TAC-19-89-1011 — TEA child find rules — special education for non-public-school children
Texas Administrative Code rule that operationalizes child-find obligations: school districts must locate and evaluate children with suspected disabilities even if those children attend private schools or are homeschooled.
For families: This is the rule that says your district can't shrug off a special-ed evaluation request just because your child is homeschooled. The administrative procedure starts with a written request to the district's special education office. Districts have specific timelines they must meet.
Key requirements
- Districts must evaluate any child within their boundaries suspected of having a disability, regardless of school setting
- Evaluation request can come from a parent in writing
- Districts must respond within state-mandated timelines
- Federal IDEA timelines (60 days from consent) apply on top
Common mistakes
- Sending the request verbally — written request triggers the formal timeline
- Not following up if the district misses a timeline — the parent has appeal rights
- Assuming this rule guarantees specific services — it guarantees evaluation; services follow only when the evaluation supports eligibility
Last updated Jun 23, 2026
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TEC-25-085 — Compulsory attendance — ages 6 through 19
Texas requires every child between the ages of 6 and 19 to attend a public school, an accredited private school, or another educational setting Texas law recognizes. Homeschooling under TEC 25.087 satisfies this requirement.
For families: This is the law that says 'school is required' in Texas. The good news for homeschool families: TEC 25.087 treats homeschools as private schools, which means homeschooled kids meet the compulsory attendance requirement here without needing to be in any public-school seat. The age window starts at 6 and runs through 18 (the section ends the year your child turns 19).
Key requirements
- Children ages 6 through 18 must attend school
- Public school, accredited private school, or homeschool (under TEC 25.087) all satisfy the requirement
- Homeschooling families satisfy compulsory attendance the moment they begin bona fide instruction
Common mistakes
- Thinking compulsory attendance starts at age 5 — Texas's start age is 6
- Believing the requirement ends at high school graduation regardless of age — it ends at 19, or earlier on graduation
- Assuming a truancy citation applies to a homeschooled child — it does not, provided the family is providing bona fide instruction
Last updated Jun 23, 2026
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Official source →
TEC-25-086 — Exemptions from compulsory attendance
Lists the categories of children exempt from Texas compulsory attendance. Children attending a private or parochial school qualify, and Leeper v. Arlington ISD (1994) confirmed homeschools count as private schools for this purpose.
For families: This section lists who doesn't have to be in public school: children in private schools, kids over 17 who finished a high school program, married minors, and a few other narrow categories. Homeschoolers fit through the private-school exemption, with the Texas Supreme Court's blessing in the Leeper case. If you're providing real instruction in the five Leeper subjects, you're covered.
Key requirements
- Private school enrollment (including homeschool, per Leeper) exempts from compulsory attendance
- Several other narrow categories exempt — completed high school program, married minor, etc.
- No state filing or notification required for the homeschool exemption
Common mistakes
- Filing a notice of intent thinking it's required — Texas does not require any state filing to start homeschooling
- Assuming the local school district has authority to approve or deny your homeschool — they do not
- Sending a withdrawal letter when starting from scratch — only needed when leaving an existing public school enrollment mid-year
Last updated Jun 23, 2026
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Official source →
TEC-25-087 — Private schools (homeschools qualify under Leeper)
Texas defines private schools and acknowledges them as a permitted educational setting. The Leeper v. Arlington ISD case (1994) extended this definition to cover homeschools: a Texas homeschool is a private school for legal purposes when it provides bona fide instruction.
For families: This is the legal basis for homeschooling in Texas. Combined with the Leeper Texas Supreme Court ruling, it means your home is a private school once you start teaching your child seriously. Texas asks only that the instruction be 'bona fide' — meaning real, actual teaching from a curriculum — covering five subjects: reading, spelling, grammar, mathematics, and good citizenship. There's no state filing, no approval, no test, no curriculum review.
Key requirements
- Texas homeschool = private school under Leeper
- Bona fide instruction required (real teaching, not a sham)
- Five subjects must be covered: reading, spelling, grammar, mathematics, good citizenship
- No state-level filing, registration, or approval required
- No required testing, no portfolio review, no curriculum approval
Common mistakes
- Treating 'bona fide instruction' as a vague suggestion — courts have been clear it means demonstrably real teaching
- Skipping good citizenship — it's the fifth Leeper subject and the easiest to overlook
- Thinking the lack of state regulation means lack of records — keep records anyway, they protect you if questions arise
- Confusing Texas homeschool law with a Texas charter school — charters are a separate framework under TEC Chapter 12
Last updated Jun 23, 2026
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Official source →
TEC-29-082 — Special programs and ancillary services
Establishes Texas's framework for special education services, including how districts identify, evaluate, and serve children with disabilities. Homeschooled children retain certain rights to evaluation services from their local district.
For families: If your homeschooled child has a disability or you suspect one, Texas school districts are still obligated to evaluate them — you don't lose access to special education evaluation just because you're homeschooling. Some services follow your child to the homeschool setting, especially through the federal IDEA framework that applies on top of Texas law.
Key requirements
- Texas school districts are obligated to evaluate any child suspected of having a disability, including homeschooled children, on parent request
- Federal IDEA (Individuals with Disabilities Education Act) overlays Texas law and may extend services to homeschooled children
- Some Texas ESA-eligible expenses cover educational therapies for diagnosed disabilities — coordinate with the program administrator
Common mistakes
- Assuming you lose all special-ed access by homeschooling — you don't
- Skipping the formal evaluation request because you're afraid of bureaucratic friction — the evaluation establishes your legal record and is worth doing
- Confusing district-provided services with district-imposed instruction — accepting evaluation services does not surrender your homeschool's private-school status
Last updated Jun 23, 2026
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Official source →