By Mrs. Nita | HeroesMart Academy
Homeschooling is a beautiful, bold choice. It gives parents the freedom to shape their children’s education through faith, purpose, and personalized instruction. But here’s the truth—you can’t just wake up one morning and decide to homeschool without checking the legal requirements.
Whether you’re just starting out or have been homeschooling for years, knowing your state’s laws is essential for protecting your family, your rights, and your peace of mind.
So let’s break it down together:
✅ Is homeschooling legal in all 50 states?
✅ What are the differences between states?
✅ What should you do to comply—right now?
Yes, Homeschooling Is Legal in Every State—But There’s a Catch
Let’s get the good news out of the way:
✅ Homeschooling is legal in all 50 U.S. states.
But here’s what many parents don’t realize:
🔍 Each state has its own rules.
Some are hands-off and flexible. Others require formal reporting, testing, and detailed documentation.
So while homeschooling is your right—it’s a regulated right. And knowing how to exercise it lawfully is part of your responsibility as a home educator.
The 3 Main Types of Homeschooling Laws in the U.S.
To simplify this, homeschool laws can usually be grouped into three categories based on the level of state oversight:
- Low-Regulation States
These states have minimal requirements. You may not even need to notify anyone that you’re homeschooling!
Examples: Texas, Idaho, Oklahoma, Missouri.
✅ No standardized testing
✅ No portfolio reviews
✅ Parents have full instructional freedom
Great for families who want maximum flexibility, but you’ll still want to keep personal records (just in case).
- Moderate-Regulation States
These states require more communication. You usually have to file a notice of intent and sometimes provide basic records or test scores.
Examples: North Carolina, Florida, Washington, Arizona.
📝 Notification of intent required
📚 Periodic assessments or evaluations
📄 Basic record-keeping like attendance or subject lists
You’re still in the driver’s seat—but the state rides along in the passenger seat checking in from time to time.
- High-Regulation States
These states have stricter oversight. Parents may need to submit curriculum plans, allow home visits, or follow teacher certification requirements.
Examples: New York, Pennsylvania, Massachusetts, Vermont.
📅 Annual evaluations or testing
🧾 Required submission of curriculum or educational plans
🧑🏫 In some cases, the teaching parent must have a high school diploma or higher
You’ll want to stay organized, informed, and possibly connected to a local homeschool advocacy group.
How to Find Out the Law in Your State
The best way to find out what applies to you is to visit a reliable source. Here are your top three:
✅ HSLDA – Home School Legal Defense Association
A gold standard in homeschool law support. Click your state and get an easy breakdown of laws, notices, testing, and more.
✅ Your state’s Department of Education website
Look for terms like “home instruction,” “private home education,” or “non-public schooling.”
✅ Local homeschool co-ops or groups
These groups can give you insider insights, templates for notices, and state-specific best practices.
Top 5 Legal Steps for Starting Homeschooling
Let’s walk through the practical next steps most parents need to take, regardless of state.
- Submit a Notice of Intent (If Required)
Some states want you to notify them before you withdraw your child from public or private school.
➡️ This may be a simple letter or a form.
➡️ It typically includes your name, address, child’s name, and school year.
- Maintain Attendance Records
Even in low-regulation states, it’s wise to track your school days.
Most states expect around 180 days per year, or 900+ instructional hours.
➡️ Use a simple calendar, spreadsheet, or homeschool planner.
➡️ Stay consistent and organized in case you ever need to show it.
- Follow Subject Requirements
Some states specify what subjects must be taught—usually math, English, science, and civics.
➡️ You have the freedom to teach how you want (curriculum-wise), but you may need to show you are covering these topics.
- Do Annual Testing or Evaluations (If Applicable)
You may be required to:
- Submit standardized test scores, or
- Have your child evaluated by a certified teacher or educational professional.
➡️ Check your state’s accepted tests and who qualifies as an evaluator.
➡️ Many Christian testing options are available if you prefer faith-based formats.
- Keep a Portfolio or Samples of Work
In some states, especially moderate or high-regulation, a student portfolio may be required.
➡️ Save written assignments, tests, art projects, reading lists, and even photos of learning in action.
➡️ This helps showcase progress—and encourages reflection!
What About Homeschooling Through a Private School or Umbrella Program?
Some states allow parents to homeschool under a private school umbrella, which can reduce your paperwork burden.
✅ The private school or “umbrella” handles reporting.
✅ You still teach your child at home.
✅ This option is popular in states like Florida, California, and Maryland.
Be sure to research local programs and know their fees, requirements, and curriculum flexibility.
What If Someone Challenges Your Right to Homeschool?
Unfortunately, not everyone will understand or support your decision. If a school official, social worker, or neighbor challenges your homeschooling:
- Stay calm and kind.
- Know your rights and cite your state law.
- Consider joining HSLDA or another legal advocacy group for peace of mind.
Remember: God called you to this journey. He will equip you—and protect you.
Bonus: 3 Quick Myths About Homeschooling & the Law
✅ Myth 1: “Homeschooling is illegal in my state.”
Truth: It’s legal in all 50 states—with varying rules.
✅ Myth 2: “I need to be a certified teacher.”
Truth: Only a few states have teaching requirements—and usually a high school diploma is enough.
✅ Myth 3: “I have to use the same curriculum the public school uses.”
Truth: Absolutely not. You are free to choose faith-based, classical, unit studies, or any other format that fits your family.
Final Encouragement
Don’t let fear or confusion hold you back.
God entrusted you with your children.
He has given you the right to teach them.
And He will give you the wisdom to do it well.
Yes, there are forms to file and rules to understand—but once you do that, the freedom and joy of homeschooling are yours to embrace.
You’ve got this, and you’re not alone.
Action Steps
📌 Download your free Homeschool Legal Checklist.
📌 Visit HSLDA.org/legal and click your state.
📌 Print your state’s requirements and highlight what applies.
📌 Join a local or online homeschool group for state-specific support.
📌 Visit THSC.org/ and gain access to incredible resources to support your journey (Texas-residents)
📌 Subscribe to HeroesMart Academy on YouTube for weekly help and Christ-centered encouragement or checkout our Bible-based homeschool curriculum!
Don’t forget to watch the accompanying video on Youtube!
Let’s make homeschooling not just legal—but beautiful.
https://youtu.be/m2-BNIf6H70
🙌 – Mrs. Nita | HeroesMart Academy
Mrs. Nita is co-founder of HeroesMart Academy, co-creator of Godly Learners curriculum and lead instructor at https://www.youtube.com/@HeroesMartHomeschoolAcademy. When she’s not building homeschool content, you can find her enjoying time with her husband and four little ones.