An increasingly popular option across the United States, homeschooling allows families to educate their children in a more personalized setting. Texas, recognizing the rights of parents to make educational choices for their children, places few restrictions on homeschooling families.
Even in a state that's friendly to homeschooling, problems can arise. School districts, extracurricular organizations, or local governments may treat children and teens who are homeschooled differently than those who attend schools. Misperceptions about homeschooling can result in homeschooling children and teenagers being held to different standards or treated as if they aren't getting an education.
If an organization or individual is interfering with your family's right to homeschool, the Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.
Homeschooling in Texas
Texas doesn't require families to notify the state of their intent to homeschool. This means that the state doesn't keep official records on how many Texas families homeschool.
One metric to track homeschooling is the number of children who withdraw from public school. Texas only tracks withdrawal numbers once students reach seventh grade, however, meaning even these numbers aren't fully accurate. One report states that approximately 30,000 students in Grades 7 to 12 leave the public school system annually.
Other sources, however, indicate that homeschooling is an increasingly popular choice for Texans. Like the rest of the United States, the COVID-19 pandemic dramatically increased the number of Texas families who chose homeschooling. The U.S. Census Bureau found that 12.3 percent of Texas families chose to homeschool their children in Fall 2020. This was higher than the national average.
As of 2023, estimates are that between 8 to 10 percent of students in Texas are homeschooled. A 2024 report from Brazos Valley indicates homeschooling doubled in the county between the 2017-2018 school year and the 2023-2024 school year. Recognizing this shift in educational choice, Texas also passed several pro-homeschooling laws in 2023.
Reasons for Homeschooling
Once used predominantly for religious reasons, families are turning to homeschooling for a wide range of reasons. Reports indicate homeschooling in Texas draws from an increasingly diverse group of families without regard to religion, ethnicity, or political identity. These reasons include:
- Class size
- Teaching shortages
- Health and safety
- Ideological differences
- Tailored curriculum
- Fear of bullying
- Spend more time together as a family
- Flexibility
Families don't have to provide a reason for why they want to homeschool. Texas doesn't require them to file an annual form or explain their reasons. At most, individual school districts may request a letter of intent.
Opposition to Homeschooling
Much as there is no shortage of reasons why people choose to homeschool, the reasons people criticize or misunderstand homeschooling are similarly varied. For homeschooling families, knowing these reasons can potentially help to avoid or stop any attempts to block their educational decisions.
Two common reasons to oppose homeschooling are that it's detrimental to a child's development and that a child can't receive the same level of education as in a traditional school.
Individuals may cite horror stories about homeschooling. Just as different students can have different experiences in traditional schools, one child's bad experience with homeschooling has no relation to other student's potential experiences.
Research on homeschooling indicates that, just like a traditional school, what a student and family put into the experience matters most. A family that encourages social interactions and academic achievement is more likely to foster success in children, regardless of the school setting.
Leeper Decision
A 1995 Texas Supreme Court decision affirmed the right of families to homeschool. Texas v. Leeper also established the rules that must be met to homeschool in Texas.
Families meet Texas's homeschooling requirements when:
- The education is bona fide
- The curriculum must be in written or visual form, which comes from either a school or developed from an outside source
- The curriculum includes reading, spelling, grammar, mathematics, and a study of good citizenship
Families aren't required to provide any updates or reports on their child's homeschooling progress. School districts or other educational or governmental organizations or departments cannot require families to submit a curriculum or other information.
What schools may request is a letter of intent. These letters need only state parents' plans to homeschool their children.
Attendance and Notice
Texas gives homeschooling families considerable flexibility in determining their homeschooling schedule. While families must inform school districts of their intent to withdraw their child, they aren't required to submit a letter of intent or other formal notice of their homeschooling plans.
While not required, Texas does allow school districts to request that parents or guardians provide a written notice of their intent to homeschool. What school districts cannot do is require a letter of intent each school year.
As for attendance, students who are homeschooled don't have to follow the same compulsory attendance requirements as students who attend public schools. Families are free to set their schedules without following Texas's laws on the number of hours of instruction or other attendance benchmarks.
Withdrawing from School
Parents can decide at any point during the school year to withdraw their children and begin homeschooling. Families will need to review their school districts' specific policies on withdrawing.
Denton Independent School District requires a three-day notification before withdrawing a student from school. The school provides the withdrawal form. When students are under 18, their parents or legal guardians are the only ones who can decide to withdraw a student. Denton has specific requirements for who must be given notice on a student's last day.
Austin Independent School District follows a similar policy with fewer notification requirements. Austin will accept verbal notification to withdraw if the school principal approves.
For families who decide to homeschool, the question about a district's withdrawal policies is if they're consistently enforced and aren't used to prevent families from choosing to homeschool. If a district's policies put an undue burden on families or single out homeschooling, families should challenge such policies as infringing on their right to make decisions about their children's education.
If a student has never attended a public school in Texas, families don't have to file any withdrawal notice or letter of intent.
Homeschooling Co-ops
Families can choose to educate their children in groups or micro-schools. Texas has no laws or restrictions on group settings for homeschooling.
Extracurricular Activities
Beginning in 2021, Texas passed a law that allows homeschooled students to participate in extracurricular activities. This law doesn't require public schools to allow homeschooling students to participate in extracurricular activities. It instead gives each school district the power to decide whether to include homeschooled students in extracurricular activities.
If a school district allows homeschooled students to participate, homeschooled students must meet the same University Interscholastic League (UIL) requirements as students enrolled in public schools.
UIL has no say in whether individual school districts allow non-enrolled student participation. UIL does, however, keep a list of schools that allow homeschool participation.
Example: Calhoun County ISD
In 2023, the Calhoun County Independent School District School Board voted to allow homeschooled students to participate in UIL activities through the district. Reporting on Calhoun County's decision shows some of the reasons districts may decline to include non-enrolled students.
One school board member cited inequality, given that homeschooled students do not have to meet the same attendance, academic progress, and behavior requirements as students who attend public schools. Another concern is potential school liability.
The school district also highlighted the potential cost to the district. The school board also stated that students who withdraw from school during the school year are ineligible to participate in extracurricular activities for the remainder of that school year.
Even with these concerns, the school board approved the policy change.
Funding
A 2023 law about funding indirectly addressed the concerns about funding expressed by Calhoun County. As of September 2023, if a school district allows non-enrolled students to participate in UIL activities, the district will receive $1,5000 per student.
By providing funding, this law reduces one of the reasons that school districts can use to deny homeschooled student involvement.
Special Education
Public school districts must provide special education services to all K-12 students who have disabilities. A public school cannot decline to provide special education services because a student isn't enrolled in that school.
Schools must provide these services at no cost to families. A school cannot charge a family that homeschools for services that a school would provide at no cost to a family whose child attends public school.
All students must qualify for special education services. Families cannot simply request services, although parents and guardians may request an assessment and evaluation. Children and teenagers will undergo an assessment to determine if they have a qualifying disability. Children not yet old enough to attend school can also qualify for early intervention services and support.
If a student has a qualifying disability under the Individuals with Disabilities Education Act, a public school must provide that student with an Individualized Education Program (IEP). If a student qualifies for support under Section 504 of the Rehabilitation Act of 1973, they will have a 504 Plan.
When a local school district is unable to provide the services or support a student with disabilities requires, a school district may send that student to a nonpublic school or organization. If a nonpublic program is approved, the services will still be provided free of charge to the family.
Ferris Independent School District includes a dedicated page on special education for students who are either homeschooled or attend private schools. This information is specific to Ferris, but much of it is based on federal and state laws. This means Ferris's information will apply to school districts throughout Texas.
Vaccinations
Texas has no requirements for homeschooled students to be vaccinated. Students who receive special education services from their local public school or participate in school extracurricular activities, however, may be required to meet a school district's vaccination policies.
If a district requires vaccination for non-enrolled students who participate in extracurricular activities or who receive special education services, a student should be treated the same as an enrolled student. This means that students should be able to file an exemption for medical or religious reasons.
For medical exemptions, a doctor's note is required. Families must provide a new note every year.
Assessment and Graduation
Texas doesn't require homeschooled students to undergo annual assessments or specific exams. The state treats the completion of a homeschool curriculum as the equivalent of obtaining a traditional high school diploma.
Students might encounter difficulties when applying to colleges. While Texas has made it easier for homeschooled students to enroll in postsecondary public institutions, those who plan to attend college may face additional requirements to qualify for admission.
Public Colleges and Universities
One other change to Texas's laws to support homeschooling families is a change to the state's admissions policies for public colleges and universities.
In Texas, all students who graduate in the top 10 percent of their class receive automatic admission to state colleges. A 2023 revision includes language to expand that opportunity to homeschooled students.
Colleges and universities will now average the SAT or ACT scores of students who were in the top ten percent of their high school graduation classes. If a homeschooled student's test scores fall within that range, they will qualify for automatic admission to Texas's public colleges and universities.
Private Colleges and Universities
Students who want to attend a private college should contact that school to determine their specific requirements for homeschooled students. Schools should have specific criteria and policies that put all applicants on a similar footing.
Over 10 percent of the University of Dallas student body was homeschooled for all or part of their K-12 years. The university has specific requirements for homeschooled applicants.
Homeschooling is a Right
Texas gives parents wide latitude when deciding on their children's education. The state supports parents' school choice rights by minimizing requirements for those who homeschool.
Even with few laws, overzealous school districts or individuals with misguided views on homeschooling may attempt to infringe on your right to homeschool your children. If you're facing barriers in your right to homeschool your children in Texas, the Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.
