Homeschool Laws by State: What to Check Before You Start
You've decided to homeschool, or you're close. Then you search for the rules and find a dozen summaries that don't agree, from sources with different agendas, some of them years out of date. It's easy to come away more worried than when you started.
Here's what helps. Homeschool laws by state vary widely, but nearly every state's requirements for homeschooling answer the same six questions. Do you have to notify anyone? What must you teach? How much time is required? Who can teach? Do you need tests or evaluations? And what records must you keep? Find your state's answers to those six, from your state's own law or education department, and you'll know what's required. This guide walks through each question with real examples from six states.
What do homeschool laws cover?
Most state homeschool laws cover the same six areas: notice to the state or district, required subjects, instruction time, who may teach, assessment, and record-keeping. States differ a great deal on how much they ask in each area. Some ask for almost nothing beyond teaching basic subjects. Others require annual notices, set hour counts, testing and an outside evaluation. Your state's answers to those six questions are your checklist.
One caution before the details. Advocacy groups and curriculum sellers publish useful summaries, and they can help you find the law. But the law itself, or your state education department's own guidance, is the final word. Rules change, and summaries lag behind. Check the primary source for your state before you file anything.
Homeschool laws by state: six states compared
These six states show how much the rules vary. Everything in this table comes from each state's statute, regulation or education department guidance, retrieved in October 2026. Laws change, so confirm with your state before relying on any line.
| Question | Texas | California | Wisconsin | Washington | Pennsylvania | New York |
|---|---|---|---|---|---|---|
| Notice | None required; withdraw from public school in writing | Private school affidavit, Oct 1-15 each year | Online form PI-1206 by Oct 15 each year | Declaration of intent by Sept 15 (or within two weeks of a term starting) | Notarized affidavit before starting, then by Aug 1 yearly | Notice of intent by July 1, then an instruction plan (IHIP) |
| Instruction time | Not set by the state | Not set for a home-based private school | At least 875 hours a year (Wisconsin statute 118) | Equivalent of 1,000 hours, grades 1-12 (Washington attendance statute) | 180 days or 900 hours (K-6) / 990 (7-12) (Pennsylvania home education law) | Substantial equivalent of 180 days: 900 hours (grades 1-6) / 990 (7-12) (8 NYCRR 100.10) |
| Subjects | Reading, spelling, grammar, math, good citizenship (in TEA guidance) | Branches taught in public schools, in English | Reading, language arts, math, social studies, science, health | 11 listed subjects, from math to appreciation of art and music | Long lists by grade band, incl. PA history and fire safety | Lists by grade under 8 NYCRR 100.10 |
| Who teaches | Parent | "Persons capable of teaching" | Parent, guardian or someone they designate | Parent meeting one of three qualification options | Supervisor with a high school diploma or equivalent | Parent or other instructors named in the plan |
| Testing or evaluation | None required | None set for a home-based private school | None required | Annual standardized test or written assessment, kept by the parent | Portfolio, tests in grades 3, 5, 8, and an annual evaluator review | Annual assessment: test or written narrative (with grade rules) |
Sources: Texas Education Agency homeschool information and July 2019 letter to administrators; California Education Code 33190 and 48222 and the California Department of Education homeschool page; Wis. Stat. 118.165 and Wisconsin DPI; Washington's RCW 28A.200.010 on declarations of intent, RCW 28A.225.010 on attendance and parent qualifications and RCW 28A.195.010 on required subjects; Pennsylvania 24 P.S. 13-1327.1 and the Pennsylvania Department of Education Home Education and Private Tutoring Guide; New York 8 NYCRR 100.10 and NYSED home instruction.
Do you need a notice of intent to homeschool?
Many states require some form of notice, such as a notice of intent to homeschool, an affidavit or a declaration, and timing is the detail families most often get wrong. In the examples above, notice ranges from none at all (Texas) to an annual filing with a fixed window (California's October 1 to 15, Wisconsin's October 15). Some states also have a separate step when you withdraw a child from public school.
What to check for your state:
- Is a notice, affidavit or declaration required, and is it yearly?
- Where does it go: the state, or your local district?
- What's the deadline, and what applies if you start mid-year?
- If your child is enrolled now, how do you withdraw them?
If your child is enrolled now, what to settle before you pull your kid out of school covers the practical side. If your state has a mid-year rule, read it carefully. Not every summary covers it, and some states' guidance doesn't address it at all.
What subjects are required?
Most states list required subjects, but the lists differ widely.
Texas guidance names five areas. Wisconsin's law names six. Pennsylvania and New York list subjects by grade band, including items like state history and fire safety. Some states also require subjects to be taught in English. Your curriculum should cover your state's list at a minimum.
A practical approach: copy your state's subject list into one page and map each item to a resource or plan. That page doubles as the start of your records, and it's the simplest answer if anyone ever asks what you teach. If you're still choosing materials, how to choose a homeschool curriculum walks through the trade-offs.
How much time do you have to teach?
Some states set a minimum and some don't. In the examples, Wisconsin's statute requires at least 875 hours a year, and Washington, Pennsylvania and New York set hour or day equivalents in their own laws (linked under the table). Texas and California's home-based private school route set no state count. Where hours are required, keep a simple log, because you may need to show them.
Hours usually count instruction, not only time at a desk. Field trips, reading and hands-on projects can often count. Check how your state defines instruction before you build your schedule around a number.
Who can teach, and are tests required?
Most states let parents teach their own children, sometimes with a minimum qualification. Pennsylvania's home education law requires a high school diploma or equivalent. Washington's parent qualification statute offers three qualification options. According to the California Department of Education, its tutor route requires a teaching credential. Its private school route asks for "persons capable of teaching." Testing ranges from none (Texas, Wisconsin) to annual tests or evaluations (Washington, Pennsylvania, New York).
Where assessment is required, note who can do it, when, and whether results are filed with the district or kept by the parent. In Washington, for example, the parent keeps the results. In Pennsylvania, an evaluator reviews a portfolio, and the parent sends the evaluator's certification to the district by June 30.
What records should you keep?
Keep records even if your state doesn't require them. A simple system covers most needs. Keep a copy of any notice or affidavit, an attendance or hours log, a list of materials per subject, and a few work samples each month. Records protect you if questions come up, and they help if your child later returns to school or applies to college.
If your state requires a portfolio, an instruction plan or quarterly reports, build those into the same system from day one. Reconstructing a year from memory in June is much harder than adding a page a week.
What are the best homeschool states?
There's no single best state for homeschooling, because the right fit depends on what you want. States with fewer requirements give more freedom and less paperwork. States with more requirements give more structure and a clearer record if questions arise. In practice, the state that matters is the one you live in, so focus on understanding its rules well.
If you're moving, compare the six questions above for both states. The biggest surprises usually come from deadlines and assessment requirements.
Common questions
Is homeschooling legal in every state? Every state gives parents at least one legal route to educate their children at home, but the route and the requirements differ. In California, for example, families usually file as a private school. Check your own state's law or education department.
Where do I find my state's homeschool law? Start with your state education department's website, then read the statute or regulation it cites. Use summaries to find the law, not to replace it.
What if my state's rules change mid-year? Rules do change. Check your state's guidance at the start of each school year and before any filing deadline.
The short version
Homeschool regulations by state differ widely, but they answer the same six questions: notice, subjects, time, who teaches, assessment and records. This week, find your state's education department page, write your state's answer to each question on one page, and note the dates. That page is your compliance checklist for the year.
Sources listed under the comparison table. Retrieved 2026-10-30, rechecked 2026-11-02. Requirements change, so confirm with your state before you file.