Since 1985, the state of Wyoming has empowered parents to educate their children outside of the confines of traditional classroom settings. Instead of sending their children to public or private institutions, federal census data suggests that a significant minority of parents in Wyoming offer in-home instruction to their kids. In 2022, for example, approximately 5.4% of all students in kindergarten through senior year of high school were homeschooled in the Cowboy State.
If you either aspire to homeschool your children or you’re already providing this kind of instruction, you’re likely aware that simply because providing home-based education is a relatively popular opportunity doesn’t mean that it is always a straightforward one. This kind of educational approach requires time, attention, significant physical resources, and support. Yet, instead of facilitating these needs, local school districts and the state often push back against the efforts that parents make and the educational goals that they are trying to help their kids achieve.
It is possible that you’re already facing significant scrutiny in this regard. You might be butting heads with your child’s school district of residence, receiving concerning communications from the Wyoming Department of Education (DOE), or you may even be a subject of scrutiny by the Wyoming Department of Family Services (DFS). Thankfully, no matter what the details of your unique situation are, personalized legal support and guidance are available right now.
The Student Defense Team at the LLF National Law Firm practices both throughout Wyoming and throughout the U.S. As a result of our broad-based experience, we are prepared to help your family effectively navigate any homeschooling-related legal challenge that you may be facing. No issue is too complicated or straightforward for our team, so don’t shy away from seeking the support that you both require and deserve. Tell us about your situation today by dialing 888-535-3686 or by connecting with the LLF National Law Firm online. Your child’s academic future and your rights as a parent matter. We will treat any obstacles to your child’s education seriously, and will treat you and your family with the utmost respect as we seek a favorable outcome to your circumstances.
Do You Need to Take – or Effectively Respond to – Action Right Now?
Unlike many other states, the state of Wyoming makes it relatively easy for parents who want to homeschool their children to pursue that goal. However, this relative regulatory ease does not guarantee that the process of homeschooling will proceed without obstacles – some of which may be truly significant – getting in the way. As a result, it is sometimes necessary to respond to actions taken by local or state authorities. At other times, it is necessary to take action proactively if a parent’s rights, or a child’s, are somehow being stepped upon. Thankfully, in either event, there is no need to navigate such challenges alone. The LLF National Law Firm’s Student Defense Team is always available to provide personalized legal guidance and support.
Take, for example, concerns about religious freedom as applied to homeschool education. Wyoming Statutes, Title 21, govern the state’s approach to education. Section 4-101(a)(vi) of this portion of the state’s Code confirms that “…These curriculum requirements do not require any private school or home-based educational program to include in its curriculum any concept, topic or practice in conflict with its religious doctrines…” This is a heartening confirmation for any parent who chooses to homeschool. Yet, simply because a parent is not required to teach concepts in conflict with their family’s religious beliefs does not mean that those beliefs – as applied to a child’s education – are immune from scrutiny. A local school district and/or the state may push back hard against a particular approach before the rights enshrined in this section of the law will be upheld.
This is just a single example of why homeschooling parents may find themselves in need of legal support and guidance as their situation evolves. Simply because a right is articulated within the state’s code doesn’t mean that it will be honored automatically. Sometimes, it takes the effort of a skilled legal team that is willing to negotiate, appeal, and even litigate (if necessary) a particular issue before a family can benefit from a favorable outcome to a particular challenge. Sometimes, taking action – or responding to action initiated by others – is, for better and for worse, necessary.
What “Counts” as Homeschooling in Wyoming?
In order to remain compliant with the state’s homeschool laws, parents must firmly grasp what the law requires. This isn’t necessarily a straightforward task, as Wyoming’s homeschooling mandates are unique to the state. Therefore, if you’ve homeschooled children in a different state, you won’t necessarily be able to apply the exact same approach to your home-based instruction while living here.
For starters, Wyoming defines any legally protected approach to homeschooling as “a program of educational instruction provided to a child by the child’s parent or legal guardian or a person designated by the parent or legal guardian.” This seems like a pretty straightforward definition until a situation in which more than one family trying to educate their children together comes into play. Technically, the education of more than one family at a time isn’t considered homeschooling under Wyoming law. However, exceptions are made for umbrella church communities. As a result, some operators of these nonaccredited private schools may face scrutiny from the state’s Department of Family Services, stemming from concerns that they are operating as unlicensed daycares or prohibited homeschooling approaches linking more than one family without a proper exception in place. This is often a particular risk with operations catering to children younger than seven, as seven is the age at which a homeschooling parent needs to send a letter of intent to homeschool to the state.
Most of the time, it is possible to resolve concerns about the nature of a particular homeschooling operation amicably. This is why the Student Defense Team at the LLF National Law Firm broadly prefers to approach contentious matters via negotiation (or appeals, as a situation warrants), as opposed to escalating tensions in any way. Yet, it’s important to understand that should more aggressive action prove necessary in order to safeguard a child’s rights to home education, we are prepared to move forward accordingly.
Wyoming Homeschool Law – Basic Requirements
Because Wyoming doesn’t impose many requirements on parents who choose to homeschool their children, some parents are under the impression that they don’t need to follow any particular rules at all. As a result, it can be surprisingly easy to be subjected to the scrutiny of the state due to this misunderstanding.
For starters, Title 21 requires that “every person administering a home-based educational program to submit a curriculum to the local board of trustees each year showing that the program complies with” the law. State law defines a basic academic educational program as “a program providing a sequentially progressive curriculum of fundamental instruction in seven subjects: reading, writing, mathematics, civics, history, literature, and science.” It isn’t difficult to imagine that receiving pushback from local trustees concerning the ins and outs of a particular approach to a home curriculum is sometimes a cause for concern, inspiring a need for support.
With that said, it is worth noting that there is no legal requirement in Wyoming that a homeschool curriculum must align with the state’s content and performance standards that are imposed upon public educational institutions. While keeping these standards in mind can help parents prepare their children for college and/or the workforce, any pushback concerning the misalignment of the home curriculum with these standards would be misguided.
Similarly, the state doesn’t require any testing of children schooled at home, including those who participate in a traditional class environment for less than half of their educational time. While children schooled at home for any percentage of their educational time are welcome to participate in Wyoming’s state assessments at no cost to their families, this participation isn’t mandatory.
Participation in Extracurricular Activities and Local Public Opportunities
Simply because a child is primarily schooled at home doesn’t mean that they are revoking their rights to participate in services offered to the public. Namely, homeschooled children in Wyoming are entitled to participate in extracurricular activities provided by their local school district, as well as traditional classroom opportunities provided by their local school district. Not all local districts have a great deal of familiarity with this area of the law, so they may push back against homeschooling parents who seek to enroll their children in these opportunities. If this is happening to your family, know that we can help.
When it comes to extracurricular activities, if you homeschool your child, they are permitted by law to “participate in any activities which are sanctioned by the Wyoming High School Activities Association (WHSAA) and which are offered by (their local) district subject to the following.” First, your child may be required to submit any fees mandated by the WHSAA for the activity or activities that interest them. Second, your child may be required to pay the same fees that full-time public school enrollees must pay for participation. Third, your child may need to comply with any district rules or policies required of all students who are participating in a particular activity. Essentially, your child cannot be held to a higher standard when it comes to fees and/or rule-following than those observed by full-time public school enrollees participating in a given activity.
The rules are much more fluid when it comes to enrolling in traditional classroom opportunities on a part-time basis. Regarding students who have not been identified as having special needs, the state grants a great deal of authority to local school districts to either accept or reject requests from homeschooling families seeking part-time participation opportunities. With that said, school districts cannot apply “any old rationale” for a request acceptance or a rejection. School boards should have formal policies concerning part-time enrollment opportunities that are uniformly applied to all homeschooled students. Similarly, fees for such opportunities cannot be imposed on homeschooled kids unless full-time enrollees are subject to the same fees. Essentially, districts cannot lawfully treat homeschool families in disparate ways unless some sort of reasonable exception exists within a district’s uniformly applied, formal policy. As a result, if your child is being treated differently by your local district than another homeschooled child has been, your family and/or their family may have a solid reason to seek personalized legal guidance and support.
Students with Special Needs
Unfortunately, Wyoming’s laws are (arguably) frustratingly vague when it comes to students with special needs whose parents aspire to provide them with home instruction. Although the state does provide resources for students with special needs, Title 21 is not crystal clear about the extent to which these resources need to be applied to homeschooled students with special needs. Generally speaking, when a parent communicates their intention to homeschool their child with special needs to their home school district, the district “may” facilitate the development of an educational services plan for that child. It also “may” utilize a reasonably proportionate share of its federal funding for special education in order to provide the child with services. While these grey areas of the law can be freeing for parents who want to avoid district interference in their children’s education, they can potentially serve as obstacles for parents seeking to take advantage of opportunities that should be available. Under circumstances like these, know that the Student Defense Team at the LLF National Law Firm is available to negotiate a favorable resolution to such trying situations.
Concerns About Truancy
It is additionally worth noting that many parents who choose to homeschool eventually become a subject of scrutiny by the state’s Department of Family Services. Anyone who is concerned that a child is not receiving what they perceive to be a “proper” education may file a complaint with DFS. When this occurs, having personalized legal support can make a gut-wrenching situation easier to navigate.
Legal Assistance Is Available
The Student Defense Team at the LLF National Law Firm practices education law throughout Wyoming and across the U.S. As a result, we have “seen it all” and know how to pursue favorable results for our clients, no matter how complex or straightforward their concerns may be.
If you are concerned that your homeschooled child’s rights are being compromised, tell us about your needs today by calling 888-535-3686 or by contacting us online. Once we understand the kinds of challenges that your family is facing, we can craft a legal strategy that uniquely reflects your goals and needs. We look forward to speaking with you.