Homeschool Laws in Montana

Low regulation Compulsory ages: 7-16 ESA Available

Note: Compulsory attendance applies to children ages 7 to 16, or until the child has completed the 8th grade.

Montana Homeschooling: A Guide to the ‘Big Sky’ State Laws

Montana is widely considered one of the most homeschool-friendly states in the U.S. classified as a low-regulation state, it offers families significant educational freedom with minimal government oversight. This guide outlines the legal pathways and requirements to ensure your family stays compliant while homeschooling in Montana.

Compulsory Attendance in Montana

In Montana, children must receive formal education between the ages of 7 and 16. However, if a child completes the 8th grade before turning 16, they are no longer legally required to attend school.

The Home School Pathway

Montana law (Mont. Code Ann. § 20-5-109) defines the requirements for a home school. To legally operate a homeschool, you must follow these steps:

1. Annual Notification

Each school year, you must notify your local County Superintendent of Schools that you intend to homeschool. This is a simple written notice that includes the names of the children being homeschooled. While there is no specific deadline in the statute, it is recommended to file this before the public school year begins or as soon as you withdraw your child.

2. Instructional Hours and Days

Montana requires that homeschools provide the same number of instructional hours as public schools:

  • 180 days per year of instruction.
  • Grades 1-3: At least 720 hours per year.
  • Grades 4-12: At least 1,080 hours per year.

3. Required Subjects

Your curriculum must include a ‘basic instructional program’ that is generally equivalent to the subjects taught in public schools. These include:

  • English Language Arts
  • Mathematics
  • Social Studies
  • Science
  • Health
  • Arts
  • Career Education

4. Record-Keeping

Parents are required to maintain two specific types of records:

  • Attendance Records: A simple log showing that you met the 180-day requirement.
  • Immunization Records: You must keep records showing your child is vaccinated OR file a legal religious or medical exemption.

These records do not need to be submitted to the state but must be made available to the County Superintendent upon request.

Teacher Qualifications

There are no specific educational requirements for parents in Montana. You do not need a high school diploma or a college degree to teach your own children.

Testing and Assessment

One of the reasons Montana is considered ‘low regulation’ is that the state does not require standardized testing, portoflio reviews, or any other form of academic assessment. Parents are solely responsible for evaluating their child’s progress.

Special Needs ESA Program

As of 2023, Montana introduced the Special Needs Education Savings Account (ESA). This program (HB 393) allows parents of students with disabilities to receive a portion of state education funds to pay for private services, including:

  • Private tutoring
  • Specialized curriculum
  • Therapy services
  • Tuition and fees

Note: If you participate in the ESA program, you may have more stringent reporting requirements regarding how funds are spent and the subjects you are teaching compared to a traditional homeschooler.

Summary of Compliance Steps

  1. File Intent: Send a letter to your County Superintendent annually.
  2. Plan Your Year: Ensure you schedule 180 days (720/1080 hours).
  3. Select Curriculum: Ensure it covers the required ‘basic’ subjects.
  4. Keep Records: Track attendance and keep immunization/exemption forms on hand.

For more information, you can contact the Montana Office of Public Instruction (OPI) or consult with legal advocacy groups like HSLDA.

Homeschool Pathways

Standard Home School

Instruction provided by a parent or guardian in a home setting.

Notification:
Written annual notification to the local County Superintendent of Schools.
Teacher qualifications:
Must be the child's parent or legal guardian; no specific degree or certification required.
Required subjects:
Basic instructional program: English language arts, mathematics, social studies, science, health, arts, and career education.
Assessment:
None required by state law.
Record keeping:
Attendance records and immunization records (or exemption) must be maintained and made available to the County Superintendent upon request.
Instruction days:
180 days/year
Instruction hours:
1080 hours/year
Special conditions:
Grades 1-3 require 720 hours; Grades 4-12 require 1,080 hours.
Legal citation:
Mont. Code Ann. § 20-5-109

Education Savings Account (ESA)

Montana Special Needs Education Savings Account Program

Established via HB 393 in 2023, this program provides funding (approximately $5,000–$8,000) for students with disabilities (IEP) to pay for private tuition, tutoring, textbooks, and other educational expenses.

Impact on homeschoolers: Participating students are considered 'ESA students.' Parents must sign an agreement to provide an education in at least the subjects of English language arts, mathematics, social studies, and science. Participation may involve additional reporting requirements to the Superintendent of Public Instruction to ensure funds are used for qualified expenses.

Official Resources

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This information is provided for general guidance and may not reflect the most recent legislative changes. Always verify current requirements with your state's Department of Education or a legal professional. This is not legal advice.

Last verified: February 08, 2026