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Oklahoma Christian Home Educators Consociation
Oklahoma is the only state with a constitutional provision guaranteeing the right to homeschool. Section 4, Art. 13 of the Constitution of Oklahoma guarantees the homeschool exemption by stating that the legislature "shall" provide for the "compulsory attendance at some public or other school, unless other means of education are provided, of all children in the State who are sound in mind and body, between the ages of eight and sixteen, for at least three months each year."
Oklahoma Dept. of Education - Home School
The Oklahoma Department of Education has several resources available to parents educating their children at home.
Teaching to standards can be very important to your child's success. Access quality educational resources by going to the Oklahoma Academic Standards page.
“I have never let my schooling interfere with my education.” Samuel Clemens (Mark Twain)
Attorney General 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 supplied in good faith and is equivalent in fact to that afforded by the State. While a board of education has discretion to classify students as it deems appropriate and to require examinations relative thereto [for readmission to the public schools - ed.], credit for private instruction may not be denied solely because the private instructor did not hold an Oklahoma teaching certificate. A board of education is not required to furnish textbooks or other materials to a child residing in the district not attending a district-operated school.
Oklahoma Constitution, Section 4, Article 13
"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."
§70-10-105. Neglect or refusal to compel child to attend school - Exceptions - Enforcement.
A. 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, unless other means of education are provided for the full term the schools of the district are in session or the child is excused as provided in this section.
§70-1-111. School day - Six hours - Exceptions.
A. Except as otherwise provided for by law, a school day shall consist of not less than six (6) hours devoted to school activities. A district board of education may elect to extend the length of one (1) or more school days to more than six (6) hours and reduce the number of school days as long as the total amount of classroom instruction time is not less than one thousand eighty (1,080) hours per year as required pursuant to Section 1-109 of this title.
§70-11-103. Courses for instruction - What to include.
1. The teaching of the necessary basic skills of learning and communication, including reading, English, writing, the use of numbers and science; and
2. The teaching of citizenship in the United States, in the State of Oklahoma, and in other countries, through the study of the United States Constitution, the amendments thereto, and the ideals, history, and government of the United States, other countries of the world, and the State of Oklahoma and through the study of the principles of democracy as they apply in the lives of citizens. In study of the United States Constitution, a written copy of the document itself shall be utilized.
Snyder v. Asbery (No. 78,045, Oklahoma Court of Appeals, Div. 2, May 18, 1993)
"The Oklahoma Court of Appeals returned two children to the custody of their homeschooling father, reversing a lower court decision. On page 4 of the decision, the Court agreed with the homeschooling father, stating "...the State Department of Education has no jurisdiction in homeschooling." See 70 O.S.1991 § 3-104 … Okla. Const. art. 13, § 5….""
Sheppard v. Oklahoma, 306 P.2d 346 (Okla. Crim. App. 1957)
"The court held that requirements of school attendance laws could be met even though children were not attending public or private school. The court said "education may be furnished without attendance at any school." Sheppard, at 353. The court also emphasized "it was incumbent on the state to offer proof" that "no other means of education was provided." Sheppard, at 356. In other words, the state failed to carry its burden of proof since it failed to prove that "other means of education" were not being provided. The court indicated further that, if the state finds other means of education are being provided, then they must prove that the means of education is not "adequate and comparable" to instruction in public schools. Sheppard, at 356. The court also suggested the state could inquire about the curriculum in two areas: period of instruction and subjects taught."
School Board Dist. No. 18 v. Thompson, 103 P. 578, 24 Okla. 1 (1909)
"The Oklahoma Supreme Court . . . upheld parental rights against the public school's authority. "Under our form of government … the home is considered the keystone of the governmental structure. In this empire, parents rule supreme during the minority of their children … they may … withdraw them entirely from public schools and send them to private schools, or provide for them other means of education.""
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