A non-public school is a legal classification for any school not operated by government, including private schools, religious schools, and in many states, homeschools that operate under private school statutes.
What is a Non-Public School?
Non-public school is a legal term encompassing all educational institutions not operated by government entities. This includes private schools, parochial and religious schools, independent schools, and in many states, homeschools. The U.S. Department of Education Office of Non-Public Education serves as liaison to private, independent, faith-based, and home schools at the federal level. State laws vary significantly in how they classify and regulate non-public schools.
Key Takeaways
- Federal term covering all non-government schools including homeschools
- State laws vary in how homeschools can use private school status
- Texas and California allow homeschools to operate as private schools
- Some states have separate homeschool statutes distinct from private school laws
- Private School Affidavit (PSA) in California registers homeschools as private schools
States Where Homeschools Are Private Schools
In Texas, the Texas Education Agency considers homeschools equivalent to unaccredited private schools with no state regulation required. California allows families to file a Private School Affidavit (PSA) to operate their homeschool as a private school. Indiana treats homeschools as non-accredited private schools. In these states, homeschooling falls under existing private school law rather than separate homeschool statutes, often providing strong legal protection based on established private school rights.
California Private School Affidavit
Private School vs. Homeschool Program
HSLDA distinguishes 'private homeschooling' as parents teaching at least 51% of their children's education. When a commercial curriculum, tutor, or online program provides most instruction, that's more accurately a private school arrangement than homeschooling. Charter schools and public school independent study programs are government-funded public education, not private homeschooling. These distinctions matter for legal protections, tax implications, and program eligibility.
The Bottom Line
Understanding your state's legal framework helps you operate with confidence. In states treating homeschools as private schools, you have established legal protections based on decades of private school law. In states with separate homeschool statutes, follow those specific requirements. If unsure which category applies in your state, HSLDA provides state-by-state legal summaries, or consult with your state homeschool organization for guidance.
