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 Missouri 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 Missouri.
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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Missouri Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Missouri. Includes a link to a legal analysis of laws relating to homeschooling in Missouri.
Missouri Department of Elementary and Secondary Education
This is the official website for the Missouri Department of Elementary and Secondary Education.
Logging Homeschool Hours
Homeschooling parents in the State of Missouri are required by law to keep a plan book, diary, or other written record showing subjects taught and educational activities engaged in. (RSMo167.031) They are also required to keep samples of the student’s academic work, and a record of the evaluations of the student’s academic progress.
Section 210.167 Report to school district on violations of compulsory school attendance law--referral by school district to prosecutor, when.
210.167. If an investigation conducted by the division of family services pursuant to section 210.145 reveals that the only basis for action involves a question of an alleged violation of section 167.031, RSMo, then the local office of the division shall send the report to the school district in which the child resides. The school district shall immediately refer all private, parochial, parish or home school matters to the prosecuting attorney of the county wherein the child legally resides. The...
Home Schooling
Home schooling is one of the options available for meeting the state's compulsory attendance law, Section 167.031, RSMo. The Department of Elementary and Secondary Education does NOT regulate or monitor home schooling in Missouri. Neither the State Board of Education nor the Department have authority to issue regulations or guidelines concerning home schooling. Nonetheless, they receive many questions from parents and educators about this topic. The documents and resources listed here are inte...
Section 167.061 Penalty for violating compulsory attendance law.
167.061. Any parent, guardian or other person having charge, control or custody of a child, who violates the provisions of section 167.031 is guilty of a class C misdemeanor. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three public school days, after which each successive school day shall constitute a separate violation of section 167.031. The fine or imprisonment, or both, may ...
Section 167.042 Home school, declaration of enrollment, contents--filing with recorder of deeds or chief school officer--fee.
167.042. For the purpose of minimizing unnecessary investigations due to reports of truancy, each parent, guardian, or other person responsible for the child who causes his child to attend regularly a home school may provide to the recorder of deeds of the county where the child legally resides, or to the chief school officer of the public school district where the child legally resides, a signed, written declaration of enrollment stating their intent for the child to attend a home school within...
Families for Home Education (FHE)
The purpose of FHE is to protect the inalienable right of parents in Missouri to teach their own children without state regulation and control.
Missouri LoggerRhythms
A database program for homeschool record keeping according to Missouri Law.
Section 167.031 School attendance compulsory, who may be excused--nonattendance, penalty--home school, definition, requirements--school year defined--daily log, defense to prosecution--compulsory attendance age for the district defined.
167.031. 1. Every parent, guardian or other person in this state having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of seven years and the compulsory attendance age for the district is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section. Any parent, guardian or other person who enrolls ...
Section 167.051 Compulsory attendance of part-time schools.
167.051. 1. If a school board establishes part-time schools or classes for children under seventeen years of age, lawfully engaged in any regular employment, every parent, guardian or other person having charge, control or custody of such a child shall cause the child to attend the school not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the evening during the school year of the part-time classes.
2. All children who are under eighteen year...
Home Schooling Information
The current statutory provisions for home schooling are summarized by the Missouri Department of Elementary and Secondary Education.
Section 162.996 Handicapped children attending private, parochial, parish or home schools, districts
162.996. 1. Special educational services may be offered during the regular school day. Children who attend special educational services in the district and who otherwise attend a private, parochial, parish or home school shall be in compliance with section 167.031, RSMo.
2. A public school district shall be entitled to state aid for resident handicapped children who attend special educational services and who otherwise attend private, parochial, parish or home schools. State aid shall be cal...
Section 167.071 School attendance officers in seven-director districts, powers and duties--powers of police officers in certain areas.
167.071. 1. In school districts having seven or more directors the school board may appoint and remove at pleasure one or more school attendance officers and shall pay them from the public school funds.
2. Each attendance officer has the powers of a deputy sheriff in the performance of his duties. He shall investigate the claims of children for exemptions under section 167.031, and report his findings to the person authorized by that section to grant the exemption sought. He shall refer all ...
Families for Home Education (FHE) Legislative Updates
Read on the latest lobbying efforts and pending legislation for possible impact on home education rights.
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