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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. The HEP Bookstore
can help you with this.
Although you are not legally required to
contact the school district, chances are very high that you will
receive a visit from an attendance officer if you simply remove your
child. Therefore, once you have a curriculum in hand,
write the principal of the school
your child attends and tell him that you are withdrawing your child
to teach him at home. Send the letter certified mail 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.
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. 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.e can The HEP Bookstore can help you with this. 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.
3.
What is
the required curriculum?
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.
4.
Does the
school district have to approve my curriculum?
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.
5.
What is
"a study of good citizenship"?
"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.
6.
Do I need
accredited curriculum? If so, where can I get it?
Actually, schools are accredited not curricula. To be accredited,
a school must meet certain standards such as holding classes a
minimum number of days and hours and having certified teachers.
There are accredited correspondence schools in which the student 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. Being
enrolled in an accredited school is not legally necessary to home
school.
7.
Do I need
to register with the local school district?
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.
8.
What if a
school district official calls or a truant officer comes to the
door?
Be
polite and friendly. Smile. Stay calm.
Get his name and business card.
Ask what prompted his visit or call.
Tell him, "My children are privately educated at home."
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."
Repeat the above statements as often as necessary. Do not be afraid
of silence.
After he leaves, write down everything that occurred.
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. 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.
9.
What if
the school district wants me to fill out a form?
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.
10.
May my
child participate in classes at the public school?
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.
11.
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.
12.
What
happens if my child wants to enroll in public school?
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.
13.
How many
days per year must we have school?
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.
14.
How many
hours a day must we conduct school?
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.
15.
What is
the compulsory school age requirement?
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.
16.
What
about testing my child?
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.
17.
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.
18.
What if I
work?
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.
19.
May
someone else homeschool my child?
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.
20.
What is
required for graduation?
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.
21.
How can
my child receive a diploma?
When a student meets the requirements set by his school for
graduation (See question #20.), he may receive a diploma. Diplomas
may be ordered from HEP Bookstore.
22.
Can my
home educated students get into college?
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.
23.
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.
24.
Can our
family continue to receive public assistance if we homeschool?
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.
25.
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).
26.
Can my
child receive Social Security benefits while homeschooling?
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.
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.
27.
Can home
schoolers take advantage of Education Savings Accounts?
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.
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