Are Oklahoma homeschool laws the best ones?
August 2, 2009 by Homeschooling Support and Curriculum Tips
Filed under More Homeschooling Answers
We are considering moving there because they are a green hslda state and have low property taxes.
Here’s the law.
Required Subjects: None
Home School Statute: None.
1. It is unlawful for a parent of a school aged child “to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school, UNLESS OTHER MEANS OF EDUCATION [i.e., home schooling] ARE PROVIDED for the full term the schools of the district are in session.”
2. Oklahoma is the ONLY state with a constitutional provision guaranteeing the right to home school. Section 4, Art. 13 of the Constitution of Oklahoma guarantees the home school exemption by stating that the legislature “shall” provide for the “compulsory attendance at some public or other school, UNLESS OTHER MEANS OF EDUCATION ARE PROVIDED of all children in the State , between the ages of eight and sixteen, for at least three months each year.”
It seems quite evident that the “other means of education” language is directly applicable to home schooling since it was added for the specific purpose of protecting the right of parents to choose home schooling. In 1907, during the Oklahoma Constitutional Convention, one of the delegates, Mr. Buchanan, proposed that the phrase “unless other means of education be provided” be added to Article 13, Section 4. Favorably responding to Mr. Buchanan’s proposal, another delegate, Mr. Baker stated,
“I think Mr. Buchanan has suggested a solution. A man’s own experience sometimes will teach him. I have two little fellows that are not attending a public school because it is too far for them to walk and their mother makes them study four hours a day.”
As a result of this discussion on home schooling, the “other means of education” language was added to Article 13, Section 4.
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Oklahoma OK-2
3. Oklahoma law does not require parents to use certified teachers or state-approved curricula, initiate contact with, register with or seek approval from state or local officials, test their students or permit public school officials to visit or inspect homes. If a parent is teaching his children the basic subjects for at least 180 days, the law requires nothing more.
4. Home schools are not regulated, since the framers of the Oklahoma Constitution specifically intended “other means of education” to include home schooling and gave the state no authority to regulate that exemption from compulsory attendance. In Snyder v. Asbery (No. 78,045, Oklahoma Court of Appeals, Div. 2, May 18, 1993), the Oklahoma Court of Appeals returned two children to the custody of their home schooling father, reversing a lower court decision. On page 4 of the decision, the Court agreed with the home schooling father, stating “…the State Department of Education has no jurisdiction in home schooling. See 70 O.S.1991 § 3-104 … Okla. Const. art. 13, § 5….”
5. In the case, Sheppard v. Oklahoma, 306 P.2d 346 (Okla. Crim. App. 1957), the court held that requirements of school attendance laws could be met even though children were not attending public or private school. The court said “education may be furnished without attendance at any school.” Sheppard, at 353. The court also emphasized “it was incumbent on the state to offer proof” that “no other means of education was provided.” Sheppard, at 356.
In other words, the state failed to carry its burden of proof since it failed to prove that “other means of education” was not being provided. The court indicated further that, if the state finds other means of education are being provided, then they must prove that the means of education is not “adequate and comparable” to instruction in public schools. Id. at 356. The court also suggested the state could inquire about the curriculum in two areas: period of instruction and subjects taught. Id.
6. The Oklahoma Supreme Court in School Brd. Dist. No. 18 v. Thompson, 103 P. 578, 24 Okla. 1 (1909), upheld parental rights against the public school’s authority. “Under our form of government … the home is considered the key stone of the governmental structure. In this empire, parents rule supreme during the minority of their children … they may … withdraw them entirely from public schools and send them to private schools, or provide for them other means of education.
7. According to Attorney General Opinion No. 73-129 (Feb. 13, 1973) Oklahoma law recognizes the right of parents to carry out this responsibility through home schooling “so long as the private instruction is supplied in good faith and equivalent in fact to that afforded by the State.” “Equivalency” has never been defined by any court or Attorney General opinion, nor is equivalency mandated by law. However, it seems clear that the point of the Attorney General opinion is that home schooling must not be used as a subterfuge for truancy. See Wright vs. State, 209 P. 179 (1922).
8. Under Sec. 10-109(A), an attendance or police officer may detain and assume temporary custody of a child “except for children being home schooled pursuant to Section 10-105.”
Teacher Qualifications: None.
Standardized Tests: Not required by statute.
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Religious Freedom Act: Oklahoma Statutes, Section 251 of Title 51
The Religious Freedom Restoration Act (RFRA), passed with the help of HSLDA members, gives
religious home schoolers another legal means to protect their right to home school. If the parents’ free
exercise of religion is substantially burdened by having to comply with the homeschool law, the parents
may use the RFRA as a defense or file suit against the state. Under this statute, the burden is on the state
to prove that its requirement “furthers a compelling state interest” and is the “least restrictive means” of
fulfilling its interest that children be educated. This Act restores the highest protection of the individual’s
right to freely exercise his religious beliefs taken away by the U.S. Supreme Court in its 1997 City of
Boerne decision. 520 U.S. 507.
Home School Special Education
Writing Article to Make Money
July 1, 2009 by Homeschooling Support and Curriculum Tips
Filed under About Homeschooling
can talk about scenery and feelings and pave the way for character development. But when people are reading on the internet, they’re wanting fast facts. They don’t want
additional fluff. Easy to understand information. That’s the goal. When you want to learn something, you want to learn it as quickly as possible. Everyone looks for a shortcut so they can start applying what they’ve learned. That’s why you want to be brief and to the point in your articles for the web.The Fastest And Easiest Way To Write Great Articles Now, with as many tip websites as there are and as many online forums, there’s no need to come up with all the content off the top of your head. Now here’s something vitally important – you must never take another for more details to be brief www.reprintarticlesite.com person’s words for your article. Not one sentence. Not one phrase. It’s illegal and can get you jailed. But you can certainly learn from their content and write your own article. Find three or four articles on your topic, read them carefully, and write your own article in your own words based on what you’ve just learned. Where To Find Good Info If I wanted to write an article on “unschooling”, I’d search Google for “unschooling forums” or “unschooling discussion boards”.
All I then do is look for what folks are talking about, read their responses and use
them to help write my own article. If you find a great info-product on Clickbank for gardeners, do a search for garden forums. See what kinds of questions folks are asking and write an article to answer. You can also find Frequently Asked Questions at FAQ.org and Groups Remember, you’re keeping your article short and to the point. Use helpful tips throughout. I remember one article I read about searching for a fitness club. One of the tips went like this. “In order to find the best fitness club for you, you must go out and look for one.” Well, duh! For crying out loud, that’s idiotic. Of course you have to look for one. That’s a piece of totally useless information. Steer clear of stating the very obvious. Give unique, helpful suggestions. For more details www. Perfact-ghostwriter.com That’s what your readers want. Like a headline, this is what gets folks to decide to read your article or pass it by. People want articles with helpful tips they can use immediately. Your title must convey what you’re offering in your article. “Reaching Your Goal” – kind of boring “Making It” – too abstract, this could be a title for baking cakes or any number of things ““7 Proven Steps to Reaching Any Goal That You Can Implement Right Now!”” – much better You can use personal anecdotes in your article. These add flavor and help hold your reader’s interest. People love a story! Any professional writer will tell you how difficult it is to proof your own work. Because you know in your head exactly what the page is supposed to say, it’s easy for your brain to skip over little errors. You can read your article aloud to help check for flow. But also have another pair of eyes look over your work and see if the article makes complete sense. Don’t forget to check for spelling errors. Too many of these and your article will likely not be accepted/published.
Thanks to IG SERVE for contributing this article to our Homeschooling blog:




