Homeschooling in Montana

Legal/Homeschool Laws

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Montana Homeschool Laws & Other Legal Issues
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 Montana 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 Montana.

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.


Featured Articles & Links Back to Top
Homeschooling Litigation: Preparing the Way
Zan Tyler
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
20-5-111. Responsibilities and rights of parent who provides home school.
Subject to the provisions of 20-5-109, a parent has the authority to instruct his child, stepchild, or ward in a home school and is solely responsible for: (1) the educational philosophy of the home school; (2) the selection of instructional materials, curriculum, and textbooks; (3) the time, place, and method of instruction; and (4) the evaluation of the home school instruction.
On Jumping Through Hoops
Helen Hegener
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
Association of Home School Attorneys-Custody Discussion Group
This list is an opportunity for homeschoolers involved in custody issues to contact other homeschoolers for information about homeschooling attorneys and experts, as well as exchange ideas and information about handling custody disputes as a result of homeschooling.
Home School Legal Defense Association (HSLDA)
The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.


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