Homeschooling is legal everywhere — the details are not
If you are googling "homeschool laws by state," you are already doing the right first step. Homeschooling is legal in all 50 U.S. states and the District of Columbia. What changes from place to place is what you file, when you file it, whether your child is tested or evaluated, and what records you keep.
Two good places to start:
- The U.S. Department of Education's State Regulation of Private and Home Schools page, which links state-by-state summaries.
- HSLDA's Homeschool Laws by State map, which walks through notice, assessment, curriculum and recordkeeping requirements for each state and U.S. territory.
Neither replaces your state's own statute or department of education page. Always confirm the current wording there.
How states usually group their rules
HSLDA describes four rough regulation tiers. The labels are a teaching tool, not a substitute for the law:
| Rough tier | What parents often face | Example pattern |
|---|---|---|
| No notice | No required filing with a school district or state agency | Still teach; keeping your own records is wise |
| Low regulation | A notice, affidavit or statement of intent | Often filed once a year or once when you start |
| Moderate regulation | Notice plus testing and/or a professional evaluation | Progress shown on a set schedule |
| High regulation | Notice or testing plus extra steps | May include a written plan, approval, portfolio review or similar |
HSLDA's legal FAQs also note that you generally follow the law where you are physically present, and that if you stay in a new state for more than about a month during its school year, you should look up that state's rules.
Important: "Low regulation" does not mean "no rules." Some no-notice or low-notice states still define required subjects or hours in statute. Read the actual law.
A simple checklist that works in any state
- Look up your state's official rule. Use the ED state page or HSLDA map, then open the linked statute or department page.
- If your child is enrolled in school, withdraw in writing. Stopping attendance without withdrawing can look like truancy. Keep dated copies.
- File any required notice, affidavit, plan or approval on time. Some states have August or September deadlines; California's private school affidavit window, for example, runs October 1–15.
- Know what records or assessments you need. Attendance logs, work samples, portfolios or standardized tests — whatever your state asks for.
- Then pick curriculum. Legal setup first; shopping second. Our how to start homeschooling guide walks through the teaching side.
California families: one state, several legal paths
California is a common search for us, so here is the short version for that state only. California families often choose either:
- A private home school by filing the Private School Affidavit with the California Department of Education, or
- A public independent-study / homeschool charter, where the child is a public school student and the school may offer instructional funds.
Those are different legal paths. For the charter path — including what funds can and cannot buy — read our California-specific guide: California charter school homeschool funds. For funding options in other states, see ESA and state funds for homeschool curriculum.
What Homeschool Packets does (and does not) do
Homeschool Packets makes printable, secular worksheet packets for grades K–8. Every packet includes your child's first name, a Max & Nib comic, a full answer key, and a continuous sequence so each month builds on the last. Plans start at $7/month — see pricing.
We are not a school, umbrella program or legal service. We do not file affidavits for you, enroll students or promise that any state agency has approved us. After your state's paperwork is handled, we help with the daily work.
Sources
- U.S. Department of Education, State Regulation of Private and Home Schools
- Home School Legal Defense Association, Homeschool Laws by State and Legal FAQs
- California Department of Education, Private School Affidavit (California example only)
This article is general information for parents, not legal advice. Confirm every requirement with your state's official sources or a qualified attorney.