abuse: No Connection
Recent news stories have highlighted several isolated cases of child abuse and presented them as indicative of problems in the homeschooling community, because they happened within families who claimed to be educating their children at home. Some of these reports have suggested that federal or state regulations requiring background checks and monitoring of homeschooling families would minimize such cases of child abuse. However, there is no need for intrusive regulation of the homeschooling community. Child abuse is a societal issue that occurs in all education settings.
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.
Answering the CPS (Child Protective Services) Questions
Transcript of a talk given by Edwin Schuster of the Virginia Child Protective Services about the relationship between homeschoolers and CPS. The text is presented in question and answer format. Includes the rights that families have when contacted by CPS.
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.
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.
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
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 New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
Evidence of Progress
Will Shaw answers the question, "What happens if the local school division rejects the test, results of the test, or the portfolio?"
Social Security's New Home School Flow Chart
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
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.
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.
Featured Resources

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A Charlotte Mason Companion: Personal Reflections on the Gentle Art of Learning
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H. A. Guerber's Histories
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