Homeschooling Family Sues University for Violating New Dual-Credit Law

A homeschooling family has sued Sam Houston State University (SHSU), alleging that the university is violating a new state law that guarantees homeschool students equal access to dual credit courses.

The lawsuit, which was filed by attorney Tom Sanders, of counsel to HSLDA, argues that SHSU is unlawfully blocking homeschool students from enrolling in dual credit classes by requiring a Memorandum of Understanding (MOU)—which the university refuses to grant to families or individual homeschools.

The problem with that argument is two-fold.

First, earlier this year, the Texas Legislature overwhelmingly passed House Bill 3041, which requires public universities to admit homeschool students to dual credit programs “under the same criteria and conditions” as students from public, private, and parochial schools. The statute explicitly prohibits any form of discrimination based on a student's type of schooling.

Second, the university’s refusal to enter into MOUs with homeschooling families—while trying to obtain MOUs and partnership agreements with other local public schools—represents a clear difference in treatment.

“The statute is clear,” said HSLDA Litigation Attorney Peter Kamakawiwoole. “The university's refusal to comply is both unlawful and discriminatory.”

Raising obstacles

Even after the new law went into effect, SHSU denied the homeschooling family’s attempts to enroll their son directly for fall 2025. University officials repeatedly stated they would not sign an MOU with any homeschool and would not allow homeschool students to enroll without one.

Our complaint asks the court to:

• Declare that SHSU must comply with H.B. 3041 and admit homeschool students under equal terms.
• Issue an injunction requiring SHSU to enroll homeschool students in the same core dual credit courses offered to all other eligible students.
• Bar SHSU from using its MOU policy to block homeschool access statewide.
• Protect other homeschool students from similar discriminatory barriers.

HSLDA exists to protect and defend the fundamental right of parents to homeschool their children, under the full protection of the law. As we argued in our recent lawsuit against the Eastern Lancaster County (ELANCO) School District in Pennsylvania just a few months ago, homeschool students are entitled to the same legal protections that apply to any other students, and school officials are obligated to obey the law, too.

If left unchallenged, SHSU’s practices would allow universities to circumvent the legislature’s mandate and reinstate the very barriers H.B. 3041 was designed to eliminate. The issue is particularly critical in rural Texas, where homeschool students often depend on local universities for college-level coursework.

“For more than 40 years, we have stood with families against exactly this sort of discrimination,” remarked HSLDA President Jim Mason. “Homeschool freedom requires constant vigilance and support, and these sorts of cases are essential to defend it.”