A Guide to Homeschool Regulations in the United States: Hawaii Through Iowa

Homeschooling is a mainstream educational choice for parents in the United States. It is legal to homeschool your children in every state. The laws governing homeschool vary greatly from state to state as there is no federal law pertaining to homeschool. This series of articles is a guide to homeschool regulations in the United States. Use this as a guide, check with your state's department of education for the most up to date rules and regulations on homeschooling. The guide is divided into parts up as follows:

Part 1: Alabama through California

Part 2: Colorado through Georgia

Part 3: Hawaii through Iowa

Part 4: Kansas through Maryland

Part 5: Massachusetts through Missouri

Part 6: Montana through New Jersey

Part 7: New Mexico through Ohio

Part 8: Oklahoma through South Carolina

Part 9: South Dakota through Vermont

Part 10: Virginia through Wyoming

Hawaii

Mandatory attendance laws in Hawaii state that all children who have reached the age of 6 and not yet attained the age of 18 by January 1 of any school year must attend school. Homeschoolers are subject to mandatory attendance.

Two options are available for homeschooling in Hawaii. First, parents can school at home with the parents providing instruction. This includes online private schools. Hawaii law states that using a home study or online only program provided by a private school does not constitute enrollment in a private school. Parents are qualified to teach their children at home with this option; there are no specific qualifications needed. In order to homeschool under this option, parents must provide the principal of the school that the child would normally attend with a notice of intent 15 days prior to starting to homeschool.

The second type of homeschool in Hawaii is a homeschool set up under the guidance of the superintendent of schools. When this type of homeschool is chosen, the person providing instruction to the children must hold a bachelor's degree in any field.

Students in grades 3, 5, 8, and 10 are required to take a norm-referenced standardized achievement test such as the Iowa Test of Basic Skills or CAT5. For all other grades parents using option 1 must provide test scores or a written evaluation of the student's progress. A written evaluation should include grades, test scores, and other work to show progress throughout the year.

Laws pertaining to homeschooling in Hawaii:

Hawaii Revised Statutes § 302A-1132(a)(5) (compulsory attendance and exemptions)

HAR Title 8-12-18 (testing requirements)

HAR Title 8-12-19 (instructor qualifications)

Hawaii Department of Education: Homeschool Information.

Idaho

Effective July 1, 2009 the homeschool regulations, Idaho Code § 33-202 state:

"...A child shall be instructed by, or at the direction of, the parent or guardian, in subjects commonly and usually taught in Idaho public schools..."

Furthermore, the code states that children who have reached the age of 7 and not yet attained the age of 16 must attend school.

There are very few other homeschool regulations in Idaho. Parents are not required to provide any notification that they intend to homeschool. Idaho does not have laws regarding the number of days or hours required for homeschooling. A parent or any other person deemed suitable by the parent may provide the actual instruction to the homeschooled children.

Two particular cases involving homeschoolers in Idaho are important to note. The first is Welker v. Independent School District of Boise City No. 1, No. 93225, Idaho District Court, May 25, 1990. In this case Judge McKee ruling states that homeschoolers are not required to answer questions from the school district pertaining to the educational program provided in the home. The second case is

In the Interest of Patterson, No. 13477, 13478, Idaho District Court, Oct. 2, 1990. Judge Dutcher's ruling determines that it is the state, not the parents, who have the burden of proof when it comes to determining if the homeschool is in compliance with the law.

Laws pertaining to homeschooling in Idaho are as follows:

Idaho Code § 33-202 (compulsory attendance and "comparable" education)

Illinois

The state of Illinois does not have a specific homeschool statute. Mandatory attendance in public school pertains to children between the ages of 7 and 17 unless the student has graduated from high school. Attendance in a private school or instruction at home that provides educational instruction in the same branches of education as the public school system will satisfy the mandatory attendance requirement. According to Illinois law, the branches of education provided by public schools are as follows: math, language arts, biological and physical sciences, social sciences, art, health, and physical education. In addition, all subjects must be taught in the English language.

Parents do not need to have any special qualifications in order to homeschool their children. Registration with the Department of Education or the Superintendent of Schools is not required. Homeschooled students are not subject to mandatory testing. Illinois homeschoolers are entitled to a tax credit. See the Illinois Education Expense Credit for more information.

Laws pertaining to homeschooling in Illinois are as follows:

105 Illinois Compiled Statute 5/26-1 (compulsory attendance)

Illinois Department of Education: Homeschooling Information.

Indiana

Indiana has mandatory attendance laws that require children attend school from the age of 7 until the age of 18, or until the student graduates. There are no specific homeschool laws. Indiana considers homeschools private schools that are not authorized or accredited by the state. The only requirements homeschoolers have regarding homeschooling is that attendance records must be kept and at the request of State Superintendent of Schools, a record of all students by age and grade level be provided upon written request.

The state of Indiana does not require homeschooled students to take standardized tests. Parents are not required to have any specific training or qualifications in order to teach their children. The Department of Education has an online form that parents can fill out. It is not a legally required form, filling out the form is entirely voluntary and at the discretion of the parent.

Laws pertaining to Indiana homeschooling are as follows:

Indiana Code § 20-33-2-4(2) (compulsory attendance)

Indiana Department of Education: Homeschool Information.

Iowa

Iowa has specific homeschool laws. Mandatory attendance is required for all children aged 7 through 16 years of age. Parents do not need to have any specific training or certifications unless they are operating a homeschool under the supervised teacher option. In this case, the parent may only provide instruction if they have an appropriate teaching license from the state of Iowa.

All students aged 8 and above are subject to mandatory yearly testing. The tests must be Iowa Test of Basic Skills, Terra Nova, Metropolitan Achievement Test 8, Iowa Tests of Educational Development, or Stanford Achievement Test. Students must perform in the 30^th percentile or higher and show educational performance at grade level. A second test may be taken in order to improve the grade. All testing is to be completed by May 1. Test results must be submitted to the state no later than June 30. Failure to show adequate yearly progress in a homeschool situation may result in the children being required to attend a public or accredited private school.

In order to legally homeschool, a parent must submit 2 copies of the Competent Private Instruction form to the school board secretary or the parent must work with the school district under the Supervised Teacher homeschool rules. Using the second option a parent must provide a certified teacher to provide instruction to the students.

Laws pertaining to homeschooling in Iowa are as follows:

Iowa Code § 299.1 (compulsory attendance)

§ 299.2 (compulsory attendance exemptions)

§ 299A (certified private tutor and testing requirements)

§ 281 IAC 31.2 - (certified private tutor requirements)

Iowa Department of Education: Competent Private Instruction (home schooling).

Sources:

Home School Legal Defense Association, Summary of Homeschool Laws in the Fifty States

Education Commission of the States, State Policies on Homeschooling by Mary Fulton, October 2009.

The National Center for Education Statistics: December 2008 Issue Brief