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 Oklahoma 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 Oklahoma.
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
Unschooling and The Law in Oklahoma
Homeschooling is a right guaranteed by the Constitution of Oklahoma, and by state statute. Oklahoma has placed very few legal restrictions on homeschooling, and as a result it is very easy to meet the state requirements. Parents can provide for their child any kind of education they choose.
Oklahoma Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Oklahoma. Includes a link to a legal analysis of laws relating to homeschooling in Oklahoma.
70 O.S. 11-103
A. Courses of instruction approved by the State Board of Education for use in school years prior to 1993-94 shall be those courses that are necessary to ensure: 1. The teaching of the necessary basic skills of learning and communication, including reading, English, writing, the use of numbers and science; and 2. The teaching of citizenship in the United States, in the State of Oklahoma, and in other countries, through the study of the United States Constitution, the amendments...
40 O.S. 80
The age and schooling certificate shall not be approved until the parent or guardian of such child shall present a school attendance certificate as hereinafter prescribed. A duplicate of such age and schooling certificate shall be filled out and sent by the school officer, before whom the same is made, to the Commissioner of Labor. The blank forms for school attendance certificate and for the age and schooling certificate shall be supplied to the principal, headmaster, or equivalent ad...
70 O.S. 10-109
A. An attendance officer, any school administrator, or designee of the school administrator who is employed by the school, or any peace officer may, except for children being home schooled pursuant to Section 10-105 of the Oklahoma Statutes, temporarily detain and assume temporary custody of any child subject to compulsory full-time education, during hours in which school is actually in session, who is found away from the home of such child and who is absent from school without lawful ex...
Oklahoma Department of Education
This is the official website for the Oklahoma Department of Education.
70 O.S. 10-105
A. It shall be unlawful for a parent, guardian, or other person having custody of a child who is over the age of five (5) years, and under the age of eighteen (18) years, to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school, unless other means of education are provided for the full term the schools of the district are in session or the child is excused as provided in this section. One-half (1/2) day of kindergarte...
Sample Withdrawal Letter
For use by those parents who are withdrawing their child from public school. Provided by HERO of Oklahoma.
40 O.S. 79
The age and schooling certificate shall be approved by the principal, headmaster, or equivalent administrative officer of the school which the child attends or should be attending or by one of the child's parents if the child is being schooled at home, who shall, for the purpose of this article, be empowered to administer an oath. The principal, headmaster, or equivalent administrative officer of the school which the child attends or should be attending or by one of the child's parents i...
Homeschooling Litigation: Preparing the Way
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.
Attorney General of Oklahoma - Opinion 73-129 (1973)
An Attorney General's Opinion, No. 73-129, was issued in response to four questions submitted by the State Superintendent of Public Instruction. In it, the Constitution, the Statutes, and several court cases were quoted to answer the Superintendent's questions.
Oklahoma School Districts
Comprehensive listing of all school districts in Oklahoma with links to their individual websites.
Association of HomeSchool Attorneys (AHSA)
AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.
47 O.S. 6-107.3
A. The Department of Public Safety shall deny a license, restricted license, or instruction permit for the operation of a motor vehicle to any person under eighteen (18) years of age who does not, at the time of application, present documentation that such person: 1. a. is a student enrolled in a public or private secondary school, including any area vocational-technical school, of this state or any other state, b. has received a diploma o...
Section XIII-4: Compulsory school attendance.
The Legislature shall provide for the compulsory attendance at some public or other school, unless other means of education are provided, of all the children in the State who are sound in mind and body, between the ages of eight and sixteen years, for at least three months in each year.
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