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 Massachusetts 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 Massachusetts.
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.
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Massachusetts Department of Education
The Massachusetts Department of Education provides this website as an information and contact source.
Official Requirements for Homeschooling in Massachusetts
In Massachusetts, there is not one simple, short answer to the question of what your local district may require of you. This is a brief look at the official requirements to homeschool in Massachusetts.
Michael Brunelle et al., vs. Lynn Public Schools (1998)
The Charles decision left the door open on the question of whether or not home visits might be required as a condition of approval of a home education plan. In 1998, in the Brunelle vs. Lynn Public Schools, that question was settled: home visits could not be deemed "essential" in determining if education was taking place; therefore, home visits could not be required as a condition of approval. (The Court did not exclude the possibility that such visits might be required in exceptional cases.) In...
In the Matter of Johnna M. Searles (1990)
In this District Court Opinion, the judge denied the request of school authorities that the child be ordered to enroll in school pending the approval of the home education program, stating such an order would be "premature at the present time." She stated that the interests of all parties "are best served if they proceed expeditiously in a serious effort to resolve the matter by agreement."
Homeschool Attorneys in Massachusetts
These attorneys have indicated that they are willing to provide legal information, consult with or represent homeschoolers on homeschooling or other legal issues they may have in their states. Most of these attorneys homeschool or have homeschooled their own children.
Current News
Current News is a section of the AHEM website that offers information on current legislative issues.
Chapter 71: Section 2 Subjects of instruction; history and civics.
Section 2. In all public elementary and high schools American history and civics, including the constitution of the United States, the declaration of independence and the bill of rights, and in all public high schools the constitution of the commonwealth and local history and government, shall be taught as required subjects for the purpose of promoting civic service and a greater knowledge thereof, and of fitting the pupils, morally and intellectually, for the duties of citizenship.
Perchemlides v. Frizzle (1978)
In Perchemlides v. Frizzle (1978), a Massachusetts court upheld the right of the nonreligious Perchemlides family to homeschool their young son. The court concluded that "the Massachusetts compulsory attendance statue might well be constitutionally infirm if it did not exempt students whose parents prefer alternative forms of education."
Ten Points from the Supreme Judicial Court's Decisions
A discussion of the Supreme Judicial Court's decisions (Charles and Brunelle) that affect homeschoolers.
Chapter 71: Section 3 Physical education.
Section 3. Physical education shall be taught as a required subject in all grades for all students in the public schools for the purpose of promoting the physical well-being of such students. Instruction in physical education may include calisthenics, gymnastics and military drill; but no pupil shall be required to take part in any military exercise if his parent or guardian is of any religious denomination conscientiously opposed to bearing arms, or is himself so opposed, and the school commi...
Care and Protection of Ivan & another (1999)
In the Ivan case, the family was brought to court by the school for refusal to provide "bare essentials of their educational plan and to allow for any evaluation…" The court placed the children in legal custody of the Department of Social Services, ruling that "…it was always open to the parents to work out an accommodation of their interests along the lines suggested by school authorities and to resolve the matter by agreement. However, the judge found that the parents never filed educational p...
The Role of School Policies and Forms
Home education policies are not laws nor contracts between schools and homeschoolers. Rather, they are tools for the administrative convenience of school officials. School districts are not required to have policies, but are free to deal with homeschoolers on a case-by-case basis.
Charles Decision: Care and Protection of Charles (1987)
The 1987 Care and Protection of Charles decision of the Supreme Judicial Court of Massachusetts (SJC) provided parents and school officials with guidelines for the process of approval of home education. The town of Canton filed a petition for care and protection, with respect to education, of two homeschooled children. The details of the case are spelled out in the decision itself. The Court, after providing guidelines by which school officials might evaluate home education plans, required Canto...
Advocates for Home Education in Massachusetts (AHEM)
Advocates for Home Education in Massachusetts (AHEM) is a nonprofit, independent, grassroots, volunteer-run, educational organization that gathers and disseminates information about homeschooling in Massachusetts through education, advocacy, and events.
Sample Education Plan
Provided by Advocates for Home Education in Massachusetts.
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