Is homeschooling Legal?
Yes, yes, yes, yes, yes.....
It is amazing to us, how many times we are asked this question. Primarily by people who are vehemently against homeschooling.
Often times, "educators" are far from educated about their very own profession and the history thereof. Teachers have said, "I've researched the U.S. Constitution, and nowhere does it say you have a right to homeschool!"
This is very true. It also doesn't say we have the right to go to the bathroom
- but we do. Why? Because there was no need to put such a law into practice,
as there were no compulsory education laws. Why would one write a law for a
provision for something to which no law was against? To which was natural? To
which was common? To which was acceptable? It would be like writing a law that
one needs permission to breathe. There is no purpose to it.
President Thomas Jefferson is accredited with being the founder
of public education. Many people had little education, and no means to
pay for an education for their children. It was Thomas Jefferson's desire
to provide a free education for all. In fact, an excellent article states:
What they fail to note is that Jefferson figured an education worth
having would take three years. He specified that public education should
be "a matter of local initiative and responsibility, and as free as possible
of any coercive discipline."
The article is entitled, "Rest in Peace, President
Jefferson", by renowned homeschooling author and activist Linda Dobson.
The article can be found in it's entirety at: "http://www.intellectualcapital.com/issues/issue282/item6106.asp"
No where in our Constitution does it state that we need man's permission to
conceive and bear our children; to nurse our children; to care for our children;
to love our children. If the time ever should come that we need such permission,
we are in danger of needing permission to conceive, bear, and raise our children.
For one thing society can never ask our permission, is to love our children!
To force a parent to institutionalize their child, to have someone else raise their child, would be criminal and negligent. It would contradict our U.S. Constitution and the ideals our founding father's had for this country, the United States of America - free from taxation without representation - and free to follow our dreams and paths in life - and right to raise our children who are gifts from none other than God!
In fact, as our government is structured, educational laws are NOT mandated
on a federal level. They structure has ordained each state to decipher
what is educationally acceptable within each state, so far as institutional
education is concerned. Unfortunately, many states have taken upon themselves
to also mandate homeschool laws, by which it was never intended by our
founding fathers for them to do. Their purpose was to maintain that public
education met certain standards acceptable within each states guidelines.
Nevertheless, when states have attempted to take the natural rights of parents
to home educate their children, they have lost at the federal levels.
If you are a resident of New York, we offer the regulations here at our website:
(Please remember, this does not take the place of obtaining a copy from
the SED. For information on how to contact the SED, visit our
"Synopsis" section of our
area.) If you can also view the regulations online from a state
other then New York, you can find a listing of
regulations for varying states at HSLDA's website: HSLDA.org (as well as
Lastly, an interesting article found regarding the history of education
can be found at: http://www.historychannel.com -- type "U.S. education"
in the search portion of the website.