The law in Texas that concerns home education is case law, based on the decisions of the Leeper vs. Arlington class action suit (Leeper v. Arlington I.S.D., No. 17-88761-85). 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. The judge concluded that:
"A school-age child residing in the State of Texas who is being educated in a bona fide manner by the parents, or those standing in parental authority, in or through the child's home using a curriculum, consisting of books, workbooks, other written materials, including that which appears on an electronic screen of either a computer or video tape monitor, or any combination of the preceding from either (1) a private or parochial school which exists apart from the child's home or (2) which has been developed or obtained from any source, said curriculum designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship, is in attendance upon a private or parochial school within the meaning of Section 25.086(a)(1) of the Texas Education Code and exempt from the requirements of compulsory attendance at a public school."
The only requirements for home schooling to be legal are that (1) the instruction be bona fide (i.e., not a sham); (2) the curriculum be in visual form (e.g., books, workbooks, video monitor); and (3) the curriculum include the basic subjects of reading, spelling, grammar, mathematics, and good citizenship. Parents may obtain curriculum materials from outside sources or develop their own. They may also send their children into the home of another parent for instruction or have a tutor come into the home for all or part of the instruction.
Home schools in the state of Texas were determined by the courts to be private schools. As such, home schools are not regulated and they are exempt from compulsory attendance laws. Like other private schools in the state, there are no requirements such as teacher certification or curriculum approval.
The Leeper decision recognizes the right of school officials to make "reasonable inquiry" to determine whether or not a school-age child is in attendance upon a private or parochial school. Without the ability to make reasonable inquiry, school attendance officials could not carry out their duty as required by law. Since 1995, the commissioner of education has given direction to school districts on how to apply this ruling. (See the current letter.)
Although home education is clearly legal, THSC has often found the need to seek clarification from heads of state agencies to help clarify how the law is applied and how it should be viewed by public officials, Child Protective Services, colleges, and others.
Yes, It's Legal!
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