Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Idaho and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Idaho.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
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?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
Frequently Asked Questions
Provided by the Idaho State Department of Education, this list of questions and answers addresses some of the basics of legally homeschooling in Idaho.
Common Questions And Plain Answers About Home Schooling in Idaho
Answers to some of the basic questions about homeschooling in Idaho. Includes interpretations of the relevant laws.
Idaho Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Idaho. Includes a link to a legal analysis of laws relating to homeschooling in Idaho.
Home School Legal Defense Association (HSLDA)
The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.
33-203. Dual Enrollment.
(1) The parent or guardian of a child of school
age who is enrolled in a nonpublic school or a public charter school shall be
allowed to enroll the student in a public school for dual enrollment purposes.
The board of trustees of the school district shall adopt procedures governing
enrollment pursuant to this section. If enrollment in a specific program
reaches the maximum for the program, priority for enrollment shall be given to
a student who is enrolled full time in the public nonchart...
Pacific Justice Institute (PJI)
Pacific Justice Institute is a non-profit legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI provides free representation to parents who are unlawfully denied the right to homeschool their children. PJI also provides legal counsel to those parents wishing to homeschool, but do not know their legal options or obligations.
Home School in Idaho
A compilation of resources, Idaho laws and other information
designed for parents or guardians considering home school. Written by Shannon Page, Accreditation/Elementary Services Coordinator, Idaho Department of Education.
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
The Rutherford Institute
The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil
liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or gove...
Idaho Department of Education
The Idaho Department of Education maintains this website.
Home School in Idaho
This Idaho Department of Education page states that Idaho does not regulate or monitor home school education. This web page is intended to provide answers to frequently asked questions regarding home school in Idaho.
33-207. Proceedings Against Parents or Guardians.
Whenever the parents or guardians of any child between the ages of seven (7) years, as qualified in section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected or refused to place the child in school as provided in this chapter or to have the child comparably instructed, or knowingly have allowed a pupil to become an habitual truant, proceedings shall be brought against such parent or guardian under the provisions of the juvenile corrections act.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recog...
33-201. School Age.
The services of the public schools of this state are extended to any acceptable person of school age. "School age" is defined as including all persons resident of the state, between the ages of five (5) and twenty-one (21) years. For the purposes of this section, the age of five (5) years shall be attained when the fifth anniversary of birth occurs on or before the first day of September of the school year in which the child is to enroll in kindergarten. For a child enrolling in the first grade,...
33-202. School Attendance Compulsory.
The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. Unless the child is otherwise comparably instructed, the parent or guardian shall cause the child to attend a public, private or parochial school during a period in each year ...
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