CURRENT GRADE: D
Texas offers publicly funded charter schools, but all oversight is still provided by state or local government. There are no tax dollars that currently follow the student nor are there any tax incentives for donations to education programs. The Governor and the new legislature have signaled that more education freedom could be coming in the 2025 session.
Texas is a very homeschool friendly state with no reporting requirements to state or local agencies.
Compulsory education is required for children ages 6-18 years old.
Education Options
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- Public schools that receive state but not local funding. State, not local, oversight is the norm.
- Enrollment is open to any student, not just those in the residing district/zone.
- Charter schools operate under a contract with an “authorizer” which is either the state Texas Education Agency or a local school district.
- Education Savings Accounts: legislation narrowly failed to adopt ESAs in 2024. New legislature members have indicated there are now enough votes to pass sweeping school choice legislation in 2025. The TX legislative session is from Jan 14-June 2, 2025.
Homeschooling Laws
Here are state laws on the topic of homeschooling:
- A Texas Supreme Court case, TEA v. Leeper (1994) established that homeschools are exempt from compulsory attendance and are categorized as a type of private school.
- There are no requirements to register or contact local or state government unless the student is a current public school student then withdrawal requirements may be necessary.
- Athletic Participation: Extracurricular participation is governed by state law HB547. Each district may decide whether homeschool/private school students participate in activities such as athletic teams. Students must reside within the district and may be charged for participation. Students may also be required to meet other standards such as academic standards, etc.
Religious Exemptions
There are no specific religious exemptions to education, but robust homeschooling freedom would permit families with religious reasons to freely homeschool.
The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.
It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)
