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.

• About Home Education
• Is it Legal? Registering
• Getting Ready: learning plans, environment and resources
• Assessment
• Keeping Records

Is Home Educating Legal?

Home education is recognised as a le g al a lternative to school-based education in all states and territories within Australia. Although the benefits are many, commitment is e ssential. Getting approval isn't the hurdle it used to be but it does require some thinking and effort. Expect to spend a few weeks researching different resources and approaches you can use while putting together your learning plan for your children.

It is important to note that '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)

Not all home educating families agree with the way state educational authorities interpret the laws and regulations regarding education. Some families believe that the conditions imposed on them by bureaucracy are fair and reasonable, but others argue they are unnecessary and intrusive. You will need to think carefully about your own values and do what sits comfortably within your family beliefs, lifestyle and conscience. We personally found the process of investigating the legal ramifications of home education an empowering one. Once we knew and understood our responsibilities, we felt more confident about our choice, and that helped us defend it to people who questioned our decision.

There are penalties for not complying with the law and these penalties are detailed in the state and territory Education Acts (see links below). If a family is found to be not complying, they are either required to immediately enrol their children at school or register as home educators. Most families usually comply and register without invoking a penalty. It is unusual for court action to occur on the basis of education provision alone: but does occur if there is suspicion of neglect of the child's welfare.

Before you start preparing your application to register join a local or state support group and ask people to share their experiences with you. Legislation and regulations differ from state to state and local up-to-date knowledge is especially important in helping you successfully complete your application.

Most states require evidence of court orders where custody is an issue, and some require both natural parents to sign the home education application.

Read through the relevant sections in the Education Act and any government information about registering thoroughly (see links on next page). If you are unsure of any of the legal aspects, by all means chat to local home educators, but if yours is an unusual situation don't hesitate to seek advice from legal aid or a lawyer.

Some regulatory bodies have a vested interest in retaining your child's enrolment at school, and sometimes officers reviewing your situation have a limited understanding of the nature of home education, especially if they are new to the position.

Understanding your rights and responsibilities will ensure you are not intimidated into giving up your goal of home educating your children. This may not be the intention of the authorising body, but it could easily become the result.

Continuing reading this guide: registering as a home educator.