Homeschooling is a right guaranteed by the Constitution of Oklahoma, and by state statute.  Oklahoma has placed very few legal restrictions on homeschooling,  and as a result it is very easy to meet the state requirements.

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."

This was the Constitution's original statement.  As unschoolers, we fall under the "other means of education provided" clause.  In other words, parents can provide for their child any kind of education they choose.  If parents do not or cannot provide their child with some "other means of education" then the State is required to provide it.

The Constitution was amended through Statutes passed by the Legislature so that this law now reads:

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."

Once again, unschoolers fall under the "other means of education" provision.   The above statute has not been interpreted to mean that you must have school the same number of days or hours as the public schools.  Under Oklahoma law, private schools set their own hours, number of days, schedules, and curriculum, so homeschoolers enjoy the same rights.

The Attorney General's Opinion  No. 73-129

"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 suppied in good faith and is equivalent in fact to that afforded by the State."

In other words, you are not required to have a college degree or certification in order to provide an education for your child, you must simply provide an education that is at least as good as that provided by the state.  Who decides if the education you are providing is equivalent to the state's?

In the case of Wright vs. State, Okla., 209 p. 179 (1922) It was determined that a family is presumed to provide an equivalent education unless the state proves otherwise, and that only when the need arises can that determination be made by a judge and jury.  It is not the place of local officials and lawmakers to make this decision.

How about attendance? 70 O.S. 1-111 says,

"Pupils absent from school in which they are regularly enrolled may be considered as being in attendance if the reason for such absence is to participate in scheduled school activities under the direction and supervision of a regular member of the faculty."

Since you as an unschooling parent are the "faculty" of your own school, any day your child is under your supervision, and you believe learning is taking place, that is counted as a school day.  Oklahoma requires 175 "school days"; however, since your children are probably under your supervision every single day, there would be few days which would not qualify as school days.

According to the Home Educators Resource Organization ,  "The Department of Education has acknowledged that for students who are enrolled in public-school 'homebound' programs (for long-term illness that prevents regular public school attendance), three hours of one-on-one instruction per week is considered to be 'equivalent' for their purposes."

Three hours per week?  Of course, unschooling children receive much more one-on-one attention from their parents than three hours per week.  So you can see how easily our unschooling lifestyle fits into these legal parameters.

You will be glad to know that  70 O.S. 10-109  says home school students may not be detained by an attendance officer for suspected truancy, and  10 O.S. 7003-5.5 states that truancy alone is not grounds for termination of parental rights.  So you do not have to be afraid that by homeschooling your child you are going to be considered truant.

The Department of Human Services have no laws regarding homeschooling.  They are not supposed to investigate truancy, and they CANNOT enter your home to investigate this allegation unless there are other clear signs of abuse or neglect.  Homeschooling in and of itself cannot be investigated by DHS.  I have talked to a social worker myself who told me that if the parent says they are homeschooling, DHS cannot do anything.  Now, whether or not all social workers follow these rules remains to be seen.  Since you know your rights, you may decide that it is in your best interest to not allow DHS into your home.  You have the right to refuse to let them in unless they have a warrant.  At that time, you should seek legal representation to assist you with the problem.  Often, if you know and assert your rights, there is nothing they can do without some proof that there is neglect other than educational neglect.

Also, the board of education in your city only has the authority, according to the state constitution, to supervise "public schools."  Your board of education does not have the authority to direct your homeschool in any way.  If you have a child that previously attended a public school, and you are taking them out to homeschool them, you are required to officially withdraw them.  But after they are withdrawn, the board of education has no jurisdiction in anything you do.  You do NOT have to provide them with a plan of study, a list of curriculum, have your children tested, or in any way provide information about your child's progress to them.

It would be a good idea, however, to save some of your child's work to prove that some kind of educational activities have taken place.  Of course, with unschooling you won't have lesson plans or tests to show them.  You might consider the idea of taking photos of your child participating in different educational activities, or have them make a scrapbook when they do complete projects of their own choosing.  Perhaps keep a list of books they have read.  Just something to show that they education hasn't been neglected.

I hope this has set your mind at ease and assured you that unschooling in Oklahoma is just as legal as any other kind of homeschooling, and every bit as legal as public education.  Let me congratulate you on your decision to unschool.

Our family has decided to take out legal insurance with Pre-Paid legal, just in case anything were to happen.  It's only $26 dollars a month, and the many services they provide make it money well spent.   Please contact me if you are interested.

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