Maryland statutory law refers to homeschooling as “regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.” Maryland regulations also refer to homeschooling as a “home instruction program.” To operate a home instruction program in Maryland, follow the steps listed below.
There are four options for you to homeschool legally in Maryland.
Here are the options:
Option 1: Homeschooling under the portfolio option
To homeschool under this option, you’ll need to follow these guidelines.
1. File a Notice of Consent form with your local superintendent.
HSLDA members can access this form below. A Maryland home instruction regulation says that parents shall submit the notice of consent to the superintendent 15 days before starting a home instruction program. We believe this obstruction of a parent’s right to homeschool a child is unenforceable. We believe it is sufficient for a parent to file the notice on the day the student is withdrawn from public school.
On the form, select the legal option under which you are homeschooling (the portfolio option).
2. Teach the required subjects.
The required subjects are math, English, social studies, science, art, music, health, and physical education.
3. Provide the required instruction.
You must provide regular, thorough instruction in the required subjects. This instruction must be “of sufficient duration” to implement your instructional program.
4. Maintain a portfolio.
You must maintain a portfolio of your educational materials. This should include instructional materials and reading materials, as well as examples of your child’s writing, worksheets, workbooks, creative materials, and tests.
5. Respond to your superintendent’s requests to review your portfolio.
The local superintendent can review your portfolio at a mutually agreeable time and place. He or she can do this only three times a year. (In practice, this usually happens once or twice a year.) HSLDA recommends that you not bring any of your children to the portfolio review. Some school staff may believe they have the right to see your child, but any such right was abolished when the home instruction regulations were changed in 2019.
If the superintendent reviews your portfolio and determines that your child is not being educated in accordance with the regulations, he or she must notify you of these deficiencies in your program. You will have 30 days to provide evidence that you have corrected these deficiencies—otherwise the superintendent may tell you to stop homeschooling.
You can appeal a decision of the superintendent to the school board within 30 days. You can then, if necessary, appeal the school board's decision to the state board of education within 30 days.
If you are an HSLDA member and have questions about the portfolio review system, are challenged on your right to homeschool, or face other issues in this process, we recommend you contact HSLDA immediately.
6. Notify your superintendent of any changes to your homeschool status
If you stop homeschooling during the school year, or switch from one homeschool option to another, you must notify the superintendent. This is called a “change of status” notice. Also, each year before the beginning of the school year, you must communicate with the superintendent whether you intend to continue homeschooling the child. No particular form is necessary.
7. Be aware that the school cannot impose additional requirements.
Local school systems cannot impose additional requirements for your homeschool, other than those listed in Maryland’s regulations.
Option 2: Homeschooling under the church umbrella option
To homeschool under the church umbrella option, you’ll need to find a church umbrella. This is a school or institution that offers an educational program operated by a bona fide church organization.
Some homeschooled students have encountered significant problems when applying for law enforcement jobs in Maryland with a diploma issued by a church umbrella. The Department of Education takes the position that an umbrella program cannot issue a valid diploma because it is not a school.
1. Select and join a church umbrella.
You will need to pick out and join one of the many available church umbrellas before submitting your Notice of Consent, since you will need to identify the name of the umbrella you joined on the notice.
The church umbrella program must be properly set up. The church umbrella must send to the Maryland Department of Education:
- a completed church-exempt registration form, and
- documentation that establishes its bona fide church status (either proof from the Internal Revenue Service, or the church’s articles of incorporation, or evidence of traditional church practices).
2. File a Notice of Consent form with your superintendent.
HSLDA members can access this form below. A Maryland home instruction regulation says that parents shall submit the notice of consent to the superintendent 15 days before starting a home instruction program. We believe this obstruction
of a parent’s right to homeschool a child is unenforceable. We believe it is sufficient for a parent to file the notice on the day the student is withdrawn from public school.
3. Have the church umbrella supervise your instruction.
Church umbrella programs provide some level of supervision of and support for the home instruction of their members. Most umbrella programs charge a fee. Generally speaking, the more services an umbrella provides, the higher the fee it charges.
The church umbrella must supervise the instruction with
- pre-enrollment conferences,
- textbooks and lesson plan review, and
- periodic conferences with parents (these can be done by phone).
Note: You can take care of the pre-enrollment conference and the textbooks and lesson plan review in the same meeting.
4. Regularly verify your involvement in the umbrella program.
You must annually verify to your church umbrella that you are going to stay involved in the program. You must also notify your umbrella if you move, stop homeschooling, or switch from one homeschool option to another. Your umbrella program will provide various types of information to the local superintendent based on these communications. HSLDA members may use our Sample Annual Verification Letter for Umbrella Program Options, available below.
Option 3: Homeschooling under the church-exempt school umbrella option
To homeschool under the church-exempt school umbrella option, you’ll need to find a church-exempt school umbrella. This is a school operated by a church that is exempt from state school approval requirements.
1. Select and join a church-exempt school umbrella.
You will need to pick out and join one of the many available church-exempt school umbrellas before submitting your Notice of Consent, since you will need to identify the name of the umbrella you joined on the notice.
2. File a Notice of Consent form with your superintendent.
HSLDA members can access this form below. A Maryland home instruction regulation says that parents shall submit the notice of consent to the superintendent 15 days before starting a home instruction program. We believe this obstruction of a parent’s right to homeschool a child is unenforceable. We believe it is sufficient for a parent to file the notice on the day the student is withdrawn from public school.
3. Have the church-exempt school umbrella supervise your instruction.
Church-exempt school umbrella programs provide some level of supervision of and support for the home instruction of their members. Most umbrella programs charge a fee. Generally speaking, the more services an umbrella provides, the higher the fee it charges.
The church-exempt school umbrella must supervise the instruction with:
- pre-enrollment conferences,
- textbooks and lesson plan review, and
- periodic conferences with parents (these can be done by phone).
4. Regularly verify your involvement in the umbrella program.
You must annually verify to your umbrella that you are going to stay involved in the program. You must also notify your umbrella if you move, stop homeschooling, or switch from one homeschool option to another. Your umbrella program will provide various types of information to the local superintendent based on these communications. HSLDA members may use our Sample Annual Verification Letter for Umbrella Program Options, available below.
Option 4: Homeschooling under the state-approved school umbrella option
To homeschool under the state-approved school umbrella option, your local school must assign a school-based teacher to assist the home teacher and to issue progress reports, mark papers, and grade tests.
1. File a Notice of Consent form with your superintendent.
HSLDA members can access this form below. A Maryland home instruction regulation says that parents shall submit the notice of consent to the superintendent 15 days before starting a home instruction program. We believe this obstruction of a parent’s right to homeschool a child is unenforceable. We believe it is sufficient for a parent to file the notice on the day the student is withdrawn from public school.
On the form, select the legal option under which you are homeschooling (the state-approved umbrella school option).
2. Regularly verify your involvement in the umbrella program.
You must annually verify to your school umbrella program that you are going to stay involved. You must also notify them if you move, stop homeschooling, or switch from one homeschool option to another. The program will provide various types of information to the local superintendent based on these communications. HSLDA members may use our Sample Annual Verification Letter for Umbrella Program Options, attached below.
Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.