Montana

  • Homeschool statute: Parents must file annual notice with the local superintendent, provide required hours of instruction in “the subjects required of public schools as a basic instructional program,” and maintain attendance and immunization records. There are no parent qualification or assessment requirements.

Homeschool Statute

“A home school is the instruction by a parent of the parent’s child, stepchild or ward in the parent’s residence.” See Mont. Code Ann. §§ 20-5-102(2)(e) and 20-5-109.

Parents must annually notify the county superintendent of their intent to homeschool.

For grades 1, 2, and 3, 720 hours of instruction each year; for grades 4 through 12, 1,080 hours of instruction each year.

Parents must provide “an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program,” as defined and specified by the board of public education. See Mont. Code Ann. § 20-7-111.

Parents must maintain attendance and immunization records and make both available for inspection by the county superintendent upon request.

None.

If annual notice is not provided, children will be considered truant. Failure to educate is included in the state’s definition of neglect. If a family is reported to the Child & Family Services Division for educational neglect, that agency may open an investigation and involve the county superintendent. In this case, parents must demonstrate that they are providing the required hours of instruction in the required subjects of instruction.

Comply with local health and safety regulations.

Services Available to Homeschooled Students

Varies by district. In Kaptein v. Conrad School District (1997), the Montana Supreme Court ruled that school districts cannot be compelled to allow homeschooled students to take public school classes or participate in other public school programs.

No. Homeschooled students may be allowed to participate in club sports or in public school sports during grades K-8. However, homeschooled students are not permitted to participate in public school sports governed by the Montana High School Association (MHSA).

Varies by district. In Kaptein v. Conrad School District (1997), the Montana Supreme Court ruled that school districts cannot be compelled to allow homeschooled students to take public school classes or participate in other public school programs.

Varies by district. While public schools must offer evaluations to all students with disabilities within their districts regardless of what school they attend or whether they are homeschooled, public schools in Montana have no obligation to provide additional services to homeschooled students with disabilities.

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Resources:

Here’s how to report educational neglect. Have you reported educational neglect in this state? Please tell us about your experience.

Mont. Code Ann. § 20-5-102

Mont. Code Ann. § 20-5-109

Montana Homeschool Information, Office of Public Instruction

Montana, International Center for Home Education Research

Montana, State Regulation, U.S. Department of Education

This overview is for informational purposes only and does not constitute the giving of legal advice. Last updated April 2023.

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