Homeschooling in Massachusetts offers a unique legal landscape. While the state is considered high-regulation because it requires prior approval from local school districts, it also benefits from robust case law that protects the rights of parents to direct their children’s education.

The Legal Foundation

Homeschooling in Massachusetts is an extension of the compulsory attendance law, Mass. Gen. Laws ch. 76, § 1. This statute allows children to be ‘otherwise instructed in a manner approved in advance by the superintendent or the school committee.’

Because the statute is brief, the actual ‘rules’ for homeschooling were established by the Massachusetts Supreme Judicial Court in the 1987 case Care and Protection of Charles. This case created the framework that almost all Massachusetts school districts follow today.

The Approval Process: The Education Plan

Before you begin homeschooling, you must submit an Education Plan to your local school district. You should do this annually, typically in the late summer. The district must approve this plan before you are legally compliant. Your plan should include:

1. Teacher Qualifications: You must demonstrate that the instructors (usually the parents) are of ‘competent ability’ to teach. A college degree is not required; a high school diploma or equivalent is generally sufficient.
2. Subjects and Materials: You must list the subjects you will teach and a brief description of the materials or curriculum you will use. While the district can review this, they cannot dictate specific textbooks.
3. Instructional Hours: You must provide the number of hours and days of instruction. Most families align with the state public school requirement of 180 days.
4. Assessment Method: You must propose how you will evaluate your child’s progress at the end of the year.

Required Subjects

Massachusetts law (M.G.L. c. 71, §§ 1, 2, 3) requires that all students, including homeschoolers, receive instruction in the following:

• Orthography (Spelling)
• Reading and Writing
• English Language and Grammar
• Geography
• Arithmetic
• Drawing
• History of the United States
• Duties of Citizenship (Civics)
• Health and Physical Education
• Good Behavior

Assessment and Evaluation

During the approval process, you and the school district must agree on an evaluation method. You have several options under the Charles decision:

• Standardized Testing: The district may request this, but they cannot necessarily mandate a specific test.
• Progress Reports: A written summary of the child’s progress in each subject.
• Portfolio Review: A collection of the student’s work samples reviewed by the district or a qualified third party.
• Other Agreed-Upon Methods: Some districts allow for teacher evaluations or narratives.

Step-by-Step Compliance

1. Draft your Education Plan: Include your subjects, teacher qualifications, and your proposed evaluation method.
2. Submit to the Superintendent: Send your plan to your local school district office. It is recommended to send it via certified mail with a return receipt.
3. Await Approval: The district will review your plan. They may ask for more information. If they deny the plan, they must provide a reason and allow you to remedy the issues.
4. Keep Records: Maintain a record of your approved plan and the student’s work throughout the year.
5. Submit Annual Evaluation: At the end of the school year, submit the assessment results (test scores, portfolio, or report) that you agreed upon in your plan.

School Choice and Financial Assistance

Currently, Massachusetts does not offer Education Savings Accounts (ESAs), vouchers, or tax credits for homeschooling families. All costs associated with homeschooling are the responsibility of the parents. Homeschooled students generally do not have a right to participate in public school extracurriculars or classes, though some local school committees may allow it at their discretion.

Summary of Key Facts

• Compulsory Age: 6 to 16.
• Notification: Annual Education Plan for approval.
• Days Required: 180 days (standard).
• Testing: Required, but alternative evaluations (portfolios/reports) are legally protected.

For further assistance, parents are encouraged to consult the Massachusetts Department of Elementary and Secondary Education (DESE) or legal advocacy groups like HSLDA.