Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in Virginia
VHEA-announce
List intended to distribute the Virginia Home Education Association's free biweekly updates, in order to disseminate legislative and other time sensitive information. This list is announcement only. VHEA's Legislative Reports report on legislative matters that could affect homeschooling, offering information on pending legislation.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
Legal Issues Affecting the Homeschool Community
When the School Division Asks Too Much
Explains how some homeschoolers have empowered themselves and effectively handled requests for tables of contents of books or other items that are beyond the legal requirement in Virginia.
Social Security's New Home School Flow Chart
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
The Religious Exemption: Past, Present, and Future
Virginia offers a unique option to families who have religious objections to complying with the compulsory attendance statutes: the religious exemption. Explore the history of this exemption and consider the possibility of it being under threat today.
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
Handling It Ourselves
With a little support and encouragement from each other, homeschoolers can effectively respond to superintendents’ offices that overstep their bounds.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
On Jumping Through Hoops
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
Answering the CPS (Child Protective Services) Questions
Transcript of a talk given by Edwin Schuster of the Virginia Child Protective Services about the relationship between homeschoolers and CPS. The text is presented in question and answer format. Includes the rights that families have when contacted by CPS.
Evidence of Progress
Will Shaw answers the question, "What happens if the local school division rejects the test, results of the test, or the portfolio?"
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
Home Education Tax Credit? No, Thanks!
Before supporting a home education tax credit, we homeschoolers need to fully understand the legislation and its potential to benefit or harm us.
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
Should You Homeschool Another Person's Child?
Imagine this situation: You are happily homeschooling your children. Your sister-in-law has said many times that she would love to be able to homeschool her children too, if only she and her husband didn’t have to work full-time. She wonders if perhaps you wouldn’t mind including her children in your family’s homeschooling. She would file the Notice of Intent with the local superintendent, but you would do the actual instruction in your home. You tell her you’d be happy to—the more the merrier! But—is it legal? Can you, under Virginia state law, homeschool a child who is not your own?
Homeschooling and Child Abuse: No Connection
Recent news stories have highlighted several isolated cases of child abuse and presented them as indicative of problems in the homeschooling community, because they happened within families who claimed to be educating their children at home. Some of these reports have suggested that federal or state regulations requiring background checks and monitoring of homeschooling families would minimize such cases of child abuse. However, there is no need for intrusive regulation of the homeschooling community. Child abuse is a societal issue that occurs in all education settings.
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
Featured Resources

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Upside-Down Brilliance: The Visual Spatial Learner
Dr. Linda Silverman coined the term "visual-spatial learner" to describe the special and unique gifts of people who learn best through seeing and with images. This guide is a great resource as you support your homeschooling visual learner in discovering the best ways to learn and succeed. 
100 Top Picks For Homeschool Curriculum: Choosing The Right Curriculum And Approach For Your Child's Learning Style
The key to successful home education is determining your educational philosophy and linking it to your child’s learning style. Then you can make an informed decision in choosing the right educational curriculum for the child. Homeschool guru Cathy Duffy can help you accomplish these critical tasks, with her top choices from every subject area, approaching everything through a Christian worldview perspective. 
H. A. Guerber's Histories
Helene A. Guerber wrote histories for grammar school children in the 19th century. Published in 1896 by the American Book Company, ‘Guerber’s Historical Readers in the Eclectic Readings Series’ were used to introduce children to the histories of the ancient and classical world. These engaging narratives are richly detailed accounts of the lives and times of the most important people of the period, arranged chronologically. The people are placed within the context of their times, and their histor...
Alpha-Phonics
Alpha Phonics is a primer for beginning readers. It features 128 self-explanatory lessons, printed in large, clear calligraphy suitable for beginning readers. You'll find product information about Alpha-Phonics here.
A Charlotte Mason Companion: Personal Reflections on the Gentle Art of Learning
Now you can realize the joy filled homeschool of your dreams! This modern classic is written by the homeschool mom who first carried Charlotte Mason's writings to America in her suitcase in 1987. Miss Mason's books were soon republished for a new generation. After ten years of intense study and successful application of Miss Mason s principles with her own children, Karen wrote A Charlotte Mason Companion: Personal Reflections on The Gentle Art of Learning ™. Today's parents can now see what a C...