In the early 1900's over 70 percent of the students in Texas were home schooled. Over the years, that percentage dropped as the State took over that function and the populace basically trusted the State with the task. In the 1960's, that trust was violated as court cases purged God from the public schools. By the mid to late 1970's people were beginning to consider radical change -- home schooling.

In the early 1980's the Texas school system started to crack down on home schoolers. In March 1985 a class action lawsuit was filed on behalf of all home schoolers in Texas. This became known as the Leeper vs. Arlington class action suit. In April of 1986 the State Board of Education held a public hearing to discuss home schooling in Texas. About 6,000 people appeared, most in support of home schooling.

In 1987, the Leeper vs. Arlington lawsuit came to trial. As a result the judge issued the following decision:

“A school-age child residing in the State of Texas who is being educated in a bona fide manner by the parents, or those standing in parental authority, in or through the child’s home using a curriculum, consisting of books, workbooks, other written materials, including that which appears on an electronic screen of either a computer or video tape monitor, or any combination of the preceding from either (1) a private or parochial school which exists apart from the child’s home or (2) which has been developed or obtained from any source, said curriculum designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship, is in attendance upon a private or parochial school within the meaning of Section 25.086(a)(1) of the Texas Education Code and exempt from the requirements of compulsory attendance at a public school.”

The state lost an appeal in 1991 and again in 1994.

Here is an informative quote from the THSC site:

"As a result, the only requirements for home schooling to be legal are that (1) the instruction be bona fide (i.e. not a sham); (2) the curriculum be in visual form (e.g. books, workbooks, video monitor); and (3) the curriculum include the basic subjects of reading, spelling, grammar, mathematics, and good citizenship. Parents may obtain curriculum materials from outside sources or develop their own. They may also send their children into the home of another parent for instruction or have a tutor come into the home for all or part of the instruction."

With these clear guidelines, home schoolers now know what their rights and obligations are with respect to the law in the state of Texas.

Visit the THSC site for much greater detail on this story The History of Home Schooling

The following links will also provide more insight to the legal aspects of Home Schooling

Please consider joining these two organizations as they continue the fight for the freedom to home school.