COMMONLY ASKED QUESTIONS ABOUT THE LAW

The following information is provided for general purposes only and is not intended as legal advice.

Q. How many days am I required to teach my children in our homeschool?
A. 70 Oklahoma Statute 1997, Sect. 10-105 states in part,
"It shall be unlawful for a parent...to neglect or refuse to cause or compel such a child to attend...school, unless other means of education are provided for the full term of the schools of the district are in session..." (Emphasis added).
The full term of the public schools of the district is defined in 70 Oklahoma Statute 1997, Sect. 1-109
"A school year for all public schools.... shall consist of... instruction offered for not less than one hundred eighty (180) days. Five (5) days may be used for attendance of professional meetings."

Q. How long does the school day need to be?
A. The statute on length of school day is a public school requirement that MAY apply to home education based on equivalency. 70 Oklahoma Statute 1997, Sect. 1-111 states in part, "A school day for any group of pupils shall consist of not less than six (6) hours devoted to school activities..." However, one-on-one tutoring may not require six hours per day, especially for younger students. Ultimately it is the parents' responsibility to see that enough time is spent to finish the schoolwork.

Q. What exactly does "equivalency" mean?
A. "Equivalency" has never been defined by any court or Attorney General opinion, nor does any law mandate equivalency. However, it seems clear that the point of the Attorney General opinion is that homeschooling should not be used as a subterfuge for truancy. While the Attorney General opinion is not law, we encourage home educators to honor it.

Q. Between what ages does a child need to be taught?
A. You need to provide instruction for any child over the age of five and younger than 18, unless he or she is older than 16 and has completed four years of high school work.

Q. What qualifications do I need to have in order to teach my children?
A. Oklahoma law does not require parents to be certified teachers or to use certified teachers or state-approved curriculum.

Q. Do I need to register with or seek permission from the local school board or state department of education?
A. No, there is no legal requirement in the state of Oklahoma to register or seek permission to exercise your constitutional right of educational choice. If your child has never attended a public school, it is not necessary to notify anyone of your intent to educate your child at home. However, if your child has been enrolled in a public or private school and is listed on the school roll, we suggest that you present the school administrators with a letter formally withdrawing your child from their school. (WITHDRAWING FROM SCHOOL)

Q. What subjects do I need to teach?
A. Strictly speaking, there are no required subjects for Oklahoma homeschooling families. We do strongly recommend that families teach the same subjects that must be taught in public schools. 70 Oklahoma Statute 1997, Section-11-103.6 defines these public school requirements: "The State Board of Education shall adopt curricular standards for instruction of students in the public schools of this state that are necessary to ensure there is attainment of desired levels of competencies in a variety of areas to include language, mathematics, science, social studies, and communications."

In regards to high school courses, there are no exit requirements for parents to issue a diploma to their homeschool student. Parents may choose coursework to satisfy the requirements of their own homeschool high school. If your student is college-bound, it is advisable to tailor your subject matter to the courses required by the colleges of your choice. We recommend that you contact several colleges for their entrance requirements. You may also find that the State Board of Education Requirements for High School Graduation, which apply to PUBLIC SCHOOLS ONLY, are a useful general guideline for a course of study. See www.sde.state.ok.us.

Q. Do I need to keep records?
A. Oklahoma law does not require record-keeping. We strongly recommend that some type of records be kept in your homeschool in order to demonstrate compliance to state law and to show intent to provide an "equivalent" education "in good faith." These records will serve as an insurance policy in the event that you should ever be called to account by state officials. During the high school years it is important for college-bound students to keep a transcript, recording courses, credits, and grades.

Q. What does my homeschool student need to do before obtaining a driver's license?
A. Before a student under the age of 18 can obtain a driver's license in Oklahoma, he must present documentation that he is a student and that he has successfully passed a reading proficiency test. This reading test may be taken at local community colleges or vo-tech schools. Some private Christian schools also offer achievement tests for homeschoolers and will provide documentation. You will also need to sign a document provided at the testing center stating that you are educating your child at home.

47 Oklahoma Statute, Sec. 6-107 states in part:
"..... has successfully passed the criterion-referenced reading test required for all eighth grade students....demonstrating reading proficiency at the eighth-grade reading level."

"A student... who is receiving education by other means...shall satisfy the documentation requirement... by providing a written statement from the parent, custodial parent, or legal guardian of the student to the Department of Public Safety attesting that the child is receiving instruction by other means...."

Q. Is a work permit required for my teenager to get a job?
A. A teen, aged 14-15, must obtain a work permit before an employer will consider him for a job. There are some restrictions that apply to types of jobs and number of hours. Teens, aged 16 and older, have no restrictions. To get a copy of the child labor law for 14-15 year olds, go to www.okdol.state.ok.us and click on the child labor poster link.

To get a work permit, call the State Department of Education at 405-521-3369. Tell them your child is homeschooled and you would like the work permit form to be sent to you. According to Oklahoma law, the parent of a homeschooled child is authorized to administer the oath, verifying the student's age and status as a student.

40 Oklahoma Statute, Sec. 79 states, in part:
"The age and schooling certificate shall be approved by ...one of the child's parents if the child is being schooled at home...."