Since the pandemic shut down the world in 2020, homeschooling has become an increasingly popular educational choice for American parents. Growing numbers of parents in Washington state are also turning to this alternative. According to the Washington Policy Center, homeschool enrollment in the state increased 42 percent, from approximately 21,000 to 30,000, between 2019 and 2023.
There's a good reason for this trend. Unlike most traditional schools, homeschooling can be designed to meet a child's unique needs and learning preferences. This personalized approach lets students explore their passions in greater depth and progress at their own pace. Some parents also feel that homeschooling is a safer, more supportive environment that allows children to flourish without the pressures and disruptions of a larger learning environment. Additionally, online resources, educational software, and virtual learning platforms have made homeschooling more accessible and engaging.
Nevertheless, parents who choose homeschooling in Washington face a range of challenges, from legal obligations and curriculum decisions to worries about socialization and resource accessibility. These issues demand thoughtful deliberation and adept management. Both parents and policymakers must tackle these hurdles head-on, ensuring equitable access to high-quality education for all children, whether in conventional schools or homeschool environments. If your homeschooled child encounters difficulties accessing necessary services and support, it's vital to be aware of your parental rights.
If you are homeschooling or intend to homeschool your child, the Lento Law Firm's Education Law Team can represent you when grappling with legal issues such as whether you are in compliance with Washington's homeschool statute, disagreements with public school districts, concerns about compulsory education, and more. Call us today at 888.535.3686 or tell us about your case online.
Washington's Education and Homeschool Laws
In Washington, the law requires that all children between the ages of 8 and 18 attend public or private school full-time. As a parent, it is your duty to ensure that they attend school regularly. You may only refrain from registering your child in or legally removing your children from school if you meet specific exceptions listed in RCW § 28A.200.020(2).
Washington parents desiring to give their children a home-based education may be relieved that the state only requires a moderate number of regulations. You have two legal paths to homeschooling. First, you may homeschool if you meet all five elements of Washington's Homeschool Statute. Initially passed in 1985, this statute requires parents to:
- File a declaration of your intent to homeschool. Parents must file a signed note of intent to homeschool with the local superintendent by September 15th or within the first two weeks of the start of any public school quarter, trimester, or semester. The notice must include the child's name and age, indicate if a certificated person will supervise the instruction, and be written in the specific format required by the superintendent. You must file the Declaration every year you are homeschooling.
- Meet one of four teacher qualifications. Only certificated persons will be allowed to homeschool their children. The state may deem you appropriately certified to homeschool your child (and your child only) if:
- you have 45 college quarter credits or the equivalent in semester credits, or,
- you have completed a course in home-based education at a post-secondary institution or,
- the superintendent of the local school district has deemed you qualified to provide a home-based education or,
- you are being supervised by a certified person.
- Teach the requisite number of days per year. You must teach 180 days or an average of 1,000 hours per year.
- Teach the required subjects. In Washington, a homeschool curriculum must cover reading, writing, spelling, science, math, language, social studies, history, occupational education, and art and music appreciation.
- Conduct an annual assessment. You must ensure that your child's educational progress is assessed each year. You can do this by ensuring that your child takes a state-approved standardized test administered by an officially qualified person. Alternatively, you may have your child evaluated by a certificated person. The assessment must be retained as part of your child's permanent school record; however, you are not required to show the results to anyone.
Homeschooling Through a Private Institution
Washington's second option for a home-based education is through a private or denominational school. Certain private schools in Washington allow families to operate homeschool curriculums through their institution as an extension or satellite program. If you don't qualify to homeschool your child under the Homeschool statute or prefer to be affiliated with a school, this option may be right for you. You and your child will still be subject to the legal requirements listed above with respect to minimum educational hours and curriculum subjects. However, the school may have additional requirements for homeschoolers that you must agree to comply with to enroll your child.
Withdrawing From Public School
Once the state has affirmed that your child may be homeschooled, you must formally withdraw your child from the school in which they're enrolled (if they have been previously enrolled). Your child's school may have its own withdrawal form, but you may also draft your own. If you go this route, the withdrawal letter should give the name of your child, the school's name, and the effective withdrawal date, and it must be signed and dated. To ensure the school receives the form or letter, address it to the principal and send it via certified mail/return receipt requested. Be sure to keep a copy of the letter and the return receipt in case any questions arise. If the school has not received your withdrawal letter, they might mark your child as truant, which could trigger a host of complications for you and your child.
Declaration of Intent to Homeschool Exceptions
As stated above, homeschoolers must file an annual Declaration of Intent to homeschool with their local school district's superintendent. However, keep in mind that if your child is under eight years old, you are not required to file the Declaration, as education is not compulsory for that age group. Despite what some school officials may argue, even if your child is enrolled in public school, you do not have to file a Declaration of Intent if you want to withdraw them and they're under eight years old. Once your child turns 8, you must immediately file a Declaration of Intent and ensure you meet all the criteria for legally homeschooling your child.
Record-Keeping for Homeschoolers in Washington
As a homeschooling parent, you are legally required to keep records of your child's annual test scores, assessment reports, immunization records, and any other records related to their educational activities. However, the law does not specify how these records should be kept. These private records do not need to be shared with any state agency, but you should keep them in good order. If you later decide to enroll your child in a traditional school setting, the school administration will likely request and consider them a prerequisite to admission. Failing to keep your child's records complete could seriously impact their future educational career.
A Homeschooler's Right to Access to Public Schools
Homeschooling parents should be aware that their children have the right to take classes part-time at public schools. Homeschoolers otherwise eligible to attend public school are considered “regular members” of the nearby public school once they've filed their intent to homeschool there. Under RCW § 28A.150.350, school districts are required to allow the enrollment of part-time students participating in home-based education programs and provide them with course and ancillary services. Ancillary services may include, but are not limited to, psychological services, remedial instruction, speech and hearing therapy, counseling, tutorial services, and even home or hospital instruction for physically disabled students. You should not hesitate to work out an arrangement with your local school if you believe a part-time arrangement would best serve your child's interests.
In addition, homeschooled students have the right to participate in school sports and interscholastic contests and competitions through the Washington Interscholastic Activities Association (WIAA). If your child is eligible for a particular team or sport, the WIAA will provide an academic plan contract, which must be signed by the student, parents, the public school principal, and the athletic director. While WIAA rules are not codified by law, teams that refuse to accept an otherwise eligible homeschooled student could be disqualified from play.
Special Education Provisions for Washington Homeschoolers
A homeschooled student with special educational needs in Washington state has no additional requirements. The laws apply equally to all students. However, like other students, special needs students may benefit from being part-time students in their local public school. Part-time enrollment would make them eligible for the ancillary services described above.
Testing and Assessment Requirements for Washington Homeschoolers
Under RCW 28A.200.010, parents have the duty to ensure that their child takes a state board-approved standardized achievement test every year. The law requires that a qualified individual administers the test. Washington's Board of Education has sanctioned the use of tests evaluated by nationally recognized test review organizations. Alternatively, parents must ensure that their child's academic progress is assessed annually by a certificated person currently working in education.
The test and assessment will be made part of the student's permanent record. If the results of the tests or assessment show that the student isn't making reasonable progress consistent with their age or developmental stage, the parents are required to “make a good faith effort to remedy any deficiency.” If a parent fails to comply with these duties, the state will deem them as having no valid justification for failing to ensure that their child attends school under RCW 28A.225.020.
Consequences of Failing to Comply with Washington's Homeschool Laws
Although homeschooling parents must ensure that their child takes annual testing or assessment and adhere to all the homeschool regulations, the state does not independently verify whether parents are compliant. Unlike many other states, educational neglect is not included in Washington's definition of neglect. However, if someone suspects that a homeschooling family is not complying with state law, they can report the family to the local school district. The school district will likely try to work with parents to improve the situation. If the problem does not improve, the district may take action against the parent under Washington's truancy laws, which could result in a court hearing and fines.
We Help Defend Your Right to Homeschool
As home-based instruction gains traction in Washington, various challenges are bound to surface. These may range from adhering to legal mandates to securing adequate resources to clashing with school districts or schools over-interpreting state laws and regulations. Homeschooling families must take proactive measures in their educational endeavors. As both parents and policymakers tackle these challenges, it is crucial to safeguard your rights and guarantee that your children have access to high-quality educational options.
The Education Law Team at the Lento Law Firm is here to help you address any inquiries you may have regarding your homeschooling rights, and we can provide representation in case of conflicts with authorities. Our commitment lies in advocating for your rights and ensuring you receive the necessary support and resources to deliver a top-notch education to your children.
If you're homeschooling parents who have found yourselves dealing with compulsory education issues, unfair standardized testing requirements, or facing hurdles with schools, districts, or other authorities, our skilled education attorneys are ready to assist. Our Education Law Team understands the intricacies of homeschooling regulations in Washington, knows your rights, and will diligently safeguard your interests while championing your rights. Contact us today to learn more about how we can assist you in your homeschool journey. Call at 888.535.3686 or get in touch online. We want to help you and your child achieve the home-based educational experience they're entitled to.
