Homeschool Laws in the U.S.: What Parents Must Know

Homeschooling in the United States is a legal right, but one that comes with varying requirements depending on where you live. The patchwork nature of homeschool state laws means what’s acceptable in one state could be non-compliant in another. That’s why understanding the legal landscape is a critical first step for any parent choosing home education.

Whether you’re pulling your child out of traditional school or starting fresh with homeschooling from the beginning, knowing the rules helps you stay within the law and avoid unnecessary stress. This article unpacks the key aspects of homeschooling regulations and provides state-specific guidance so you can move forward with confidence and clarity.

The Legal Foundation of Homeschooling in the U.S.

Federal vs. State Jurisdiction

Education in the U.S. is managed at the state level. There are no federal laws that specifically govern homeschooling. Instead, each state sets its own criteria on what qualifies as legal homeschooling.

This means that while homeschooling is allowed in all 50 states, the requirements to do so legally will differ significantly across state lines. Some states are highly regulated, requiring formal approval, assessments, and documentation. Others are quite hands-off.

The most common categories of state regulations fall into:

• High-regulation states (e.g., New York, Pennsylvania, Massachusetts)
• Moderate-regulation states (e.g., Washington, Georgia, North Dakota)
• Low-regulation states (e.g., Texas, Idaho, Illinois)

Common Homeschooling Requirements by State

What You Might Need to Do Legally

Although the details differ, there are several typical legal expectations you might encounter depending on your state.

1. Educational Qualifications

Some states ask that the parent has a high school diploma or GED, though many waive this if using a state-approved programme or certified tutor.

2. Notice of Intent to Homeschool

Most states require parents to formally notify a school district or education department that they intend to homeschool. This often includes basic details like your child’s name, age, and intended curriculum.

3. Curriculum and Subject Requirements

States may require coverage of core subjects such as Maths, English, Science, and Social Studies. A few will provide or suggest a curriculum guideline.

4. Record Keeping

Maintaining records — including attendance, work samples, and evaluation reports — may be a legal obligation in your state.

5. Assessments and Standardised Testing

Certain states mandate annual testing or portfolio reviews to ensure the child is making progress. Others leave this entirely up to the parent.

State-by-State Examples of Homeschool Laws

High-Regulation: New York

• Must file a Letter of Intent and an Individualised Home Instruction Plan (IHIP)
• Quarterly reports and annual assessment required
• Must follow set subjects and 180 days of instruction

Moderate-Regulation: Washington

• File an annual Declaration of Intent
• Must meet basic education credentials or use certified teacher support
• Must conduct annual standardised testing or assessment

Low-Regulation: Texas

• No notification required
• Must teach reading, spelling, grammar, maths, and citizenship
• Curriculum and attendance documentation are not required by law

It’s essential to refer to your specific state education department website or local homeschool associations for up-to-date information.

For help getting started with the legal side of home education, see How to Legally Start Homeschooling in Your State.

How to File a Notice of Intent to Homeschool

Step One in Legal Compliance

The Notice of Intent (NOI) is a common legal requirement. It signals to your state or school district that you are taking educational responsibility for your child.

What an NOI typically includes:

• Parent and child’s full names
• Date of birth and address
• Statement of educational plan or intent
• Signature and date

In most cases, this letter must be submitted annually. Some states also require additional information such as a list of textbooks or learning objectives.

Check submission deadlines carefully — in some regions, it must be filed before the start of the school year or within 10 days of withdrawal.

Record-Keeping and Documentation

Staying Compliant With Less Stress

Even if your state has minimal oversight, it’s still wise to maintain comprehensive records.

Suggested documentation includes:

• Test scores or portfolio reviews
• Attendance logs (number of days/hours taught)
• Lesson plans or curriculum outlines
• Samples of written work and assessments

This not only ensures compliance in stricter states but can also help in transitions back to public school or future college admissions.

To learn how to organise your documentation effectively, refer to How to Create a Homeschool Portfolio for Reviews or Colleges.

Legal Considerations for Special Circumstances

Custody, Disabilities, and Moving Between States

Joint Custody Situations

When both parents share legal custody, both must typically agree to homeschool. In contentious cases, courts may intervene.

Homeschooling a Child With Special Needs

Some states require that an Individualised Education Plan (IEP) or equivalent be submitted for approval if withdrawing from public special education services.

Relocating Across State Lines

If you’re moving, check the homeschool law in your new state before the move. You may need to pause, update your records, or refile paperwork.

Know the Rules So You Can Teach With Confidence

Legal homeschooling in the U.S. is both a right and a responsibility. By understanding your state’s requirements, filing the appropriate documents, and maintaining the necessary records, you can create a safe and compliant learning environment.

Don’t be daunted by the paperwork or variations. Thousands of parents do it successfully each year — and so can you. Reach out to local support groups, stay informed, and trust that a strong legal foundation makes for a more focused and enjoyable homeschool journey.

Start today by checking your state’s Department of Education website, drafting your Notice of Intent, and beginning this adventure on solid legal ground.