Texas Law on Home Schooling During Divorce: What are the Rights?

Understanding Texas Home Schooling Laws Amidst Divorce Proceedings

Divorce can be a complex and emotionally fraught process, particularly when children are involved. In Texas, where home schooling is a popular educational option, understanding the rights of parents to continue this form of education during and after divorce proceedings is critical. This article provides an overview of the legal considerations surrounding home schooling in the context of divorce in Texas.

Legal Framework for Home Schooling in Texas

In Texas, home schooling is considered a type of private education and is largely unregulated by the state. Parents who choose to home school are not required to register with the state or follow a prescribed curriculum. However, the Texas Supreme Court established guidelines in the landmark case Leeper v. Arlington ISD (1987), which affirm that home schools are considered private schools, and therefore, they must adhere to basic educational requirements, namely: teaching math, reading, spelling and grammar, and a course in good citizenship.

Home Schooling Rights During Divorce

During divorce proceedings, both parents retain their rights regarding their children's education unless otherwise determined by the court. Decisions about continuing home schooling often become part of the broader child custody arrangement. Texas courts focus on the 'best interest of the child' standard when making any decisions affecting children. If one parent wishes to continue home schooling while the other objects, the court will consider factors such as:

For example, if one parent has been the primary educator and the child is thriving academically and socially, the court may be inclined to allow home schooling to continue. Conversely, if there are concerns about educational adequacy or if home schooling is used as a tool for parental alienation, this might sway the court against it.

Custody Arrangements and Educational Decision-Making

In Texas custody arrangements, parents are typically assigned either joint managing conservatorship or sole managing conservatorship. Joint managing conservatorship means that both parents share in decision-making responsibilities regarding their children's welfare, including education. In contrast, sole managing conservatorship grants one parent the exclusive right to make such decisions.

If divorcing parents have joint conservatorship but disagree on home schooling, they might need to attend mediation or return to court for a judge to decide. The court's primary concern will always be what serves the best interest of the child.

Post-Divorce Considerations

After a divorce is finalized, any new disputes regarding educational choices can be addressed through modifications to the custody order. If circumstances change significantly—for instance, if a home-schooled child's academic performance declines—the matter can be brought back before a judge. It is essential for parents to keep thorough records of their child's home schooling progress should they need to present evidence supporting their educational choices.


Navigating home schooling during divorce in Texas requires an understanding of both state educational regulations and family law. Parents must focus on their children's best interests and may need to compromise or seek legal resolution when disagreements arise. As with all matters pertaining to children and divorce, consulting with experienced family law attorneys who understand Texas educational laws can be invaluable.