In the US, homeschooling has been a popular option for parents who have been dissatisfied with public schools for years. This dissatisfaction with traditional school options intensified during the pandemic when the number of homeschoolers in the US more than doubled. Many Kansas families got a taste of homeschooling during the pandemic and decided to homeschool and not return to traditional schools. Parents choose homeschooling to have greater control over their child's education or to have the flexibility to tailor their education to the child's needs and the family's values. Some parents fear for their child's safety in public schools, and these fears are certainly justified.
Parents who homeschool their children understand that it won't be easy. The journey is often filled with unexpected legal hurdles and challenges. Many parents find themselves advocating for access to services and activities their children need and have rights to. This legal framework can become overwhelming for some parents, who may realize they need help. You are not alone in this.
The Lento Law Firm Are Experienced Homeschool Attorneys
The Lento Law Firm, with its team of experienced educational attorneys, is here to support and understand homeschooling parents. Whether you are having issues getting your homeschool in place, securing services, or getting your child access to classes and extracurricular activities, the Lento Law Firm can help. You can rest assured that you have a strong ally in us. Call 888.535.3686 or provide your details online, and we will contact you.
Kansas Compulsory Education Law and Homeschooling
Kansas has a strict compulsory school attendance law, which mandates that students under 16 must be enrolled in and attend school. However, this law also respects the right of parents to opt out of the traditional public school system, providing them with the freedom to choose homeschooling as an alternative.
Parents who choose to leave (or never to enter) the traditional public school system do this for several reasons. They may decide that their local public school is just not right for their family. They may homeschool for religious or moral reasons or to protect their child from a failing educational system. However, any parent who decides to step outside of the powerful public school system will face obstacles and challenges.
First, Kansas school attendance law is unusually tough by nationwide standards. It requires all children under the age of 16 to be enrolled in a public or private school and attend that school for at least 5 hours a day. For a child who is 16-18, the parent may give written consent to exempt the child from compulsory school attendance.
Kansas does not have a law protecting the rights of homeschoolers. The State Department of Education asks homeschoolers to register as non-accredited private schools (NAPS) and to seek protection under the law pertaining to private schools.
Home Schools as Non-Accredited Private Schools
All homeschoolers in Kansas must register as non-accredited private schools (NAPS). If a child transfers from a traditional public or private school to homeschooling, the parent must notify that school of this move. Remember, if your child is over the age of 7, they are subject to compulsory attendance, and if you fail to notify their prior school, you might be considered truant.
To become a NAPS, a parent or guardian must register with the State Board of Education. This involves completing a form and providing your name and address. The Board requires that teachers be 'competent' and that instruction time be roughly equivalent to that provided in a traditional public school. It is important to note that the Board does not provide curriculum or books to Kansas homeschoolers, so you must plan and implement your child's education independently.
Testing Requirements for Kansas NAPS and Homeschools
Kansas law does not require testing of homeschooled students. The parent of a homeschooler may choose to participate in testing if they wish.
Homeschooling Access to Programs and Athletics
Under a 2023 law, homeschooled students in Kansas have the right to participate in programs and athletics in their home district public school. A student attending a home school may participate in any activity in their resident public school provided:
- They are progressing academically.
- The student's parent submits an affidavit or transcript proving this academic progress. (An affidavit is a written statement made under oath of its accuracy.)
Once the parents submit this affidavit, the student is considered eligible academically, and this eligibility continues for the season. The student can be required to try out only if this is required of all students who seek participation in this activity or sport.
If the school district refuses to allow your homeschooler to participate in sports or musical groups, call the Lento Law Firm. We can advocate on your behalf. If your child misses out on sports or orchestra, you cannot get the opportunity or this critical time in their development back.
Enrollment for a Single Course or Program
Some parents find that they wish to enroll their child in a single course or activity. Perhaps you are struggling to teach your child advanced calculus and cannot find an alternative teacher in your community. In Kansas, you have a right to enroll your child part-time in public school to take a particular class or participate in a single activity.
The school district must allow students to enroll part-time if they meet eligibility requirements. All Kansas school districts must have a policy on the eligibility of students for part-time enrollment, which should be posted on the school district website. Kansas law requires the school district to make a good faith attempt to accommodate the scheduling needs of part-time students.
If the school district denies your child access to classes or programs, you need the assistance of the Lento Law Firm. Your child should have access to these classes and programs on terms similar to those of students who attend traditional public schools. If you have met reluctance on the part of the school district, don't give up, and don't wait to take action. Call the Lento Law Firm and let our attorneys advocate on behalf of your child. Make sure your child has access to all the educational tools they have a right to under the law.
The Rights of Special Education Homeschool Students
Many homeschooling parents report that their child's disability motivated them to decide to homeschool. Their child may have faced bullying at school for being different, or the parent may want more individualized instruction than the public school can provide. But their student still needs special education services.
Kansas public schools have obligations under the Individuals with Disabilities Act (IDEA). They must evaluate any child in the district boundaries that the parents suspect may have a disability. If you wish to seek special education services for your child, the first step is always getting an Individualized Education Plan (IEP) in place. This process is complex for all parents, whether they are homeschooled or not. You must consent as a parent to the evaluation. Under IDEA, the school district must provide an evaluation to you, free of charge. Even if your child does not meet the standards under IDEA, they may have a right to a Section 504 Plan under the Federal Rehabilitation Act.
If the school district refuses to provide the evaluation or address the issue of an IEP, call the experienced special education attorneys at the Lento Law Firm. They can guide you through the IEP process and advise you on ways to make the process proceed smoothly. We understand this is a stressful process, and some school districts will make it even harder. The Lento Law Firm is here to help you fight for your right to an evaluation and an IEP. If your child is found eligible for special education services, the school district may try to tell you that you have waived your rights to these services as a homeschooler. However, Kansas law protects the rights of private schools, and if you homeschool in Kansas, you are a non-accredited private school (NAPS).
Special Education and Non-Accredited Private Schools
Because homeschooling parents register, they may be considered for special education services in private schools under Kansas law. In Kansas, “every school district shall provide special education services for exceptional children who reside in the district and attend a private, nonprofit elementary or secondary school.” The statute provides that these services may be provided at either the private school locale or at the public school. The school district retains power in determining where and in what manner it offers services, but it must provide services on “an equal basis with the provision of such services for exceptional children attending public school.”
As a parent of a child with a disability, you will have a relationship with the resident public school. As a non-accredited private school, a parent may have access to funds available to other private schools. The process of advocating for services is complex and is a little different in each situation. Any parent facing special needs homeschooling should have an experienced special education attorney in their corner. Call the experienced attorneys at the Lento Law Firm.
Graduation from Homeschool in Kansas
As a parent homeschooling in Kansas, you have a right to plan and teach the curriculum of your choice. Kansas has several required courses for graduation from public school, but these are recommended for homeschoolers and not required. These courses include:
- English
- History and government
- Science
- Math
- Fine Arts
Homeschooled students do not receive a diploma from the state of Kansas. As a non-accredited private school, you can issue your child a diploma. Many advocates recommend taking the Graduation Equivalency Exam (GED) in Kansasbecause it may make admissions to various post-secondary education options easier.
From Homeschool to College
After graduating, many homeschooled students will continue their education at a college or university. Colleges are free to set their own admissions standards, and some may be biased against homeschoolers. These colleges may question the validity of your transcript or ask you to take a GED or equivalency test. Students may need to advocate for themselves for admission to higher education colleges and programs.
If you face hurdles with regard to recognition of your student's graduation, call the Lento Law Firm. After years of hard work homeschooling your child, this may feel like a slap in the face. But call the attorneys at the Lento Law Firm, who can advise you on dealing with post-secondary institutions and programs for the best outcome possible.
Defend Your Right to Homeschool
As more parents opt for homeschooling in Kansas, more issues will arise. While the relative lack of regulation in Kansas related to homeschooling may look like a positive thing to parents, it can be both a blessing and a curse. Kansas law puts many things at the school district's discretion, but they must not abuse this discretion. The school district may seem powerful, but you also have power in this situation. If the school district begins declining your requests for part-time attendance or participation in orchestra or sports, you may need to take action to force the district to comply with the law. This is particularly true for the parents of special needs children, who may need to fight for the services they need to progress and flourish.
The process of securing all the services and supports your child needs can be long, but you are not alone. The Lento Law Firm is here to help you protect your student's rights to the education and services they need and deserve.
The Lento Law Firm is experienced with homeschooling and special education issues. We will advise you on your options and guide you through the process. We are dedicated to serving homeschooled families and protecting their rights.
Whether you live in Kansas City, Topeka, Wichita, or elsewhere in Kansas, the Lento Law Firm can vigorously defend your rights. Having a great law firm on your side throughout this process is an investment in your child's future. Call the Lento Law Firm today to discuss your options and learn more about how we can help homeschooling families. Call 888.535.3686 or provide your details online, and we will contact you.
