Texas families live in one of the best states for homeschooling. Today’s Texas homeschoolers may not realize that their freedom to homeschool without interference by the local school district was once in danger. I was one of the many moms who started homeschooling soon after the Texas Supreme Court ruled in favor of homeschooling families. I had heard some scary stories of families that had to basically hide their kids in the house during school hours. I am happy to say that I have not had to do that, although I did get some questioning looks from nosey people when we were at the park on school days. Today homeschooling is more popular now than ever for many different reasons.

The Leeper Case

Prior to 1981, homeschooling had been assumed to be under the same rules as private schools. But then the TEA decided to go after homeschoolers and the Arlington school district attempted to force the Leepers to enroll their children in school.

In response to the TEA’s persecution, pro-homeschooling attorney Shelby Sharpe filed a class action lawsuit against the TEA and all 1,100 Texas school districts, seeking a declaratory judgment that homeschooling is a legitimate form of education and that parents have the right to homeschool their children.

The Tarrant County District court agreed with the Leepers and issued a ruling in 1987 that allowed them to continue homeschooling their children. The TEA appealed the ruling to the Court of Appeals for the Second District Court of Appeals which upheld the lower court’s ruling.

The TEA then appealed the case to the Texas Supreme Court, which also upheld the lower court’s ruling. The Texas Supreme Court’s decision in TEA vs. Leeper was a major victory for homeschooling advocates in Texas. The decision established that homeschooling is a legitimate form of education and that parents have the right to homeschool their children.

In the final ruling, the Supreme Court reviewed the decision issued originally by the district court, which stated that “a school-age child: residing in the State of Texas who is pursuing under the direction of a parent or parents or one standing in parental authority in or through the child’s home in a bona fide (good faith, not a sham or subterfuge) manner, a curriculum consisting of books, workbooks, other written materials, including that which appears on an electronic screen of either a computer or video tape monitor, or any combination of the preceding from either (1) of a private or parochial school which exists apart from the child’s home or (2) which has been developed or obtained from any source, said curriculum designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship, is in attendance upon a private or parochial school within the meaning of Section 21.033(a)(l) of the Texas Education Code and exempt from the requirements of compulsory attendance at a public school.” https://thsc.org/homeschooling-in-texas/the-history-of-home-education-in-texas/

So what began as a power grab by the school system eventually led to the high court defending and defining the rights of parents to homeschool their children. For that, I am thankful.