In a state full of independent thinkers like Montana, homeschooling can be an attractive option for parents. Many Montana parents are dissatisfied with the quality of their district schools or feel they could do a better job. Some Montana parents and guardians became familiar with homeschooling during the COVID pandemic and have decided to continue. Others are fearful for their child's safety in this age of school shootings, or there may be immunization issues. The reasons for homeschooling vary greatly between families, but the number of homeschoolers in the US has doubled in recent years.
Parents who decide to homeschool can face many obstacles, including access to extracurricular activities, special education issues, part-time public school attendance, or government interference. In view of these legal hurdles, many homeschoolers find it difficult to navigate the homeschooling process without legal assistance. As you work to find the best way to educate and serve your child's needs, know that you are not alone.
The Lento Law Firm Are Experienced Homeschool Attorneys
The Lento Law Firm Education Defense Team is here to advocate for and support homeschoolers and their parents and guardians. Whether you are having issues with commencing homeschooling, having difficulty with disability issues, or have been denied access to extracurricular activities, we can help. The Lento Law Firm can help you handle the legal issues so that you can concentrate on homeschooling your child. Call 888.535.3686 or provide your details online, and we will contact you.
Montana Compulsory Education Law and Homeschooling
Montana's compulsory attendance law requires any child aged 7 to 16 to attend public school. A student who is homeschooled is not subject to compulsory school attendance, provided that certain requirements are met. Montana law defines a homeschool as “instruction by a parent of the parent's child, stepchild, or ward in the parent's residence.”
Requirements to Homeschool in Montana
Montana law provides several requirements for homeschooling and several steps the homeschooling parent or guardian must take:
Step One: File Notice of Intent to Homeschool
Montana law requires that parents notify the superintendent of schools of the county where their homeschool is located of their intent to homeschool. This must be done every “school fiscal year” by July 1. The Lento Law firm can assist with the Notice of Intent to Homeschool.
Step Two: Keep Records of Attendance and Immunization
As a homeschool parent, you must keep a record of your child's attendance. You might want to prepare a calendar and note days when your child could not study or take instruction because of health or other issues.
Montana homeschool law also addresses immunization. If you have a religious objection to immunizations, you must file the Religious Exemption Form. These exemptions are relatively easy to get. Much more difficult to get are medical exemptions, which require specific grounds and a physician's signature. If you decide to file a Medical Exemption Form, it's important to consult Montana law regarding medical exceptions. Homeschool parents should follow procedures and make records available to the county superintendent, who has a right to request homeschool records.
If you find yourself at odds with your county school system because of immunization issues or a lack of record-keeping, call the Lento Law Firm. We have dealt with hundreds of homeschool issues, and we can guide you through the state requirements of Montana.
Step Three: Plan a Curriculum of Required Subjects
The following are required courses for homeschool study in Montana.”
- English
- Math
- Science
- Social Studies
- Arts
- Health
Many curriculums are available, but make sure your curriculum covers these subjects. While you must plan a curriculum, the school cannot dictate the curriculum to you. If you have religious or cultural reasons for wanting a particular curriculum, the state may not force you to use another curriculum.
If you face pressure to alter your homeschool plan from your local school officials or a Montana state agency, call the Lento Law Firm.
Step Four: Teach the Required Instruction Hours
Montana law requires minimum instruction hours per year. A student must receive 720 hours of instruction per year in grades 1-3 and 1080 hours of instruction per year in grades 4-12. Homeschool parents should keep careful records of instruction hours as they may be needed to defend your homeschool.
Montana's homeschool law also states that the homeschool environment should be healthy and comply with safety regulations. The potential for abuse and intrusion by governmental or school officials in this provision is clear. If your school district challenges your homeschool for any reason, call the Lento Law Firm.
Testing Requirements for Montana Homeschools
Montana law expressly puts some issues in the hands and control of homeschool parents. Parents retain the right to:
- Decide on their educational philosophy.
- Select instructional materials and set the curriculum.
- Decide when, where, and how to instruct their student.
- Evaluate their student's progress.
This means that the parent decides how to test students and that homeschooled students are not required to do standardized testing in Montana. But savvy parents will test and will keep records of testing. Additionally, there are times when the student will probably need to take standardized tests, such as college applications.
Homeschooling Access to Programs and Athletics
Montana law protects home-schooled students' rights to participate in sports or other extracurricular activities in their resident school district. The school must not apply a different standard between home-schooled students and traditional resident students. The school may adopt eligibility standards but may not apply these standards differently or more harshly to homeschooled students. If eligibility for sports requires that the student maintain a certain grade point average, the principal may ask the homeschool parent for proof of eligibility but cannot test the student or review the curriculum to establish eligibility.
The right to access school programs in Montana includes the right of a homeschooler to join or participate in:
- Band, choir, or other musical groups.
- Sports teams.
- Clubs.
- Service organizations.
It is important to note that a homeschooled student may need to “try out” for activities, but only if resident students also have to try out and only under the terms applicable to traditional students. Sometimes, schools hesitate to allow homeschoolers access to sports teams and extracurricular activities. If your school district refuses to allow access, call the Lento Law Firm. The Lento Law Firm can advise you on access issues and how to comply with the law. Don't lose a season or year of performing—call the Lento Law Firm.
Enrollment for a Single Course or Program
As of July 2024 Montana law provides for part-time attendance in public school for homeschoolers. This is helpful if a parent or teacher struggles to teach a particular course, such as calculus or trigonometry. Homeschoolers have a right to take a single course or attend public school part-time. The school can ask if your student has taken the necessary prerequisite courses as long as those courses are required of traditional students. Any parent who faces a school district that insists that the class is full or otherwise denies attendance to a homeschooler should call the Lento Law Firm. This provision might also help a student who wishes to take music classes to perform in a band or orchestra. Montana homeschoolers must not miss these opportunities, and the school district must comply.
The Rights of Disabled Homeschool Students
Homeschooling can be an excellent option for children with a disability. Parents of disabled children may feel they can better teach their children and are more motivated. Children with disabilities are sometimes singled out for bullying or other unacceptable treatment in public schools. It is important to note that homeschooled children with a disability might need specialized treatment. In this situation, a parent might turn to laws that protect special education services for disabled students.
As long as a student is registered with the county superintendent (remember the Notice of Intent to Homeschool), they are considered a “parentally placed private school student” in Montana. This may mean that the school district is not required to provide services like a traditional student. But this issue is not so easy. Even if a child is not entitled to special education services, federal law requires schools to provide equitable services and to set money aside to fund them. This is a very complicated area of the law, and there may be strategies that will help you receive more services. The experienced special education attorneys at the Lento Law Firm can help you navigate the process and receive all the services your child is entitled to.
Graduation from Homeschool in Montana
When a Montana homeschooled student has completed high school, they do not receive the same diploma as traditional students. They can earn a Montana High School Equivalency diploma after passing the HiSET exam. Your student is not required to take this exam, but it can be helpful if they wish to continue their education in college or other post-secondary programs. The documentation needed to sit for the HiSET exam varies depending on the student's age. Your student may retake subtests several times, and disabled students may request testing accommodations.
After many years of providing home school instruction to your student, it may come as a “slap in the face” when you are asked to provide evidence of their learning. If you have issues with the HiSET exam or other testing or documentation issues for homeschooling graduates, call the Lento Law Firm.
From Homeschool to College
Many Montana homeschooled students will opt to continue to college or university study. Some of the most prestigious colleges in the US have learned that homeschooled students can compete and excel with traditional school peers. However, some colleges may be more hesitant or place multiple roadblocks in your student's path. The college may ask for ACT or SAT scores, and you should be prepared to provide these as long as they are required of all students. Some colleges may question your transcript or whether your child has mastered particularly difficult classes or subjects. Homeschooled students should be prepared to advocate for themselves when applying to colleges and universities, but this is sometimes difficult. If you are meeting obstacles in enrolling your student in a college or university, call the Lento Law Firm. We can advocate for you and negotiate for the best possible outcome for your child. Don't give up—your child's future is on the line, and the Lento Law Firm is here to help.
You Have a Right to Homeschool. Defend It.
As more Montana parents opt to homeschool, more issues arise. Parents may feel powerless against a government bureaucracy that does not have their children's best interests at heart. Negotiating with schools and public agencies can be very difficult without an attorney. In close-knit communities, it can be difficult to challenge public school officials you may know personally. The Lento Law Firm can take the heat off you and place it on the school and its obligations to your child. It's important to remember that school activities can be very time urgent. If your student fails to meet certain deadlines, they may miss a year of a sport or music group that they cannot get back. As soon as you meet with resistance or difficulty, call the Lento Law Firm. We are dedicated to protecting the rights of Montana families. The Lento Law Firm is experienced with both homeschooling and special education issues, and we can advise you of your best options while you navigate the process.
Whether you live in Billings, Missoula, Helena, Bozeman, or elsewhere in Montana, the Lento Law Firm can vigorously defend your rights. We are sensitive to local issues and culture and will use care to represent your rights. Legal assistance with the homeschool process is an investment in your child's future. Call the Lento Law Firm today to discuss your options and learn how we can help homeschooling families. Call 888.535.3686 or provide your details online, and we will contact you.
