As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.

Find the laws pertaining to home education for all 50 states and U.S. territories.

Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.

Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.

(a) This subpart recognizes the existence of public schools, private schools, and home study programs as educational entities.
(b) As used in this subpart, the term "private school" means an institution meeting the following criteria or requirements:
(1) The primary purpose of the institution is to provide education or, if the primary purpose of the institution is religious in nature, the institution shall provide the basic academic educational program specified in paragraph (4) of this subsection;
(2) The institution is privately controlled and operates on a continuing basis;
(3) The institution provides instruction each 12 months for the equivalent of 180 school days of education with each school day consisting of at least four and one-half school hours;
(4) The institution provides a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science;
(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-5-22; and
(6) Any building used by the institution for private school purposes meets all health and safety standards established under state law and local ordinances.
(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements:
(1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the Department of Education, which shall provide for written or electronic submittal of such declaration of intent;
(2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, or pursuant to the subpoena of a court of competent jurisdiction;
(3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children;
(4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science;
(5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph;
(6) The parent or guardian shall have the authority to execute any document required by law, rule, regulation, or policy to evidence the enrollment of a child in a home study program, the student's full-time or part-time status, the student's grades, or any other required educational information. This shall include, but not be limited to, documents for purposes of verification of attendance by the Department of Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-5-22, documents required pursuant to Chapter 2 of Title 39 relating to employment of minors, and any documents required to apply for the receipt of state or federal public assistance;
(7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and
(8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years.
(d) Any person who operates a private school without complying with the requirements of subsection (b) of this Code section or any person who operates a home study program without complying with the requirements of subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00.
(e) The State Board of Education shall devise, adopt, and make available to local school superintendents, who shall in turn make available to administrators of private schools and parents or guardians with children in home study programs, such printed forms and procedures as may be reasonably necessary to carry out efficiently the reporting provisions of this Code section, but such printed forms and procedures shall not be inconsistent with or exceed the requirements of this Code section.

Pacific Justice Institute is a non-profit legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI provides free representation to parents who are unlawfully denied the right to homeschool their children. PJI also provides legal counsel to those parents wishing to homeschool, but do not know their legal options or obligations.

The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or governmental actions that unreasonably infringe the rights of parents to raise and educate their children according to their own values are constitutionally suspect. The Rutherford Institute responds to over one thousand requests for assistance annually from parents whose rights were placed in jeopardy.

Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?

In 1986, the Georgia Attorney General issued an opinion stating that local superintendents could "request" that homeschoolers provide documents related to their home study program, but had no legal basis to "require" the production of those documents.

A non-partisan, non-sectarian, volunteer-only organization working to ensure that the people of Georgia and their government recognize home study, freely practiced in its diverse forms, as a legitimate choice and value it as a positive force for improving the quality of education.

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.

In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."

The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.

Homeschooling in Georgia has come under concerted attack by those who would reduce the access to homeschooling and control both the content and method of home study instruction. Who are the opponents to homeschooling, and what do they want to accomplish?

A layman's analysis of the statutes regulating home study programs in Georgia.

A short list of some of the legal issues homeschooling parents in Georgia have faced in the past.

This case concerns the constitutionality of OCGA 20-2-690 (Code Ann. 32-2104), the Georgia compulsory school attendance law, which provides that every parent having control of a child between the ages of seven and sixteen shall enroll the child in and send the child to a public or private school. The appellants, Terry and Vickie Roemhild, are the parents of three school-age children. In late September of 1981 they were arrested for violating the compulsory attendance law by allegedly failing to enroll their children in a public or private school for the period August 24 to September 18, 1981. The Roemhilds moved to dismiss the charges on various constitutional grounds, and also defended on the basis that the children were being taught at home in a private school operated by the appellants. The trial judge ruled that the Roemhilds had not sufficiently raised the constitutional issues, and were not operating a "private school" within the meaning of OCGA 20-2-690 (Code Ann. 32-2104). Accordingly, the judge found the Roemhilds guilty of nineteen violations of the compulsory school attendance law, which was an assessment of one violation for each school day the children were kept at home. This was reversed on appeal. In this case, the Georgia Supreme Court declared Georgia's compulsory attendance law "unconstitutionally vague." The court reasoned: "...we conclude that the statute is not sufficiently definite to provide a person of ordinary intelligence, who desires to avoid its penalties, fair notice of what constitutes a "private school....Furthermore, the statute violated a second due process value in that it impermissibly delegates to local law enforcement officials, judges, and juries the policy decision of what constitutes a private school."

(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program ...

AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.

A discussion of the homeschooling laws in Georgia provided by the Georgia Department of Education.

The "We Stand for Homeschooling Statement and Resolution” is a grassroots effort created by an ad hoc group of homeschoolers from all over the United States. The list of original signers includes homeschoolers and their allies from diverse religious, political and philosophical perspectives. The list is also geographically diverse. This statement addresses the issue of state control of homeschooling and the growing movement of using government funding to run emerging educational programs. You can read the statement and add your name to it at this website.

These attorneys have indicated that they are willing to provide legal information, consult with or represent homeschoolers on homeschooling or other legal issues they may have in their states. Most of these attorneys homeschool or have homeschooled their own children.

This is a great, informative video covering all the issue regarding the legality of homeschooling in Georgia.

The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Georgia. Includes a link to a legal analysis of laws relating to homeschooling in Georgia.

The Association of HomeSchool Attorneys (AHSA) provides a list of attorneys who consult with and/or represent homeschoolers.

The Cato Institute was founded in 1977 by Edward H. Crane. It is a non-profit public policy research foundation headquartered in Washington, D.C. The Cato Institute seeks to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets and peace. Toward that goal, the Institute strives to achieve greater involvement of the intelligent, concerned lay public in questions of policy and the proper role of government.

Any peace officer may assume temporary custody, during school hours, of any child subject to compulsory school attendance who is found away from home and who is absent from a public or private school or a home study program without a valid written excuse from school officials or from the parent or guardian in charge of the home study program.

This is a copy of the law regarding transferring credits furnished by the Georgia Department of Education.

(a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child.

This list of FAQ is a summary of the law provided by the Georgia Department of Education.

Some changes have been made to the homeschooling law in Georgia, and they will go into effect July 1, 2012. There are two major changes that homeschoolers need to be aware of. The first is that they will no longer turn in their paperwork to their local school districts. Now they will report directly to the Department of Education. The second major change is that homeschoolers will only be required to turn in attendance forms once a year to the Department of Education. Currently homeschoolers have to turn in a monthly attendance form to their local school district. This change will no doubt come as a relief to many homeschooling parents.

To declare the first week in February of each year as "Home Education Week" in Georgia, HB1450 was passed by the 1997-1998 General Assembly and signed by Governor Zel Miller on 4/20/98.

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.

Provided by the Georgia Department of Education, this is a list of questions and answers that parents usually ask about the homeschooling regulations in Georgia.

At the recent Georgia Home Education Association (GHEA) conference, Dr. Starr Miller, a retired member of the Georgia Accrediting Commission (GAC) proposed a system by which home schools could receive some form of accreditation or certification. Centers for Independent Study would be set up to supervise home study. Along with approving curriculum, establishing a record of "clock" hours on independent study for each student, and setting standards for "passing" performance, these centers would also maintain records, issue diplomas, assist parents in setting the appropriate media and study environment for their home school, and so on. These centers could be established using existing support groups as the accrediting establishment. This accreditation would in no way guarantee admission into college for the home schooled student, according to Dr. Miller. We ask, then, what's the point? To say that a school is "accredited" sounds impressive, doesn't it? But what does it really mean? Is it truly a sign of distinction? How does it impact private education, including home schooling? Recent developments put these questions squarely before us.

Virtual charter schools are popping up all over the country, providing free computers, textbooks and educational materials to any family who would like to enroll in their program. Jennifer James takes a hard look at how these schools are detrimental to black homeschoolers.

A summary of the homeschooling laws in Georgia provided by GeorgiaHomeschool.com, along with comments.

HEIR of Georgia offers the following informational links and commentary to help home educators become better informed about Georgia laws as they concern home educators and state agencies.

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.

There is a national campaign to institutionalize all preschoolers through government funded and/or mandated "universal preschool." This group seeks to redefine universal preschool as an unheralded worldwide community of loving, functional parents who exercise their right and authority to nurture and teach their young children at home.

The Home Education Information Resource provided the House Education Committee with a three ring binder of "resource materials" that may be of interest. A summary of the binder's content has been provided to each Committee member, along with a copy of this prepared statement.

Two distinctly different sections of the Georgia code recently collided in an effort to link compulsory school attendance with driving privileges. Home study parents began receiving conflicting information from their counties last year. Fulton County sent out information which included an attendance form and instructions which assumed that the parent was the homestudy supervisor responsible for signing the attendance form and having it notarized. Dekalb County sent already filled out and notarized attendance forms.

(a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual. (b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified. (c) All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-702, and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age. (d) No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child´s social security number which shall be incorporated into the official school records pertaining to that child or youth. Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every student under its jurisdiction prior to the beginning of each school year. School authorities may provisionally admit a child for whom an official social security number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment. A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a statement objecting to the requirement.