How homeschool law works in the US
Your state makes the rules. Here is how states differ, the four broad types of state law, and the few federal rules that matter to homeschoolers.
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Your state makes the rules
- Homeschooling is legal in every state and in Washington, DC.
- There is no federal homeschool law. The U.S. Department of Education says it “does not regulate or provide financial support for home schooling” – that is a state and local responsibility.
- Each state sets its compulsory school ages and decides whether homeschooling families must give notice, teach set subjects, keep records, test or be evaluated – and how parents qualify.
- Some states have a dedicated homeschool law. In others, families homeschool under the state’s private school, “umbrella” or church school, or tutor laws. Several states offer more than one option.
- Your school district usually handles notices and records, but in some states it is the state education agency. Your state guide says who.
- Going back to school is covered by state and district rules too: districts set grade placement and credit policies, and some states ask you to tell an office when homeschooling ends. Each state guide has a “Going back to public school” section – see also going back to school after homeschooling.
The four broad types of state law
Homeschool groups and researchers often sort states into four broad levels. They are a rough guide to how much paperwork to expect – not legal categories – and the details matter more than the label.
| Level | What it usually means |
|---|---|
| No notice | You don’t have to tell the state or your school district that you homeschool. |
| Low regulation | You send a notice (or file a form), but there are no required tests or evaluations. |
| Moderate regulation | A notice plus tests, evaluations or a portfolio review, at least for some grades. |
| High regulation | A notice plus tests or evaluations and other rules – for example plan approval, set subjects and hours, or more paperwork. |
Federal rules that still apply
- Special education (IDEA): Child Find covers all children with disabilities living in a state, including those attending private schools. Whether a homeschooled child counts as a private school child depends on state law. Generally the school district where you live is responsible for finding and evaluating your child. More on special education.
- Federal programs: some federal education programs can serve homeschooled students if the state regards them as private school students – that depends entirely on each state’s policies and definitions.
- School records (FERPA): you have the right to inspect and review your child’s education records. The school must let you within a reasonable time, and no later than 45 days after your request.
- Federal student aid: completing a secondary education at home counts for federal student aid if the homeschool is treated as a homeschool or private school under state law (with a homeschool completion credential where the state requires one). More on college.
Every state at a glance
Each state’s level below is our own summary of its law, checked on October 22, 2026. Open the state guide for the details, the official page and the law itself.
| State | Broad level (our summary) |
|---|---|
| Alabama | Low regulation |
| Alaska | No notice |
| Arizona | Low regulation |
| Arkansas | Low regulation |
| California | Low regulation |
| Colorado | Moderate regulation |
| Connecticut | See the state guide |
| Delaware | Low regulation |
| Florida | Moderate regulation |
| Georgia | Moderate regulation |
| Hawaii | Moderate regulation |
| Idaho | No notice |
| Illinois | No notice |
| Indiana | No notice |
| Iowa | See the state guide |
| Kansas | Low regulation |
| Kentucky | Low regulation |
| Louisiana | Moderate regulation |
| Maine | Moderate regulation |
| Maryland | Moderate regulation |
| Massachusetts | High regulation |
| Michigan | No notice |
| Minnesota | Moderate regulation |
| Mississippi | Low regulation |
| Missouri | No notice |
| Montana | Low regulation |
| Nebraska | Low regulation |
| Nevada | Low regulation |
| New Hampshire | No notice |
| New Jersey | No notice |
| New Mexico | Low regulation |
| New York | High regulation |
| North Carolina | Moderate regulation |
| North Dakota | Moderate regulation |
| Ohio | Low regulation |
| Oklahoma | No notice |
| Oregon | Moderate regulation |
| Pennsylvania | High regulation |
| Rhode Island | High regulation |
| South Carolina | Moderate regulation |
| South Dakota | Low regulation |
| Tennessee | Moderate regulation |
| Texas | No notice |
| Utah | Low regulation |
| Vermont | Moderate regulation |
| Virginia | Moderate regulation |
| Washington State | Moderate regulation |
| Washington, DC | Moderate regulation |
| West Virginia | Moderate regulation |
| Wisconsin | Low regulation |
| Wyoming | No notice |
Official sources
- U.S. Department of Education: Non-public education FAQs (home schooling)
- U.S. Department of Education: State regulation of private and home schools
- U.S. Department of Education: Homeschool regulations comparison chart (states’ information before Aug. 30, 2017)
- IDEA regulations, 34 CFR § 300.111 (child find)
- U.S. Department of Education (OSEP): Questions and answers on serving children with disabilities placed by their parents in private schools (rev. Feb. 2022) – section I, home-schooled children
- FERPA regulations, 34 CFR § 99.10 (right to inspect and review education records)
- Federal Student Aid: Dear Colleague Letter GEN-12-09 (homeschool completion and federal student aid)
Last checked against these sources: October 25, 2026.
This is general information, not legal advice – check your state’s official page. This page sums up official sources in our own words. Homeschool laws differ from state to state and can change. Check your state’s official page and your local school district’s guidance, and get qualified advice for your situation. Classfern is not affiliated with or endorsed by the U.S. Department of Education, any state education agency, school district, College Board, ACT, the GED Testing Service, HiSET, CLT or the Common App.