The state’s compulsory attendance law exempts any child who “attends a private or parochial school that includes in its course a study of good citizenship.” See Tex. Educ. Code Ann. § 25.086(a)(1).
Because the exemption to the compulsory attendance law mentions private and parochial schools but not homeschooling, the Texas Education Agency announced in 1985 that homeschooling was illegal. Homeschool parents filed a class action lawsuit, Leeper v. Arlington Indep. Sch. Dist., and in 1987 the court ruled in their favor, arguing that homeschools should be counted as private schools. The court also asserted that the Texas Constitution only authorizes the legislature to maintain public education, not private education.
This overview is for informational purposes only and does not constitute the giving of legal advice. Last updated April 2023.