Homeschooling in Texas, A Viable and Available Option

Brownsville Homeschooling Group Facebook Picture

The State of Texas may be more tolerant of homeschooling than any other state in the United States.  

Then Governor George W.  Bush stated in 1995:  

“In Texas, we view home schooling as something to be respected and protected – respected for the energy and commitment of parents; protected from the interference of government. Texas does not index or monitor home school programs. We encourage parents who choose to home school, and, each year I urge my fellow Texans to recognize the dedication of home-school parents and the hard work of their children by declaring “Home Education Week.”

In June of 1994 the Texas Supreme Court affirmed the Leeper v. Arlington decision. Based on the Court’s ruling:

Texas homeschool parents do not have to contact a school district before homeschooling their children.

Texas homeschool parents are not required to allow the district to make visits to their home.

Texas homeschool parents are not required to have a teaching certification.

Texas homeschool parents are not required to have their chosen curriculum approved by the school district.

Texas homeschool graduates are protected by law from discrimination by Texas colleges.

It was not always so easy for homeschool parents in Texas.  In the early 80's over 150 homeschool families were criminally charged in the state. Child Protective Services was extremely invasive in a number of these cases.

In March 1985, attorney Shelby Sharpe, on behalf of several home school families and curriculum companies, filed a lawsuit against all the school districts in the state of Texas on behalf of all homeschoolers in Texas. In what became known as the Leeper vs. Arlington class action suit, homeschoolers asked the court to give a declaratory judgment on the question of whether or not the legislature had intended home schools to be private schools when they enacted the compulsory attendance statute in 1915. The basic question was, are home schools private schools for the purpose of compulsory attendance?

The Tarrant County District Court ruled that home schools are indeed private schools for the purpose of compulsory attendance. 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.

According to the Texas Home School Coalition Association website, a parent simply has to write an email or letter to the school principal to disenroll their child from the school district, and no longer be subject to the compulsory attendance scrutiny by the district.  In other words, they are not "absent." They have simply transferred to a private school under the supervision of their parents or parent.