Homeschooling Laws

Compulsory Enrollment and Exceptions. Montana law states: “Except as provided in [Mont. Code Ann. §20-5-102(2)], any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to be instructed in the program prescribed by the board of public education pursuant to 20-7-111 until the later of the following dates: (a) the child's 16th birthday; (b) the date of completion of the work of the 8th grade.” Mont. Code Ann. §20-5-02(1).

Home School Exception to Compulsory Enrollment. In Mont. Code Ann. §20-5-102(2),

Montana law provides that a “parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when he establishes residence in the district unless the child is: * * * (e) enrolled in a nonpublic or home school that complies with the provisions of 20-5-109. For the purposes of this subsection (e), a home school is the instruction by a parent of his child, stepchild, or ward in his residence and a nonpublic school includes a parochial, church, religious, or private school. ” Mont. Code Ann. §20-5-102(2) .

Home School Requirements. Section 20-5-109, Mont. Code Ann. states: "To qualify its

students for exemption from compulsory enrollment under 20-5-102, a nonpublic or home school:

(1) shall maintain records on pupil attendance and disease immunization and make the

records available to the county superintendent of schools on request;

(2) shall provide at least the minimum aggregate hours of pupil instruction in accordance

with 20-1-301 and 20-1-302;

(3) must be housed in a building that complies with applicable local health and safety

regulations;

(4) shall provide an organized course of study that includes instruction in the subjects

required of public schools as a basic instructional program pursuant to 20-7-111; and

(5) in the case of home schools, shall notify the county superintendent of schools of the

Responsibilities and Rights of Parent Who Provides Home School and Rights of Child in Home School. Section 20-5-111, Mont. Code. Ann., states that “[s]ubject to the provisions of 20-5-109, a parent has the authority to instruct his child, stepchild, or ward in a home school and is solely responsible for:

(1) the educational philosophy of the home school;

(2) the selection of instructional materials, curriculum, and textbooks;

(3) the time, place, and method of instruction; and

(4) the evaluation of the home school instruction.” Mont. Code Ann, § 20-5-111.