Is Home Educating Legal?

QUICK GUIDE to teaching your children at home!

Interested in homeschooling, but still not sure? Read All You Need Is...'

The information in this guide can also be found in Beverley's comprehensive The Educating Parent Resource Directory, a free download.

• Is it Legal?
• Getting Ready
• Assessment
• Keeping Records

Home Education is LEGAL in all states and territories within Australia.

Education, not schooling, is compulsory:

"That every child has a right to an education is recognised in international instruments such as the United Nations Universal Declaration on Human Rights (UDHR) (1948) and the Convention on the Rights of the Child (CROC) (1990) to which Australia is a signatory. The UDHR provides that '[e] ducation shall be free, at least in the elementary and fundamental stages' [and] that 'elementary education shall be compulsory...'; and that 'parents have a prior right to choose the kind of education that shall be given their children' (Article 26(3)). CROC also provides that 'states parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.'
(CROC, Article 2(2))."
Source: Glenda Jackson, Sonia Allan,
International Journal of Elementary Education, Vol 2, Issue 3 (July 2010)

Legislation and regulations differ considerably from state to state. Some require exemption from attending school, others require registration. Some authorities ask for detailed learning programs, others ask for much less. Some offer more support than others. Get to know what is required where you live. Do this by:

Find a local contact person or support group for information and help. Go to group gatherings and excursions. Talk to people. Ask about their experiences, how they home educate, what they had to do. Everyone experiences these things differently and that is okay. Subscribe to newsletters and online groups. Don't be shy: ask questions. People have 'been there, done that' - they can help. Beverley's friendly on-topic The Educating Parents Homeschooling and Unschooling Facebook group is a good place to start. Join and post an introduction.

There is basic information about the legal requirements for each state and terrority linked from the home page of this website (scroll down). Use this with other sources of information to determine what you need to do in your particular situation.

Download and read the relevant sections of your state or territory's Education Act. Copies of Australian legislation is updated regulary on Australasian Legal Information Institute website - click on your state and then look under E for Education.

If in doubt about your rights and responsibilities seek legal advice. Don't be intimidated into giving up your goal.

Start recording. Regardless of whether you 'register' or seek 'exemption', you will feel more confident as a home educator if you write your own curriculum or learning plan and begin recording your children's educational progress, keep a social diary, album or scrapbook. Date all entries, and mark on a calendar the days your children are being home educated - this is the equivalent of a school roll book.Some families will tell you it isn't necessary to keep homeschooling records, or that it's too much bother, but as a newcomer it is the quickest way to build confidence in your home learning experience. Dated records are also legal evidence that your children are being appropriately educated. Don't wait until you are 'approved', start now.

Act like a professional educator: officers processing your application will feel less inclined to treat you as just another (or worse, precocious) parent. This includes keeping dated written records of all communication, including phone calls. Ask for information given to you over the phone to be sent by letter too.

And finally - don't accept 'no' as an answer. Negotiate: they usually give up before you do. Appeals processes are written into legislation in some states. If you feel intimidated or unsure join a homeschooling group. Other families have experienced and overcome problems and will be able to offer useful advice.