Attendance exemption is the legal mechanism allowing homeschooled children to fulfill compulsory education requirements without attending public or private school, granted when families meet their state's specific homeschooling regulations.
What is Attendance Exemption?
All 50 states have compulsory education laws requiring children of certain ages to receive instruction. Attendance exemption recognizes homeschooling as a valid educational alternative that fulfills these requirements. The exemption isn't automatic. Families must follow state-specific procedures to establish and maintain their exempt status. Courts have generally held that homeschools are exempt from compulsory attendance because they function as a type of private school or meet alternative educational standards. The specific requirements, deadlines, and documentation vary significantly by state, ranging from minimal notification to comprehensive oversight.
Key Takeaways
- All 50 states recognize homeschooling as legal but with varying requirements
- Most states require some form of notification to establish exempt status
- Common requirements include instruction in core subjects and minimum hours or days
- Virginia is the only state with a specific religious exemption from all education requirements
- Missing filing deadlines puts families out of compliance with state law
Three Legal Approaches
States use different legal frameworks to allow homeschooling. Some states like California, Indiana, and Texas treat homeschools as private schools, requiring compliance with private school rules. Others tie homeschooling to compulsory attendance statutes that outline age ranges and instructional day requirements. Many states including Maine, Virginia, and Iowa have homeschool-specific statutes with clear guidelines for registration, curriculum, and assessments. Understanding which framework your state uses helps you know exactly what's required.
Common State Requirements
High-regulation states like New York, Vermont, Massachusetts, Pennsylvania, and Rhode Island require formal notice to the state. Many states mandate 180 days of instruction per year or a specific number of hours. Core subjects typically include English, mathematics, science, history, and social studies. Some states require parents to have a high school diploma or demonstrate ability to provide adequate education. Assessment requirements range from standardized testing to portfolio reviews to no evaluation at all.
Critical Deadlines
Avoiding Common Mistakes
Missing filing deadlines is the most common compliance error. Set calendar reminders well in advance. Keep copies of all notifications and proof of delivery. If withdrawing from public school, submit the withdrawal letter first, then file homeschool notification. When moving to a new district, notify promptly. Don't assume all states have the same rules. Track attendance and maintain records throughout the year rather than trying to reconstruct them later. Join your state homeschool organization for updates on law changes.
The Bottom Line
Securing attendance exemption is the essential first step to legal homeschooling. While the process varies dramatically by state, the common thread is taking it seriously. Research your specific state's requirements through official sources like your state department of education or organizations like HSLDA. File notifications on time, keep documentation organized, and stay current on any law changes. The administrative burden is worthwhile for the freedom to educate your children according to your values and their needs.
