Arkansas is among the friendliest states in the nation for those who wish to homeschool their children. According to one study, only three other states in the country offer more freedom to homeschooling parents and students.
That doesn't mean homeschooling a child never involves any struggle or frustration. For various reasons, you may face challenges when attempting to homeschool your kids in Arkansas. These challenges may be the result of interference or lack of cooperation from school districts and other such parties.
You don't have to navigate these difficulties alone. If you're struggling with a homeschooling issue in Arkansas, the Lento Law Firm Education Law Team is available to help with your case. Find out more about what we can do by submitting your information through our online contact form or calling us at 888-535-3686.
Starting the Homeschooling Process in Arkansas
Parents who wish to homeschool their children in Arkansas can start the process by filing a Notice of Intent to Home School with their child's school district. They must file this notice by August 15 of every year they intend to homeschool their children. If they fail to meet the deadline, a public school can enforce a five-day waiting period before allowing a student to exit the school and be homeschooled.
The website for the Arkansas Division of Elementary and Secondary Education provides instructions on how to file the notice electronically and on paper. If you move to a new school district, you have 30 days to provide the superintendent of your new district with information about your intention to homeschool your children.
Following all steps in the process carefully is imperative. Enlisting the help of legal professionals can guard against errors that might otherwise cause delays or complications. With assistance from our Education Law Team at the Lento Law Firm, notifying a school district of your plans to homeschool your child can be much simpler than you may have expected.
The Importance of Maintaining Homeschool Records in Arkansas
Arkansas's homeschooling laws are fairly lenient when compared to those of other states. Parents who homeschool their children in Arkansas are not required to maintain any records regarding their children's schooling or academic progress.
Regardless, keeping such records is wise. Records you may consider keeping include:
- Attendance records
- Documentation of the curriculum and course materials used in a given year
- Schoolwork samples representative of the progress your child has made
- Test results
- Other records and documentation that may serve to illustrate your child is receiving a proper education.
Maintaining such records for at least two years (although you're even better off maintaining permanent records) is smart for several reasons. For example, you may move to a state where the homeschooling requirements differ from Arkansas's. Having records to show can help you speed up the process of adjusting to a new state's processes and regulations.
There may also be instances in which it's helpful for you or your child to show they've received adequate schooling. Applying to college or enlisting in the military are just two examples.
While maintaining these records is smart, it can't be overstated: The law doesn't require you to maintain such records. Thus, if a school district, state agency, or other such party is interfering over your lack of record-keeping, the Lento Law Firm Education Law Team is on hand to represent you.
Withdrawing Your Child from School: How to Avoid Complications
You may choose to withdraw your child from school and begin homeschooling them during a typical public school year. The five-day waiting period may apply if you choose to do so. That said, the superintendent of the district where your child currently attends school may waive the waiting period at their own discretion.
If your child is currently enrolled in public school and you plan on homeschooling them next year, it's wise to withdraw them from public school before the current academic year ends. They may be listed as enrolled at the school if you fail to do so or if you miss the August 15 deadline. This can result in such complications as your child being labeled truant.
Disciplinary Issues Can Prevent You from Withdrawing Your Child from School
Challenges may arise if your child is currently under disciplinary action and you wish to withdraw them from public school. In these circumstances, the district superintendent can decide whether to allow a child to withdraw from the school or whether they must first complete their disciplinary action requirements.
However, if a child has already completed these requirements, or if they have been expelled from school entirely, the superintendent should not interfere with a parent trying to withdraw and homeschool said child. Our Education Law Team at the Lento Law Firm can help if a school district is improperly preventing you from withdrawing your child and homeschooling them.
Accessing Public School Sports and Other Activities
Even a parent who wishes to homeschool their child may believe a public school can still offer resources they can't offer at home. For example, they may want their child to have the opportunity to participate in a public school's sports teams or extracurricular activities.
Arkansas law currently requires public school districts to allow homeschooled children to participate in school activities the Arkansas Activities Association regulates.
Nevertheless, some parents encounter difficulty when trying to enroll their children in such activities. If you believe your child is being unfairly prevented from participating in an activity they have a legal right to access, our lawyers with the Lento Law Firm Education Law Team can provide valuable assistance.
Addressing Superintendent Interference
A superintendent, teacher, or other representative of a school district might ask that a parent or child submit to an interview before allowing a parent to withdraw their child from school for the purposes of homeschooling. Requiring any such interview is against the law in Arkansas.
Additionally, Arkansas law no longer requires that homeschooled students take any standardized tests that other students may have to take. They have the option to take state-funded exams like the PSAT, but there is no current requirement that they complete any standardized examinations. A school district is breaking the law if it attempts to require a student to complete such tests before their parents can withdraw them.
Contact legal professionals if a superintendent or anyone else is violating the law by enforcing illegal requirements or conditions before you can withdraw your child. Our team can help you show why a school district is violating your rights and the rights of a student.
What You Need to Know About Homeschooling Other Children in Arkansas
Per Arkansas law, a parent doesn't have to have a high school diploma or earn a teaching certification to homeschool their children in the state. However, the law does prohibit noncustodial adults from homeschooling children who aren't their own.
This legal prohibition can get murky when the question of co-ops arises. Although home-schooling co-ops are designed to ensure both homeschooling students and their parents get the resources and support they need, a state agency may try to claim parents participating in co-ops are attempting to homeschool others' children. Contact the Lento Law Firm Education Law Team if you ever face such complications.
Involving Other People in Homeschooling a Child
One of the few drawbacks to Arkansas's lenient homeschooling law is that it can sometimes be vague. Per the current wording of the law, a child's parent or legal guardian should primarily conduct their homeschooling.
You may want to involve other adults in your child's education. For example, perhaps you feel a grandparent could contribute to their homeschooling.
The law doesn't explain the extent to which you may do so. As of yet, there haven't been any significant Arkansas court rulings clarifying the issue.
You may thus encounter some forms of interference from school districts or state agencies if you design a curriculum in which other adults play key roles in your child's homeschooling experience. Because the law is vague when it comes to these matters, if anyone tries to interfere, you'll benefit significantly from having legal representation.
Homeschooling Allows Parents to Design Curricula
You may have various reasons for wanting to homeschool a child. Objections to the content they would study in public school may be one such reason.
Arkansas law allows parents who homeschool their children to design their own curricula. Parents can even modify curricula so that a homeschooled student doesn't necessarily study at the same grade level as their peers. Parents don't have to report to any agencies or other such parties for their curricula to receive approval.
Still, some may try to force homeschooling parents to abide by the standards of public schools. This type of interference can take many forms. In mild forms, it may involve a superintendent or district representative putting excessive pressure on a parent to adopt their curricula before allowing a student to withdraw from school. In other instances, parties who object to a homeschooling parent's curricula may claim that it borders on child abuse.
The Lento Law Firm Education Law Team is here to defend your rights if someone is trying to control what you do and don't teach your kids as a homeschooling parent in Arkansas. Get in touch if anyone is violating your right to educate your child as you see fit.
Issues Involving Students with Special Needs
Under Arkansas law, a public school district is responsible for identifying students between the ages of three and 21 years who live within its borders and may have special needs. The law also states that children with disabilities who are homeschooled in Arkansas should receive the same considerations that non-homeschooled students with special needs receive.
Ensuring your child with special needs accesses the resources to which they're entitled isn't always an easy process. You may have questions regarding what types of resources and support a school district is legally required to provide. For help pursuing services for your special needs child, contact our Education Law Team at the Lento Law Firm. You may have grounds to file a lawsuit if you're being prevented from accessing services your child is eligible for.
Your Homeschooled Child and Immunizations in Arkansas: Understanding the Requirements
Any child attending a public school, private school, or daycare facility in Arkansas must be vaccinated according to the requirements established by the Arkansas Board of Health. However, the law does allow parents and students to file for exemptions.
Arkansas law doesn't require homeschooled students to receive any particular vaccinations. You might thus assume filing for an exemption won't be necessary if you plan on homeschooling your child throughout their elementary and secondary education years.
However, vaccine requirements may apply if you wish for your child to participate in sports or extracurricular activities through a public school. In addition, some parents elect to let their children take some public school classes to fill in any gaps in their homeschool curricula.
Is the lack of a vaccination preventing your child from participating in such activities or classes? Do you believe a school isn't honoring an exemption request fairly? These are just two matters our Education Law Team at the Lento Law Firm can help with.
Defending Your Right to Homeschool a Child in Arkansas
You're fortunate to live in Arkansas if you're a parent who understands the potential benefits of homeschooling a child. The law in Arkansas doesn't require homeschooling parents and children to abide by many of the conditions and rules that other state laws may require.
That's not to say that no one will ever interfere with your right to homeschool a child in Arkansas. In any circumstance where you feel your legal rights are being violated, it's wise to contact legal professionals with experience handling cases like yours.
That's exactly what you'll find at the Lento Law Firm's Education Law Team. We can review the details of your case and explain potential legal options, such as filing a lawsuit. The best way to learn more about how you may defend your rights is to contact us through our online form or call us at 888-535-3686 to discuss your case.
