Chapter 9: Legal Rights For Homeschool Families

Hard as it is to believe, homeschooling was considered illegal in most states as late as 1975, driving families underground to hide their children at home from the public school authorities. By 1993, a political miracle had occurred: homeschooling was recognized as legal in all 50 states. This analysis focuses on the legalization of homeschooling as an example of grass-roots political activism in the best tradition of vital democracies. Proponents of homeschooling fought a four-front war: in court to argue for the rights of families to select the home; in the state legislature to get homeschooling made legal; in local communities where parents worked to build support networks for their children; and in the U.S. Congress to protect homeschoolers from laws that might force children to take tests or engage in certain programs. This chapter looks at the legal revolution as it unfolded in courts and legislatures.