Oklahoma Homeschool Law - Oklahoma Homeschooling

Homeschooling: An Oklahoma Constitutional Right
The right to homeschool in Oklahoma is protected by our Oklahoma Constitution (Article XIII) and its later amendments by Oklahoma Statutes.

Oklahoma Constitution Article XIII

Section 4 Compulsory school attendance

The Legislature shall provide for the compulsory attendance at some public or other school, unless other means of education are provided, of all the children in the State who are sound in mind and body, between the ages of eight and sixteen years, for at least three months in each year. (Emphasis added.)

For homeschoolers, the key words in this paragraph are "unless other means of education are provided." Learning at home is another means of education.

Statutes passed by our legislature over the years appear to be in conflict with the Oklahoma Constitution and currently read:

Title 70 O.S. 10-105

Neglect or refusal to compel child to attend school - Exceptions

It shall be unlawful for a parent, guardian, or other person having custody of a child who is over the age of five (5) years, and under the age of eighteen (18) years, to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school, . . . . . or unless other means of education are provided for the full term the schools of the district are in session.

As you can see, the ages have changed and the phrase, "for the full term the schools of the district are in session," was added. Public schools are required to be in session for 180 days per year--allowing five "inservice" days within that--for a total of 175 days of "classroom instruction." (70 O.S.1-109) While this implies that homeschoolers are required to maintain a learning schedule of the same length (175 days), it has not been interpreted to mean they are required to be in school the same days and hours as the public schools. Some school districts may tell new homeschoolers that they must have an educational plan (curriculum) in place prior to beginning homeschooling, but there is no legal basis for that request. Private schools across Oklahoma set their own hours, days, schedules, and curriculums. Under Oklahoma law, homeschoolers enjoy the same rights.
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"Equivalent Instruction"
An Attorney General's Opinion, No. 73-129, was issued in response to four questions submitted by the State Superintendent of Public Instruction. In it, the Constitution, the Statutes, and several court cases were quoted to answer the Superintendent's questions. Here is an excerpt from that document:

The Oklahoma Compulsory Attendance Statute does not require that a private school be accredited by the State Department of Education or that a private tutor hold an Oklahoma teaching certificate so long as the private instruction is supplied in good faith and is equivalent in fact to that afforded by the State. (Emphasis added.)

A board of education is not required to furnish textbooks or other materials to a child residing in the district not attending a district-operated school.

It goes on to say:

"Whether such independent facilities for education, outside of the public schools, are supplied in good faith and whether they are equivalent to those afforded by the state, is a question of fact for the jury, and not a question of law for the court." Wright v. State, Okla., 209 P. 179 (1922) (Emphasis added.)

This Attorney General's Opinion means that Oklahoma laws should not define these qualifications any more specifically. If necessary, it would be up to a judge or jury to weigh the issues of "in good faith" and "equivalent to that provided by the state." The wording also suggests that the burden of proof rests with the state; a family is presumed to provide an equivalent education unless and until the state proves otherwise.

The point of these Attorney General's Opinions seems to be that homeschooling is not to be used as a cover for truancy. Because the actions of each individual homeschooling family ultimately impact the legal interpretations of homeschooling in Oklahoma, it is hoped that homeschoolers carefully consider this parental responsibility.

There is no specific definition that exists for "equivalency" in Oklahoma. In New Jersey, which has a similar law, it has been determined that "equivalency" applies only to general curriculum content, not equivalency of outcome or quality of instruction. (State v. Massa; 95 NJ Super.382.)

In order to ascertain whether the education provided is "equivalent to that afforded by the state," it might be helpful to look at the Oklahoma Statute that legislates the subjects that must be covered in the public school system. (70 O.S. 11-103)

The statute says that courses of instruction shall be those that are necessary to ensure:

the necessary basic skills of learning and communication, including reading, English, and writing, the use of numbers and science.
the teaching of citizenship in the United States, in the State of Oklahoma, and in other countries.....

In summary, "equivalent to that provided by the state" has been interpreted many different ways by many different people, but that phrase has not been defined legally in the Oklahoma courts or legislative body. Each family must "in good faith" decide for themselves whether they are providing learning opportunities that are at least as good as those provided by the public school system

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This summary is intended as a guide and not legal advice. Check for updates regularly.