Leeper v Arlington ISD: Texas Homeschool Rights Explained

Every conversation about homeschool law in Texas comes back to one case: Leeper v. Arlington ISD (1994). This Texas Supreme Court ruling is the foundation of homeschool freedom in the state, and understanding it matters more than ever now that TEFA has entered the picture.

What Leeper Established

The Leeper decision settled a decade-long battle between homeschool families and Texas school districts. The Court ruled that home schools in Texas are legally classified as unaccredited private schools under the Texas Education Code.

That classification carries three requirements — and only three:

1. Bona fide instruction — the education must be conducted genuinely, not as a sham to avoid compulsory attendance
2. Visual curriculum — instructional materials must exist in a visual format (books, workbooks, electronic screens)
3. Five core subjects — the curriculum must cover reading, spelling, grammar, mathematics, and good citizenship

That's it. No registration with the state. No annual testing. No curriculum approval. No attendance reporting. No teacher certification. Texas homeschoolers operate with more independence than families in nearly any other state.

Why Leeper Still Matters in the TEFA Era

When the Legislature created the Texas Education Freedom Accounts through SB 2, it did not alter Leeper. Homeschools remain classified as private schools regardless of whether they participate in TEFA.

But TEFA introduces a voluntary layer on top of Leeper. Families who accept the $2,000 homeschool allocation agree to contractual obligations — specifically, annual standardized testing for students in grades 3–12 and record keeping for spending through the Odyssey platform.

The critical distinction: these obligations come from the funding agreement, not from your classification as a home school. Leeper still governs your legal status. TEFA governs how you use state money.

HB 2674, the Homeschool Freedom Act passed alongside SB 2, makes this explicit. It prohibits any state agency from using TEFA as grounds to regulate non-participating homeschoolers.

The Three Leeper Requirements in Practice

Bona fide instruction is a broad standard. Courts have never defined a specific number of instructional hours or days. The test is sincerity — you are actually educating your children, not using "homeschool" as a label to avoid school attendance.

Visual curriculum means your materials must include something your child can see. Textbooks, workbooks, computer-based programs, printed worksheets — all qualify. An entirely audio-based or oral-tradition approach, standing alone, would not satisfy this requirement.

Five subjects is straightforward. Reading, spelling, grammar, math, and good citizenship. There is no state-approved curriculum list, no required textbook, and no mandate to use any particular program or scope and sequence.

Common Misconceptions

"You have to file a letter of intent to homeschool in Texas." Incorrect. Texas has no notification or registration requirement. Some families send a withdrawal letter when pulling a child from public school — that's to close the child's enrollment record and avoid truancy flags, not to register as a homeschooler.

"You need to keep attendance records." Not required under Leeper. Some families keep records for their own purposes, and some co-ops request attendance logs, but the state does not.

"If you accept TEFA, you lose Leeper protections." Also incorrect. TEFA participation adds contractual testing and financial reporting obligations, but it does not change your legal classification. You remain a private school under Leeper, and you can exit TEFA at any time to return to zero state oversight.

What This Means for Your Family

Leeper gives Texas homeschoolers a foundation that most states don't have. Whether you participate in TEFA or not, your right to homeschool without state registration, testing, or curriculum approval remains intact.

The Texas Education Freedom Accounts Parent Guide explains how TEFA's contractual obligations layer onto Leeper protections, including how to exit the program cleanly if you decide the trade-off isn't worth it.

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