Texas is widely regarded as one of the most homeschool-friendly states in the U.S. Because of the state’s legal framework, which treats homeschools as unaccredited private schools, parents enjoy a high degree of autonomy and minimal government interference.

The Legal Foundation: Leeper v. Arlington ISD

The current landscape of Texas homeschooling was shaped by the 1994 Texas Supreme Court case Leeper v. Arlington ISD. This ruling confirmed that children taught at home are exempt from compulsory attendance laws as long as they are enrolled in a private or parochial school. Under this ruling, a homeschool qualifies as a private school if it meets a few basic requirements.

Requirements for Compliance

To homeschool legally in Texas, your educational program must meet three specific criteria:

1. The instruction must be bona fide. This means the homeschooling must be real and not a sham or a pretext to avoid truancy laws.
2. The curriculum must be in visual form. Your materials must be something that can be seen, such as textbooks, workbooks, or online computer programs. Purely oral instruction does not satisfy the legal requirement.
3. The curriculum must cover five basic subjects. You are legally required to teach:
   • Reading
   • Spelling
   • Grammar
   • Mathematics
   • Good Citizenship (typically includes civics, history, and patriotism)

Notably, science and social studies (beyond good citizenship) are not explicitly required by state law, though they are recommended and typically expected by colleges.

Getting Started: The Withdrawal Process

If your child has never attended a Texas public school, you do not need to notify anyone that you are starting a homeschool. You simply begin your program.

If your child is currently enrolled in a Texas public school, you must officially withdraw them to avoid truancy issues.

• Step 1: Send a signed letter of withdrawal to the school principal and the superintendent.
• Step 2: State that you are withdrawing your child to homeschool them starting on a specific date.
• Step 3: While not required, it is helpful to mention that your curriculum will meet the Leeper requirements.
• Step 4: The school may ask for a ‘declaration of intent’ or other forms; however, Texas law does not require you to fill out school-specific forms. Your withdrawal letter is sufficient.

Teacher Qualifications and Testing

Texas does not require parents to have any specific educational background or certifications to teach their children. Furthermore, the state does not require homeschoolers to participate in standardized testing (like the STAAR test) or submit to annual evaluations by certified teachers.

Record Keeping and Graduation

While Texas law does not require you to keep specific records, it is highly recommended that you maintain:

• Attendance logs (to prove ‘bona fide’ instruction).
• A list of subjects taught and materials used.
• Samples of the student’s work.
• A high school transcript for older students.

In Texas, parents have the legal authority to issue a high school diploma. Because homeschools are considered private schools, a parent-issued diploma is legally valid. Texas Education Code § 51.9241 requires Texas state-supported colleges and universities to treat homeschooled graduates the same as public school graduates.

School Choice and ESAs

As of 2024, Texas does not have an Education Savings Account (ESA) or a voucher program that provides public funds to homeschooling families. While there has been significant legislative debate regarding ‘school choice’ programs, no such law has been enacted for the general population. Homeschoolers in Texas remain entirely self-funded and, as a result, free from the state oversight that often accompanies public funding.

Summary of Key Statutes

• Texas Education Code § 25.086(a)(1): Provides the exemption from compulsory attendance for students in private or parochial schools.
• Leeper v. Arlington ISD (1994): Court case defining homeschools as private schools.
• Texas Education Code § 51.9241: Ensures fair treatment for homeschooled students in higher education admissions.