Toolkit · Education

The Home Education and School Choice Toolkit

20 U.S.C. § 1412

Type
Toolkit
Jurisdiction
National
Date
2023-12-19
Topic
Education

This toolkit collects the working documents used to start, run, and defend a home education program and to evaluate school choice options. It contains a state requirements worksheet, a notice of intent template, a withdrawal letter, a records request, an attendance and subject log, a course description and transcript template, a child find evaluation request, an equal access request letter, a truancy response letter, a voucher and savings account review sheet, a parenting plan education clause, and an annual compliance calendar. Each is drafted to be adapted to the governing state statute. A related materials index maps each tool to the guides, articles, and checklists that explain it.

The Home Education and School Choice Toolkit

Education > Homeschooling and School Choice | Published 19 December 2023 - Updated 17 June 2025 | UpLaw - uplaw.us

Complete Tool 1 first. Every other tool depends on knowing which regulatory model you live under.

Tool 1 — State Requirements Worksheet

Item Answer Code section Verified
Compulsory attendance ages
Days / hours per year
Regulatory model ☐1 none ☐2 notice ☐3 notice+assessment ☐4 notice+approval
Notice: content required
Notice: recipient (exact office)
Notice: deadline
Notice: renews annually?
Required subjects
Assessment method(s) permitted
Assessment frequency / grades
Assessment standard (adequate progress vs. grade level)
Consequence of low result
Instructor qualifications
Records required / retention
Immunization + exemptions
Umbrella / satellite option
Withdrawal procedure and sequence
Equal access statute? Scope?
Part-time enrollment?
Dual enrollment eligibility/cost
Homeschoolers = private school under 20 U.S.C. § 1412?
Diploma recognition
Truancy referral procedure
Educational neglect standard
Choice programs available
Does program participation change the model?
State religious freedom statute?

Re-verify annually. Home education provisions are among the most frequently amended in the education code.

Tool 2 — Notice of Intent

Adapt to the statute; include what it requires and nothing more.

[Date]

[Exact office named in the statute — Superintendent of [District], or [State Department of Education], as the statute directs] [Address]

Re: Notice of Intent to Provide Home Instruction — [School Year]

Pursuant to [State Code § ______], I hereby give notice that the following child(ren) will receive home instruction for the [year] school year:

Child's full legal name Date of birth Grade level Address of instruction

Parent/guardian providing instruction: ______________________ Address: ______________________ Telephone / email: ______________________

[Include ONLY if the statute requires it:] ☐ Instructor qualifications: [as specified by statute] ☐ Subjects to be taught: [list the statutory subjects] ☐ Proposed instructional calendar: [days/hours meeting the statutory minimum] ☐ Immunization documentation enclosed, or exemption per [State Code § ______]

Please acknowledge receipt of this notice in writing at the address above.

[Signature] [Printed name] [Date]

Sent by certified mail, return receipt requested, no. ______

⚠ Do not volunteer information the statute does not require. Extra material invites extra inquiry and can create obligations the statute does not impose.

⚠ File this BEFORE the withdrawal letter in Tool 3. Reversing the order is the most common cause of truancy petitions against home educating families.

Tool 3 — Withdrawal Letter

[Date] · [Principal, School Name]

Re: Withdrawal of [Child's name], [Grade], Student ID ______

Effective [date], [Child] is withdrawn from [School] and will receive home instruction pursuant to [State Code § ______]. A notice of intent was filed with [office] on [date] and acknowledged on [date]; a copy is enclosed.

Please:

  1. Code [Child]'s status as home instruction, not as a withdrawal without transfer, dropout, or truancy. Please confirm the coding in writing.
  2. Provide the complete cumulative record under 20 U.S.C. § 1232g, including transcripts, grades to date, standardized test results, health and immunization records, any evaluation or eligibility determination, any individualized education program or Section 504 plan, and the disciplinary record.
  3. Confirm any credits earned this term and how partial credit is recorded.
  4. Advise of the return of any school property and of any outstanding fees.

[Signature]

Tool 4 — Attendance and Subject Log

One page per month. Keep permanently.

HOME INSTRUCTION LOG — [Child] — [Month, Year]

Date Hours Language arts Mathematics Science Social studies Health / PE Other

Days of instruction this month: ____ Cumulative days this year: ____ Statutory minimum: ____ Hours this month: ____ Cumulative: ____ Statutory minimum: ____

Materials and resources used this month: Language arts: ______ · Mathematics: ______ · Science: ______ · Social studies: ______ · Other: ______

Work samples retained this month: ☐ writing ☐ math ☐ science ☐ social studies ☐ other ______

Books read: ______________________

Activities: ☐ co-op ☐ sports ☐ music ☐ volunteer ☐ employment ☐ competition ☐ field trip — describe: ______

Assessments administered: ______________________

Notes: ______________________

Why the activity row matters. It is the documentary answer to the socialization question, which will be asked by a judge, a caseworker, or an admissions officer — and an argument is a far weaker answer than a calendar.

Tool 5 — Course Description and Transcript

Course description — one per high school course

Course title: ______ Credit: ____ Term: ______ Grade earned: ____ Description: [2–4 sentences: scope, level, approach] Primary texts and materials: ______ Major assignments and assessments: ______ Hours of instruction: ____ Basis for grade: ______ Outside validation: ☐ standardized test ☐ subject exam ☐ dual enrollment ☐ evaluator review ☐ competition

Transcript

OFFICIAL TRANSCRIPT — [Student legal name] Date of birth: ______ · Address: ______ · Graduation date: ______ School: [Home education program name], [address] · Administrator: [Parent name]

Year Course Credit Grade
9
10
11
12

Total credits: ____ Cumulative GPA: ____ Grading scale: A = ____ B = ____ C = ____ D = ____ F = ____ · GPA method: [unweighted / weighted, explained] Standardized test scores: ______ Dual enrollment credit: [institution, courses, credits, grades]

I certify that this transcript accurately reflects the coursework completed by the student named above under a home education program conducted pursuant to [State Code § ______]. [Signature] [Date]

💡 Dual enrollment credit is the single most persuasive line on this document, because it comes from an accredited institution rather than from the parent.

Tool 6 — Child Find Evaluation Request

Send regardless of where the child is educated. The evaluation is free.

[Date] · [Director of Special Education, [District] — the district of residence]

Re: Written request for initial evaluation — [Child], DOB ______

I request a full and individual initial evaluation of my child to determine eligibility for special education and related services. [Child] is [enrolled at ______ / educated at home pursuant to [State Code § ______] / enrolled at [private school]] and resides within the District's boundaries.

The District's child find obligation under 20 U.S.C. § 1412 extends to all children with disabilities residing in its jurisdiction, including children who are home educated or parentally placed in private schools.

Areas of concern: ______________________ Basis for concern: [observations, dates, prior assessments, medical or clinical reports enclosed]

I request evaluation in all areas of suspected disability, as required by 20 U.S.C. § 1414, including ______.

Please provide prior written notice of the District's response and a copy of the procedural safeguards notice required by 20 U.S.C. § 1415. Please confirm the date this request was received, as evaluation timelines run from it.

[Signature]

⚠ Before withdrawing a child who has an individualized education program, understand the trade. The child find evaluation right survives withdrawal. The individual entitlement to a free appropriate public education under 20 U.S.C. § 1401 and 20 U.S.C. § 1414, and the safeguards of 20 U.S.C. § 1415, generally do not. What replaces them is a services plan funded from a proportionate share under 20 U.S.C. § 1412 — and whether home educated children even qualify for that is a state-law question. Section 504 exposure is limited to district-operated programs. 29 U.S.C. § 794.

Tool 7 — Equal Access Request

[Date] · [Principal / Athletic Director / Superintendent]

Re: Request for participation — [Child], age ____, [activity or course]

[Child] resides in the District at [address] and is educated at home pursuant to [State Code § ______]. I request participation in [interscholastic sport / band / laboratory course / career and technical program / testing services].

[If applicable:] [State Code § ______] provides that a student receiving home instruction shall be permitted to participate in [activities] on the same basis as enrolled students, subject to [conditions].

Enclosed: proof of residency; documentation of academic progress as the statute requires; physical examination form; and acknowledgment of the conduct rules applicable to participants.

If the District declines, please state the denial and its legal basis in writing, identifying the statute, policy, or association rule relied upon.

[Signature]

Read three sources before sending: the state statute, the district policy, and the athletic association bylaws. They frequently disagree. Where a co-op meets on school property, 20 U.S.C. § 4071 requires equal treatment of student groups in a limited open forum. Federal program participation by private school children is addressed at 20 U.S.C. § 7881, within the framework at 20 U.S.C. § 6301.

Tool 8 — Truancy Response Letter

[Date] · [Attendance Officer / District Counsel / Court]

Re: [Child], [case or referral number] — response to attendance referral

[Child] has received home instruction pursuant to [State Code § ______] since [date]. This letter responds to the referral dated ______.

1. Compliance. A notice of intent was filed with [office] on [date] (copy and certified mail receipt no. ______ enclosed). [If the original filing was defective or late: A corrected notice was filed on [date], enclosed with delivery proof.]

2. Instruction provided. Enclosed are the attendance log for [period] showing ____ days of instruction against a statutory minimum of ____; the subject and materials log; dated work samples in each required subject; and [assessment results, if any].

3. Request. Please identify in writing the specific statutory requirement the District contends is unmet. If the referral rests on the absence of a filing now cured, I request that it be withdrawn.

4. Legal framework. Home instruction is a recognized means of satisfying compulsory attendance under [State Code § ______]. The right to direct a child's education outside the public system is protected by Pierce v. Society of Sisters, 268 U.S. 510, and Meyer v. Nebraska, 262 U.S. 390; the State's interest in ensuring education actually occurs is acknowledged, Prince v. Massachusetts, 321 U.S. 158, and this family has met it.

I am available to provide any additional documentation the statute requires.

[Signature]

Practice notes. Produce what the statute requires — no more. Do not concede educational inadequacy to settle a filing dispute; the concession follows the family. For assessment disputes, quote the statutory standard, which is often "adequate progress," not grade-level performance. Constitutional argument under 42 U.S.C. § 1983 is a last resort, not an opening move — and after Employment Division v. Smith, 494 U.S. 872, a religious exemption from a neutral requirement is unlikely absent a state religious freedom statute. Wisconsin v. Yoder, 406 U.S. 205, is narrower than it is usually described.

Tool 9 — Choice Program Review Sheet

Complete before accepting any program money.

Question Answer Where in the agreement
Program type (voucher / tax credit scholarship / savings account / charter)
Award amount, and does it cover full tuition?
Fees, materials, transportation excluded?
Renewal guaranteed? Conditions?
Does the child become a "parentally placed private school student"?
Is there a special education waiver? Quote it.
Testing required? Which test? Reported to whom?
Curriculum or accreditation conditions on the school
Reporting, receipts, audits, clawback
Unused funds: rollover, higher education use, forfeiture
Does participation change my home education regulatory model?
Must the school retain the student? Discipline policy?
Admissions terms

⚠ The waiver is the whole document. Accepting a voucher typically forfeits the individual entitlement under 20 U.S.C. § 1414 and the safeguards of 20 U.S.C. § 1415, leaving a services plan under 20 U.S.C. § 1412.

⚠ A virtual charter student is a PUBLIC school student — attendance, testing, and curriculum requirements all apply, and the family is not home educating.

⚠ Private school discipline is contractual. The process protections of Goss v. Lopez, 419 U.S. 565, do not travel to a private placement.

Constitutional backdrop: Zelman v. Simmons-Harris, 536 U.S. 639, permits public funds to reach religious schools through genuine private choice; Trinity Lutheran Church of Columbia v. Comer, 582 U.S. 449, and Espinoza v. Montana Department of Revenue, 140 S. Ct. 2246, forbid excluding a provider because it is religious; Mueller v. Allen, 463 U.S. 388, sustained a neutral parental deduction; and no participating school may exclude by race, Runyon v. McCrary, 427 U.S. 160. Separately, 26 U.S.C. § 529 permits limited tax-favored distributions for elementary and secondary tuition regardless of any state program.

Tool 10 — Savings Account Expense Log

Date Vendor Category Amount Approved category? Receipt on file Notes
tuition / tutoring / curriculum / testing / therapy / technology / transportation ☐ ☐

Running balance: deposited ______ · spent ______ · remaining ______ · rollover deadline ______

Quarterly self-audit: ☐ every expense in an approved category ☐ every receipt retained ☐ no personal or household items ☐ reporting submitted on time ☐ no expense also claimed under 26 U.S.C. § 529

Tool 11 — Parenting Plan Education Clause

EDUCATIONAL DECISION-MAKING

  1. Placement. The child shall be educated at [named school / by home instruction pursuant to State Code § ______] unless the parties agree otherwise in writing or the Court orders otherwise.
  2. Decision authority. ☐ [Parent A] shall have final decision-making authority over educational placement and curriculum after good-faith consultation with [Parent B]. ☐ The parties shall decide jointly; if they cannot agree within [30] days, [mediation / a parenting coordinator / the Court] shall decide.
  3. Change of method or school. Neither party shall change the child's school or educational method without [60] days' written notice to the other and [agreement / Court approval].
  4. Information. Both parents shall receive the attendance log, assessment results, work samples, and any evaluator report, quarterly. Both shall be listed as contacts with any school, co-op, evaluator, or district.
  5. Instruction time. The parent providing home instruction shall provide not fewer than the statutory minimum days or hours and shall maintain the records the statute requires.
  6. Assessment. The child shall be administered a nationally normed standardized test annually, results shared with both parents, whether or not the statute requires it.
  7. Activities. The child shall participate in at least [two] regular group activities outside the household; both parents shall support attendance during their parenting time.
  8. Relocation. A move that changes the applicable regulatory model shall be treated as a material change requiring notice under paragraph 3.
  9. Special education. Neither party shall withdraw the child from a public program in which the child receives services under an individualized education program without written agreement, given the effect on rights under 20 U.S.C. § 1415.

Why paragraph 6 is there. In a custody dispute the documentary record decides the case. Troxel v. Granville, 530 U.S. 57, addressed a fit parent against a third party and does comparatively little work between two parents; best interests governs, and best interests is proved with test scores and calendars.

Tool 12 — Annual Compliance Calendar

When Task
30 days before the notice deadline Reminder; confirm statute unchanged
Notice deadline File notice of intent, certified, with proof
Within 2 weeks after filing Obtain written acknowledgment from the district
Start of year Open the year's attendance and subject log
Quarterly Collect dated work samples in each core subject
Quarterly Update the activity log; back up records off-site
Mid-year Confirm days/hours on pace against the statutory minimum
Testing window Administer a standardized test, required or not
Assessment deadline (Models 3–4) Submit test results or evaluator report with proof
Spring Register for dual enrollment for the next term
Spring (grades 9–12) Update the transcript with course descriptions and grades
Spring Check athletic and activity registration deadlines — these are early
Annually Re-read the statute for amendments
Annually Review the services plan if the child has a disability
Annually Confirm immunization documentation current
On any move Refile in the new district; re-verify the model if crossing state lines
Grade 11 Confirm diploma recognition, licensing, and military tier requirements

Tool 13 — Related Materials Index

If you need to Read
Understand the whole field the comprehensive guide
Explain the constitutional bargain the article
Start or maintain a program the checklist
Handle a disability issue Special Education Law · The Special Education and School Disability Rights Toolkit · More Than De Minimis
Get the broader education law picture Education Law · The Education Law Toolkit
Deal with records The File the School Keeps on Your Child · Inspecting, Amending, and Controlling a Student Record
Handle discipline before withdrawal School Discipline and Student Rights · Sent Home Before Lunch
Respond to a referral Juvenile Justice and School Discipline · Responding to a Juvenile Charge or School Discipline Referral
Handle a religious objection Religious Liberty and Accommodation · The Accommodation You Have to Ask For
Run a church-affiliated school or co-op Religious Organizations · Forming, Governing, and Protecting a Religious Organization
Draft the custody provisions Child Support · Building a Parenting Plan and Child Support Order

Tool 14 — Authority Quick Reference

Parental rights and compulsory education: Meyer v. Nebraska, 262 U.S. 390 · Pierce v. Society of Sisters, 268 U.S. 510 · Prince v. Massachusetts, 321 U.S. 158 · Wisconsin v. Yoder, 406 U.S. 205 · Troxel v. Granville, 530 U.S. 57 · Employment Division v. Smith, 494 U.S. 872 Equal treatment and access: Brown v. Board of Education, 347 U.S. 483 · Runyon v. McCrary, 427 U.S. 160 · Plyler v. Doe, 457 U.S. 202 · San Antonio Independent School District v. Rodriguez, 411 U.S. 1 · Goss v. Lopez, 419 U.S. 565 School choice: Everson v. Board of Education, 330 U.S. 1 · Board of Education v. Allen, 392 U.S. 236 · Lemon v. Kurtzman, 403 U.S. 602 · Committee for Public Education v. Nyquist, 413 U.S. 756 · Mueller v. Allen, 463 U.S. 388 · Zelman v. Simmons-Harris, 536 U.S. 639 · Trinity Lutheran, 582 U.S. 449 · Espinoza, 140 S. Ct. 2246 Statutes: 20 U.S.C. § 1400 · § 1401 · § 1412 · § 1414 · § 1415 · § 1232g · § 4071 · § 6301 · § 7881 · 29 U.S.C. § 794 · 26 U.S.C. § 529 · 42 U.S.C. § 1983

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