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     New homeschoolers (and even many "old-timers") often express concerns about facing legal challenges over their decision to homeschool.  Will a neighbor turn them in?  What will the local school district do when the children are withdrawn from school?  Will someone from Child Protective Services show up on their doorstep?  We have all heard horror stories and many live in fear that they will someday be faced with something similar.

     It is important to remember that homeschooling is legal in all 50 states.  That wasn't true in the past but many homeschooling pioneers helped pave the way for those of us who are educating our children at home now.  Many court battles were fought and laws passed which enable us to homeschool our children without the need for subterfuge or fear. 

     If we believe that homeschooling is best for our children then we need to proceed with confidence.  At the same time, it pays to be aware of potential risks and take a proactive approach.  There are a number of things one can do to lessen the chance of becoming one of those horror stories we read about on the Internet or in homeschooling magazines.  Below are some steps you can all take to provide an element of security in our decision to educate our children at home.

 Quick Tips for Getting Started

1.      Be sure that this decision is right for your family.  Homeschooling is not the latest fad or something to try just because your friends are doing it.  It shouldn't be rushed into but rather should only be undertaken after a great deal of careful study and prayer.  Unless your children are in immediate danger, don't pull them out of school rashly.  Take your time, do some research, and talk to other homeschoolers.  While none of us knows what the future may bring, it isn't wise to remove your kids from school and then decide to send them back a few months later because you really weren't ready for this step.  Think it through, pray, and then commit yourself to educating your children with diligence and joy.

2.      If your children have been in public school you will need to formally withdraw them.  Check with the principal at your child's school about how to do this.  If it requires a letter, be sure to keep it brief.  There is no need to go into your reasons for removing your child.  Simply state that you will be withdrawing your child from school as of such and such a date.  Likewise, if you withdraw your child in person don't get drawn into a discussion of the problems in the public schools or the superiority of homeschooling.  Be polite and confident.  You should also request your child's cumulative file.  They may just make you a copy and keep the originals.  It is important that you obtain these.  There will be copies of any standardized tests that your child has taken and if you decide to test, it will be helpful to have these for comparison.

3.      Know the homeschooling laws.  While it is certainly helpful to hear how other homeschoolers in your area interpret the law, it is important for you to read the law yourself.  Sometimes there are different opinions on how to interpret it.  Lawmakers are not always known for their ability to write unambiguously.  Look up all laws pertaining to home education in your state and make a copy to keep for yourself.  When there are different interpretations you should carefully read the law and determine what you honestly believe it says. It is important that you abide by the law AS YOU INTERPRET IT.  This is known as "acting in good faith". 

4.      One suggestion I have heard that I will pass on is to prepare a one or two page information sheet for your homeschool. Put the name of your school on the top.  List your students and their dates of birth.  Include your state's homeschooling law.  Then write up a short explanation of your philosophy of education.  This doesn't have to be elaborate; just a few brief statements outlining your reasons for homeschooling.  If you are homeschooling for religious reasons, be sure to include that as well.  Be absolutely sure that it is grammatically correct, all words are spelled correctly, and that there are no typos.  This can be done on a typewriter but if you have access to a computer you can prepare a very professional looking document.  A nice touch would be to print it on quality paper.  Make a few copies and keep them easily accessible.  If someone official were to show up at your door questioning your homeschooling, handing them a copy of this information sheet might be sufficient to reassure them and prompt them to drop any further inquiries.    Don't put any additional private information on this paper.  It is important that we not do any more than what is required by law.  If your state does not require approval of your curriculum, for instance, don't list it.  Even if it does, this is not the place for specifics.  The purpose of the information sheet is to simply make it apparent that you are indeed homeschooling your children and they are not truant.  The addition of the state law is to demonstrate that you are aware of it and acting in accordance. 

5.      Be a good neighbor.  Oftentimes, trouble for homeschoolers comes from a neighbor.  There is much you can do to avoid this.  Don't give neighbors cause to be annoyed with you or your children.  Keep toys and trash picked up in your yard.  Mow the lawn and trim bushes regularly.  If you have an elderly neighbor who takes an afternoon nap, don't allow your children to scream and shout beneath the bedroom window where it might disturb them.  Just exercise common courtesy.  You can even take it a step further and go out of your way to be kind and friendly.  Have your children take over a plate of cookies.  Pick up a neighbor's trash cans that have blown into the street.  Offer to pick up mail or feed a pet when neighbors are out of town. You have the opportunity to be an example of kindness and caring in your neighborhood. 

6.      Relatives: Handle With Care!  I would guess that nearly all of us have at least one relative who is less than delighted with our decision to homeschool.  Once in a great while it is a relative who turns in a homeschooling family.  This is most commonly a former spouse but it is a good idea to deal with all relatives in a tactful way.  You may never convince them that homeschooling is terrific but with time, most will at least admit that it is working for your family.  Often it is grandparents who most openly express their doubts about your choice.  Try to see it from their side.  They may see it as an affront to the way they raised their own children.  They also want the best for their grandchildren and may have serious concerns about something that is so different from what they know.  Give them time to adjust.  If you can include them in the children's education, do so.  Perhaps Grandpa has an interesting hobby to share, or Grandma might enjoy teaching a young granddaughter how to bake.  Older people have had many life experiences and would enjoy the opportunity to share their stories with a younger generation.  Encourage them to talk about the Depression or other historical events they may remember.  Often, it just requires patience.  Many a skeptical grandparent has become a homeschool advocate when they witness first hand how well their grandchildren are doing. 

7.      Be aware of appearances. It is perfectly fine for your kids to wear grungy play clothes and go barefoot at home.  There is no problem if your 2 year old wants to go around in his diaper only.  However, it is not a good idea to make a WalMart run with kids who look like the ones we see on Feed The Children television tear jerkers.  Before going out in public make sure kids are in relatively clean clothes, wearing shoes, hands and faces washed, and hair combed.  Put some clothes on the baby too.  They don't need to be in their Sunday best but avoid the street urchin look.  You really don’t need people pitying your children and if they happen to ask where your kids go to school you really don't want to see the look on their faces when you tell them you homeschool.  Like it or not, people do judge by appearances. 

8.      Many homeschoolers wonder if they need some type of legal protection.  This is something each family will have to decide for themselves.  While it is probably not necessary in most cases, there may be circumstances in which families would be wise to seriously consider this.  If you feel that legal protection is a wise choice for your family, there are at least four options.  The most well-known is HSLDA (Homeschool Legal Defense Association).  NHELD is the nonreligious equivalent of HSDLA.  Another is the Rutherford Institute.  Pacific Justice Institute also represents homeschoolers.  For more general legal protection, there is Pre Paid Legal.  Carefully review each of these before deciding which is right for your family.  Do some research on the Internet and read pros and cons about each. 

9.      What do I do if someone shows up on my doorstep?  Chances are that you will never face this, or even personally know someone who has.  Still, it doesn't hurt to have a plan of action in mind.  The important thing to remember is that you do not have to let anyone in your house without a warrant.  Be polite but don't let anyone from Child Protective Services in your home without a warrant.  If they leave to obtain a warrant, you should immediately phone your spouse and then secure legal counsel.  For more specific details on how to handle a situation like this, read the next section, When Child Protective Services Call. 

10.  Maintain enough records to demonstrate that you are providing an education at home.  Some states require extensive record keeping but even for those that don't, such as OKLAHOMA,  you should keep some basic records.  Some ideas would include: an attendance sheet for each child, list of books read, resources used, examples of your children's work, etc.  For more ideas see the section, Record Keeping.

11.  Last but not least, relax! It is highly unlikely that you will ever face any challenge to your homeschooling (other than figuring out how to keep up with your housework) so don't allow fear and anxiety to overwhelm you. 

 

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