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.
What's Popular
Missouri Department of Elementary and Secondary Education
This is the official website for the Missouri Department of Elementary and Secondary Education.
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.
Coordinating Board for Higher Education - Title IV Assistance
The Missouri Department of Higher Education explains Title IV assistance for home educated students. While the Higher Education Amendments of 1998 provided for the eligibility of a home schooled student to receive federal student financial assistance, Congress did not provide a parallel provision for home schooled students in the statutes that define institutional eligibility. Therefore, the USDE first announced in a private guidance letter issued to the Home School Legal Defense Association in ...
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...
Families for Home Education (FHE) Legislative Updates
Read on the latest lobbying efforts and pending legislation for possible impact on home education rights.
Sample Missouri Homeschoolers' Daily Log Sheet - Part II
These log sheets can help keep track of daily/weekly homeschool activities. Designed for single child use--make copies for multiple children.
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 167.619 Most accessible care to be provided--discrimination prohibited.
167.619. When a school or school district enrolls as a Medicaid provider pursuant to section 167.606 or receives a grant under section 167.603, the department of social services shall assure that the grants or funds are used to provide the most accessible care to school age children. No resident child shall be denied or discriminated against in school children health services or Medicaid services offered by a school district or a local health department under sections 167.600 to 167.621 on the g...
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 167.052 Applicability of compulsory attendance and part-time school requirements for metropolitan school districts.
167.052. The provisions of sections 167.031 and 167.051 affecting a metropolitan school district shall be effective for the school year beginning 2007-2008 and shall terminate after the school year ending 2011- 2012.
Sample Missouri Homeschoolers' Daily Log Sheet - Part I
These log sheets can help keep track of daily/weekly homeschool activities. Designed for single child use--make copies for multiple children.
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...
Section 211.031 Juvenile court to have exclusive jurisdiction, when--exceptions--home schooling, attendance violations, how treated.
211.031. 1. Except as otherwise provided in this chapter, the juvenile court or the family court in circuits that have a family court as provided in sections 487.010 to 487.190, RSMo, shall have exclusive original jurisdiction in proceedings:
(1) Involving any child or person seventeen years of age who may be a resident of or found within the county and who is alleged to be in need of care and treatment because:
(a) The parents, or other persons legally responsible for the care and suppo...
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 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 ...
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