There is no specific US Federal Law on home schooling. According to the 10th Amendment to the US Constitution, it states that education as a governmental concern is to be left to the states.

The US Constitution does not allow the Federal Government to interfere with or control education, whether public or private. However, that is not reality.

So with that in mind, homeschooling is legal according to Federal Law, because there is no Federal Law specifically outlawing home school. Some of our best known presidents were home schooled – Thomas Jefferson, Abe Lincoln, Benjamin Franklin, they were all home schooled.

If it is legal then why all of the fuss about home school? Well it is legal on a Federal Level. When it comes to the states, there is a lot of ignorance of the law by local public school officials. Many do not know or understand their current local laws.

This is understandable as the laws are no where close to being uniform from state to state. What goes on in California is not the same as New York or Missouri. California’s home school law is probably the most complicated of all.

North Carolina is more lenient than some but they have certain regulations that do not make any sense. Without a federal law on home schooling this situation will continue, however homeschoolers do not want federal legislation.

So how do you follow Federal Law on home schooling?

The best place to find out what is going on is through The Home School Legal Defense Association (HSLDA). They are a lobby group that follows all 50 states rules and laws as well as the federal laws.

They follow current laws and all bills that are being introduced into the house and senate so that home schoolers know what to look out for. Although the Constitution states that the Federal government may make no rule or law controlling private or public education this is not reality.

Just look at the No Child Left Behind Act. You bet that has a controlling effect on private and public schools. There are many other such bills that have been signed into law.

The purpose of the HSDLA is to be a watch dog for all of the legislation in every state and federal government (a monumentous task) and to provide legal assistance to home school families who find themselves in legal trouble.

Are there ways keep out of legal trouble when homeschooling? Is there a federal law on home schooling that will protect home schools?

You can always cote the 10th Amendment to the US Constitution. However, if you find yourself in legal trouble the best thing to do is to contact a lawyer who truly understands the federal and local home school laws and one that is sympathetic to homeschoolers.

Also, depending on what sort of trouble you run into your First Amendment rights may also be violated. Be sure you talk to someone at HSLDA to find out if they will get involved or if they can recommend an attorney for you.

References:
http://www.hsdla.org

Free Ebook Download!

Give Your Child The Education They Deserve
Right From Your Home, Teach Them More
Than High Paying Private Schools Do!

Just enter your name and email address and I'll send you the ebook instantly!!