No. In general, homeschooling only becomes an issue in a divorce case when the parents cannot agree with each other about the children’s education, and it is typically only one of the many issues over which parents disagree. HSLDA supports the right of parents to determine how their children are educated and therefore does not choose sides if one parent wants to homeschool and the other does not.

When a divorce occurs after the parents have joined HSLDA as a married couple, and the parents disagree on homeschooling, HSLDA cannot ethically represent either member against the other due to the conflict of interest between the parents.

While HSLDA does not represent families in custody disputes, we can provide a free information packet containing research on domestic and custody cases involving homeschooling. Contact us to request the packet.

It depends. HSLDA’s emphasis is maintaining and advancing the freedom of homeschoolers from public school oversight. Accordingly, HSLDA generally does not use our resources to force public school districts to allow homeschool access.

Some states, however, have adopted statutes granting homeschoolers a right to access public school resources. In those circumstances, HSLDA will assist its members in obtaining access to those services to the extent allowed by law.

It depends. Special education refers to instruction or assistance in traditional academic areas such as math and language arts. Related services, on the other hand, are aids to a child—like speech therapy, occupational therapy, and physical therapy. These services indirectly improve a child’s ability to learn but are separate from traditional academic curricula. Under federal regulations, homeschooled students are entitled to seek related services in states where homeschools are considered to be private schools.

Because HSLDA’s emphasis is on guarding the freedom of homeschoolers from public school oversight, we generally do not help homeschooled students obtain access to special education in public schools. HSLDA may, however, assist member families seeking related services if they live in a state where homeschools are considered private schools. You can learn about your state’s provisions here.

Generally, yes. HSLDA’s mission of making homeschooling possible extends to helping families whose decision to homeschool subjects them to suspicions of abuse or neglect.

Many reports to child protective services (CPS) arise from a misunderstanding about homeschooling—a neighbor may see children playing outside during school hours and think that the parents are allowing them to be truant. CPS investigators and law enforcement personnel then insist they be allowed to interview the children and search the family’s home without a warrant. And if the parents are hesitant about allowing the interview or home visit, the investigators may use threats of removing the children to get the parents to comply.

We agree with what the US Court of Appeals said in the Calabretta case: “The government’s interest in the welfare of children embraces not only protecting children from physical abuse, but also protecting children’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.”

Because the right to be secure in your home is essential to your right to homeschool, we generally assist our members in an initial contact with CPS investigators to ensure that their constitutional rights are protected.

Once the initial contact is over, HSLDA’s ability to continue assisting you depends on several factors, including whether the investigation is predominated by nonhomeschooling issues outside our mission. As with all litigation matters, we assess these factors on a case-by-case basis.

No. Because our mission is to make homeschooling possible, we focus our efforts on supporting homeschool families—that is, families who are currently homeschooling or who are withdrawing their children from public school to begin homeschooling. Since transferring into public school is outside our emphasis, we do not assist members in disputes with public schools over what credits they will accept or whether they require prospective students to take placement tests.