Is Unschooling Legal?

Sue Patterson

Another big question that pops up when people first hear about unschooling...


"Is Unschooling legal?  Surely, this can't be ok to do!" 

This question can come from two different ends of the spectrum. 


  1. Some people are worried that bringing a child home from a school means limiting their world and depriving them advantages they see in school. Let me reassure you that unschooling is not neglecting your child or shrinking their world - it's the opposite actually. It just doesn't look anything like school.

  2. Others are really excited to hear about the creativity and following the natural inclinations of the learner.


Podcast Transcript:


Is Unschooling legal?

That’s an important question for parents - and it’s an understandable question.
Unschooling doesn’t look like traditional schooling - or even traditional homeschooling.
And you may have heard things that aren’t even all the way correct about what unschooling is.
(Unschooling Myths)

But you’re ready to get your kids out of the school system - or step away from a curriculum-based homeschooling program - and you’re wondering if this will create some kind of legal problem.

Especially something as intuitive and freeing as unschooling.


From a legal standpoint, unschooing is simply a homeschooling method. So you won’t seen laws specific to unschooling - just like you wouldn’t see laws specific to other styles of homeschooling.

But there are some nuances I want you to know about.



Laws Vary

When you look for homeschooling laws, you will see that it’s legal in all
50 states and all US territories. It's legal in many countries, but this varies.
I have some suggestions if you’re unschooling overseas... I’ll add that in at the end.


Sometimes it can get confusing when people don't realize that the legal situation in one place may be very different in another. Even state to state. The way it’s handled in Florida isn’t the same as Texas or Alaska or anywhere else.
Know this, if you’re online and someone is telling you what your legal requirements are.
Make sure you are learning about the laws where you life. 


So that’s really Step One - know YOUR local laws - whether you’re in the United States or anywhere else in the world.
The other part of this seeing how unschoolers are legally interpreting the laws.  This will help you feel more confident in pursuing the unschooling approach. You’ll know that you’re on firm ground with regards to legalities.


Your Child's Age Matters

Another thing to look at is the age of your child. That matters. 


Every state sets something called Compulsory Attendance. And they designate specifically, age range that it's applicable.

The low end of the range is 5 or 6 usually. And the cutoff is somewhere between 16-18.

Why this matters,is that you may be worrying about getting legal, but your child may be younger than the age where the laws apply. You won’t need to fulfill the homeschooling legal requirements - or the other end of the spectrum, maybe they've even aged out.
Remember, too, they aren’t saying Compulsory EDUCATION - only compulsory ATTENDANCE. 
So if your state says, they need 180 days of compulsory ATTENDANCE, ...well, they woke up in their own homes, so...you can mark them “Present.”. 


So know these bits of info might make your life a little calmer.




Documentation

States and countries are going to vary on what they require from home educating families.

  • Some require testing at certain grade levels - many do not.
  • Some that do require testing, do not require that the tests be turned in anywhere.
    Some require that you keep these tests for only a certain number of years
  • Some require certain subject be "covered" within the curriculum
  • Some require Evaluators for each child
  • Some require certain progress reports be turned in annually to the school district.
  • Many states require no oversight at all.
    Think about it..schools barely have the funding for the kids they’re responsible for. Why would anyone want to divert the funds away to “monitor” the homeschooling families? It makes sense that there’s not a lot of oversight.

I do have a couple of Unschooling Guides to help you dive a little deeper if you live somewhere that requires testing or other record-keeping. We’re such a society preoccupied with testing and test results, most people have a lot of questions about this.

  • How will kids learn to do testing if they unschool?
  • If you dON”T do testing, how will they learn how to adapt when they do need to?
  • What about accountability or the SATs or ACTS?

So I have a Guide [Unschooling Guide: About Testing] that walks you through all these answers in depth.
Truth is, testing has very little to do with the actual learning aspect.
It’s performative.
It’s about showing to...mom dad teacher whomever that yes, I remember this thing.
And if we all remember correctly from our own lives, we don’t retain all that random stuff for very long after that Friday quiz.
We need to not kid ourselves into believing that Testing has some big influence on retention or learning. 

Sometimes people say that kids who aren’t tested won’t know how to take tests when they’re out in the world. But that’s not true. It doesnt’ take 12 years to learn how to take a test. When the kids need to, they’ll do it. Lots of them are already playing with quizzes online!

So if you have a lot of worries in this area, or you need a little more conversation about testing, grab this
Unschooling Guide.

I think I’ll bundle together some information for you and make it available to you.

All of these will help you break some of these ideas apart and think about what matters and what doesn’t to you.
AND... know that a lot of those ideas you have may change as time goes on. That’s just how this all goes


Check the blogpost where this transcript will be - and you’ll see what I have for you.
The
Record Keeping Guide, the Guide About Testing - plus a few PDFs I've created over the years for clients. 

All of these will help you break some of these ideas apart and think about what matters and what doesn’t to you.
AND… know that a lot of those ideas you have may change as time goes on. That’s just how this all goes


Discounted
Paperwork Bundle


$25


I want this Bundle!

Interpreting the Laws

Lets’ move away from the Testing aspect and talk about INTERPRETING the laws. 

This is why I really want you to find other unschoolers in your area.


Sometimes, in the more traditional homeschooling community, we see a stricter interpretation than is necessary. 

They encourage people to record more details of activities or resources than is really necessary.


It’s usually coming from fear. Or from a desire to prove that they’re doing it right. So to speak.
Sometimes we have spouses that aren’t onboard or someone else’s voice in our heads telling us to Keep Track, Don’t be a Slacker! Many of us haven’t worked through all our People Pleaser Gold-star Seeking ways from our past... and we carry those with us into this educational and parenting arena. 

Steer clear of anyone trying to scare you!

Unschooling is not a scary risky thing
...unfamiliar, and unconventional, yes, but not dangerous or illegal!


How to Find Unschoolers in Your Area

Unschooling Mom2Mom has offered a webpage with links to local groups for years now. It's a fabulous resource for anyone who'd like to connect with the local unschoolers. If you find a link that doesn't work or know of a resource in your state/country, please let us know in the comments below!

Find the Locals Webpage

In the free Unschooling Mom2Mom Facebook Group, we offer threads for each state and many countries. This allows group members to connect or share information about local happenings.

We have a document that lists all the threads, so group members can find their state quickly.
It is "housed" in the Guides/Units area of the FB group.

Find Your State/Country (List)

You'll have to join the FB group to access this, but it's a free group!

Tap into State organizations to get updates about legal changes happening locally. It doesn't happen often, but it's good to be connected. They often have legal pages at their website, and even links to how to do the initial paperwork (if you have any that is required - remember, everyone doesn't have this!) This will give you access to how the local unschoolers are interpreting the laws where you live.


Sometimes the state group that is religious or more traditionally homeschooler-focused, list out more hoops for you to jump through or implies that you need extra legal protection. You don't. Truthfully, some of them get a little money as an affiliate situation with these legal groups... so I often steer people away from all that. You don't need it.


BUT, you may live in a state that doesn't have a big inclusive group for homeschoolers and unschoolers. You will have to work with what you have. Entire organizations have been created to keep homeschoolers worried - don't buy into that. Just know that you have nothing to fear - and anyone who implies you do... step away from them.

States/Countries Requiring Certain Subjects

Open your mind to the idea that "Curriculum" may come in a wide range of formats. Think of the most interesting learning experiences you've ever encountered. The topics presented were discussed in conversations, possibly videos or podcasts, or even hands-on experiential learning. All of these options are available to you in an unschooling day - and they count!


Don't let what's familiar to you, shrink your idea of what is considered "legitimate curriculum." The goal is for the child to gain access to more information - in whatever mode works best for them!


If you do live in a state requiring documentation, remember that you can do that without really impacting your child much. Learning happens all the time - you just have to notice in. And then you can record it, using educational jargon that will meet the requirements.


You become the bridge between the Real Life Learning that's happening in your home, and the governing body you report to. It takes a little deschooling to start to see this and feel comfortable. I've added some PDFs to help you in that Paperwork Bundle above.


I have an ebook too, that is very popular: Everything Counts. This tool will help you SEE the subjects weaving through every day activities. I'm working on one for younger kids too, so be sure to get on my email list and you'll know when it's available.


Translating Into Educational Lingo


You may have to create portfolios or progress reports at the end of the year. This can make new unschoolers panic, wondering how to translate all of these daily activities into educational language that will work for the state/country/evaluator requirements.


This ebook will relieve your fear! In it, we'll look at ways every subject shows up and weaves through daily life. Obviously, I cannot list ALL the ways! But this will get you started on reframing how you look at what the kids are doing - and help you SEE the learning that's been there all along!

I need this Ebook!

International Folks

I said I’d mention a little bit for our International listeners. Unschooling is legal in various countries, including Australia, Canada, the United Kingdom, India, and more. Some nations allow homeschooling with heavy restrictions.


But there are umbrella programs you can sign up for to give you “cover” so to speak. Then your child is enrolled in their program and not really considered homeschooling. The two I know unschoolers are using are West River Academy and The Farm School. These are known to allow for an unschooling approach and offer a little support.

So does that get you on steadier ground?

Do you have questions?

I’m not a lawyer, but I’ve seen how a lot of people handle lots of different legal situations.

That’s what I’m bringing to you. 

Hopefully this helps you understand a little more about the legal aspects when it comes to unschooling. Enjoy your kids, and I’ll be back again next week on the Unschooling Mom2Mom podcast. 


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