Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in Georgia
Past Attempts to Change GA Law
A short list of some of the legal issues homeschooling parents in Georgia have faced in the past.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
Home Education Information Resource (HEIR)
A non-partisan, non-sectarian, volunteer-only organization working to ensure that the people of Georgia and their government recognize home study, freely practiced in its diverse forms, as a legitimate choice and value it as a positive force for improving the quality of education.
Legal Issues Affecting the Homeschool Community
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
On Jumping Through Hoops
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
HSLDA's Position on Tax Credits Generally
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
New Driver's Law Affects Home Study Programs
Two distinctly different sections of the Georgia code recently collided in an effort to link compulsory school attendance with driving privileges. Home study parents began receiving conflicting information from their counties last year. Fulton County sent out information which included an attendance form and instructions which assumed that the parent was the homestudy supervisor responsible for signing the attendance form and having it notarized. Dekalb County sent already filled out and notarized attendance forms.
HEIR's Initial Statement to the Committee
The Home Education Information Resource provided the House Education Committee with a three ring binder of "resource materials" that may be of interest. A summary of the binder's content has been provided to each Committee member, along with a copy of this prepared statement.
Social Security's New Home School Flow Chart
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Just Who Is Accountable for My Child's Education? Or Accreditation Rears Its Ugly Head Again
At the recent Georgia Home Education Association (GHEA) conference, Dr. Starr Miller, a retired member of the Georgia Accrediting Commission (GAC) proposed a system by which home schools could receive some form of accreditation or certification. Centers for Independent Study would be set up to supervise home study. Along with approving curriculum, establishing a record of "clock" hours on independent study for each student, and setting standards for "passing" performance, these centers would also maintain records, issue diplomas, assist parents in setting the appropriate media and study environment for their home school, and so on. These centers could be established using existing support groups as the accrediting establishment. This accreditation would in no way guarantee admission into college for the home schooled student, according to Dr. Miller. We ask, then, what's the point? To say that a school is "accredited" sounds impressive, doesn't it? But what does it really mean? Is it truly a sign of distinction? How does it impact private education, including home schooling? Recent developments put these questions squarely before us.
Stand for Freedom
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
Homeschool Opposition: Who Are They and What Do They Want?
Homeschooling in Georgia has come under concerted attack by those who would reduce the access to homeschooling and control both the content and method of home study instruction. Who are the opponents to homeschooling, and what do they want to accomplish?
Home Education Honored in Georgia
To declare the first week in February of each year as "Home Education Week" in Georgia, HB1450 was passed by the 1997-1998 General Assembly and signed by Governor Zel Miller on 4/20/98.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
Together We Stand Free
Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.
Featured Resources

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