If you're the parent of a homeschooled child in Missouri, you probably already understand the responsibility that comes with ensuring that your child receives a quality education while learning at home. You, of course, want to make sure you are meeting all of Missouri's requirements for homeschooling, and you may also be curious about what your rights as a homeschooling parent are, as well as what rights your child may have to take advantage of extracurricular activities or special education benefits offered by local schools or school districts. The Lento Law Firm Student Defense Team has created this guide to help homeschool parents in Missouri answer some of these questions. We're also available to discuss any questions you might have – you can reach us by calling us at 888.535.3686 or feel free to schedule a confidential consultation with one of our experienced student defense attorneys.
Who Can Homeschool in Missouri?
Missouri has no specific requirements that dictate who must teach a child who is being homeschooled. This means that parents, grandparents, siblings, friends, hired tutors, or online education providers are all able to provide instruction to children being educated in a home school setting. This provides parents with a wide range of helpful options when it comes to deciding how their child will be home-schooled.
Missouri law does not require parents to formally notify the state, school district, or local school that their child is being home-schooled. That said, parents are allowed to do so by providing a “signed, written declaration of enrollment” that states that they intend to home-school their child. This can be given to their county's recorder of deeds or to the “chief school officer” of their public school district. Doing this can help minimize “unnecessary investigations due to reports of truancy.” This voluntary declaration of enrollment should be submitted within 30 days after the parent starts homeschooling their child and by September 1 of each year after that.
The declaration of enrollment must include the name and age of each child attending the home school, the home school's address and phone number, and the name of each person teaching the child in the home school.
Parents found to violate Missouri's compulsory attendance law can be found guilty of a class C misdemeanor, with the penalty (up to 15 days in jail and a fine of up to $700) able to be suspended at the judge's discretion if the child is immediately enrolled in a school – including in a home school – and if the child's “regular attendance” is proved to the court's satisfaction.
What Subjects Must Homeschoolers Teach in Missouri?
Home schools in Missouri must teach students reading, language arts, mathematics, social studies, and science, or “courses that are related to” these subjects. The courses taught must be “consonant with” or at an appropriate academic level for, the child's age and ability.
Missouri requires homeschools to provide at least 1000 hours of instruction each school year. At least 600 of those hours must cover the required subjects listed above. And 400 of those hours must take place “at the regular home school location.”
Beyond identifying the subjects that must be taught and the number of hours that must be devoted to teaching those subjects, Missouri doesn't have specific requirements as to what exactly must be taught at each grade level. That is left up to parents to decide. With that flexibility, of course, comes a significant amount of responsibility, especially because if the child ever enrolls in a public or private school, the school is likely to evaluate the student's learning progress before assigning them to a grade level.
Missouri does publish sets of detailed Learning Standards for students at various grade levels that can be helpful when determining what your child's curriculum will cover. These standards, however, are not legal requirements and exist as guidance for educators of all types.
What Records Must Homeschoolers Keep in Missouri?
Missouri has fairly detailed requirements for the types of records it expects homeschoolers to keep. Parents are required to keep the following:
- A “plan book, diary, or other written record” that shows what subjects were taught and “activities engaged in”
- A “portfolio of samples” of the work done by the child at the home school
- A “record of evaluations” of the academic progress of the child
- “Other written or credible evidence” that is equivalent to these three requirements
The record-keeping requirement does not apply to any student who is 16 years of age or older. The law also notes that homeschooling requirements “shall be a defense” to prosecution under Missouri law for failure to educate a child or for educational neglect.
In addition to meeting Missouri's legal record-keeping requirements for homeschoolers, records can help in cases where your child enrolls in a “regular” school after being homeschooled for a period of time. In addition to simply relying on an evaluation test for placement, the school can use your detailed records to determine what subjects your child has been taught, what level the instruction was at, and how your child did in those subjects. This can help in situations where a child's performance on an evaluation doesn't properly reflect what they've actually learned in the homeschool setting.
Similarly, some colleges may ask to see homeschool records when considering applications received from homeschooled students. College admission requirements vary considerably, but in the long run there are potential benefits to being able to support your child's educational progress with records that were kept throughout their homeschooling.
Keeping the required records can be an extremely effective defense to a charge that you've violated Missouri's mandatory education requirements or that you've otherwise neglected to educate your child.
If you have questions about Missouri's educational documentation requirements, or you've been accused of allowing your child to become a truant, the Lento Law Firm Student Defense Team can help. Our experienced student defense attorneys understand Missouri's home school requirements and mandatory education laws and can help you make sure you've complied with the requirements that apply to your child and your home school, as well as defend you against truancy-related charges.
Must My Homeschooled Child be Immunized?
Missouri's immunization requirements apply only to students enrolled in public, private, parochial, or parish schools. Home-schooled students are not required to be immunized.
That said, if a home-schooled student ever enrolls in a local school, even on a part-time basis, they will be expected to meet the immunization requirements. Missouri allows both religious and medical-based exceptions to immunization requirements for enrolled students. Medical exceptions must be supported by the student's doctor.
What Standardized Tests Are Homeschooled Students Required to Take in Missouri?
While Missouri has a comprehensive testing program for students enrolled in public schools, testing requirements don't apply to homeschooled students, nor are homeschooled students generally eligible to take the tests. One exception may apply in some cases. Missouri has an online school program called “MOCAP” that provides both full-time instruction and single-course programs that home-schooled students may elect to take. Because technically speaking, a student enrolled in a full-time MOCAP school is not being home-schooled, a student enrolled in a MOCAP school will be required to take Missouri state assessments.
If you have questions about whether your child will be required to take any of Missouri's standardized student tests as a result of their enrollment in a MOCAP course – whether as a full-time or part-time student – the Lento Law Firm Student Defense Team can help.
Does Missouri Require the Use of Certain Textbooks for Homeschooled Children?
Just as Missouri doesn't specifically require homeschooled students to be taught any particular curriculum aside from the generally required subjects discussed above, the state has no requirements when it comes to what textbooks parents or those educating homeschooled students must use. This leaves the decision completely up to the parents. There are typically many textbook options available for each subject, as well as a number of online educational content providers that can meet Missouri's curriculum requirements for homeschooled students.
Are Homeschooled Students Eligible for Special Education Benefits in Missouri?
While homeschooled students with special needs are not entitled to receive the same level of special educational benefits as those enrolled in public schools, they will typically be entitled to the same level of so-called “proportionate share” benefits as private school special needs students. The amount of money available for proportionate share benefits, however, is typically significantly less than for students enrolled in public schools. This will be the case even if the home-schooled child is enrolled in a MOCAP online school on a part-time basis.
If you have questions about the rights that your home-schooled special needs child has for special education benefits in Missouri, contact the Lento Law Firm Student Defense Team. We can review your child's situation with you and help you make sure your child receives all of the benefits they're entitled to under Missouri and federal law. Our experienced attorneys have helped special needs students fight for their rights in schools all across the country, including in Missouri, and are ready to help you and your child, too.
Do Homeschooled Students Have a Right to Take Any Classes at the Public School?
As noted above, homeschooled students in Missouri may be able to enroll in individual online classes through Missouri's MOCAP online school program. While Missouri law doesn't specifically give homeschooled students the right to take individual classes at their local public school, it's not prohibited either. Missouri's compulsory education law requires parents to enroll their children in “some public, private, parochial, parish, home school or a combination of such schools.” This means that individual schools or school districts may allow homeschooled students to take one or more classes at the public school.
If you are trying to enroll your child in one or more public school classes and are encountering difficulties doing so, contact the Lento Law Firm Student Defense Team for help. We can review the situation with you and be your child's advocate in discussions with your local school about the problem.
Can Homeschooled Students Participate in Interscholastic Athletics in Missouri?
The Missouri State High School Activities Association (MSHSAA) regulates interscholastic athletics in the state. It allows for homeschooled students to participate in interscholastic athletics at their local school only if the child is enrolled at some level at that school. This can be on a part-time or single-class basis. There are specific requirements that apply, however, which are found in the MSHSAA's Official Handbook.
- The student must be enrolled in the public school and taking at least “two credit-bearing, seat-time classes for a minimum of 1.0 units of credit at the high school”
- The school administration must confirm that, based on a “full academic review,” that the student meets the minimum credit requirements based on the student's in-school and homeschool course load
- The student must complete all classes and assignments by the close of the high school's semester for those classes to count towards their eligibility.
The MSHSAA has “suggested guidelines” that apply to “non-traditional students,” such as homeschooled students who wish to participate in interscholastic sports.
If your homeschooled child is running into roadblocks when it comes to trying out for sports at their local high school, the Lento Law Firm Student Defense Team can help. We regularly assist student-athletes all across the US, including in Missouri, with eligibility issues.
Can Homeschooled Students Participate in Other Extracurricular Activities in Missouri?
The MHSAA also regulates a number of non-athletic interscholastic activities in Missouri, including a number of different competitions in the fields of music, theater, speech, debate, scholar bowl, and spirit (cheer). Eligibility requirements for these activities are the same as for interscholastic sports.
In addition, individual schools may permit homeschooled students to participate in extracurricular activities, particularly if the student is enrolled in one or more classes – such as music – where an activity – such as band – may be part of or tie into the class.
Here too, the Lento Law Firm Student Defense Team can help you and your child if you're encountering difficulty in getting your local school to allow them to participate in one or more extracurricular activities.
Are Homeschooled Students Eligible for Work Permits in Missouri?
Missouri has a work permit requirement for children aged 14 or 15. It's one of the easiest requirements of any state's, because the parent of the home schooled child is able to issue the permit, in their role of “Issuing Officer.”
The Lento Law Firm Student Defense Team Can Help You With Your Missouri Homeschooling Questions
Making the decision to homeschool your child is not an easy one. As their primary educator, you take on a tremendous responsibility to your child and their future. When you have questions about what your obligations are as the parent of a homeschooled child, or what their rights are as a homeschooled student, the Lento Law Firm Student Defense Team is here to help. Our experienced attorneys understand Missouri's homeschool requirements and what your child's rights are under both Missouri and federal law. We have helped students across the country, including in Missouri, protect their rights, and our experienced attorneys are ready to help you, too.
To learn more about the many ways the Lento Law Firm Student Defense Team can help you and your homeschooled child in Missouri, give us a call at 888.535.3686 or schedule a confidential consultation with one of our experienced attorneys. Your child's future is important; let us help you protect it!
