Montana Homeschool Requirements

Under MCA §20-5-109(2)(a), a home school 'shall notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school.' The notification is annual (each fiscal year), not a one-time filing. There is no state form required; a simple written notice suffices. The county superintendent does not approve or deny the home school.

MCA §20-5-109(2)(d) requires that a home school 'shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111.' The basic instructional program is set by the Board of Public Education under ARM 10.55.901, 10.55.902, and 10.55.904, which specify core subjects including language arts, mathematics, science, social studies, health, and physical education. Parents retain sole authority over curriculum selection, educational philosophy, and methods under MCA §20-5-111.

Under MCA §20-5-109(2)(c), a home school 'shall provide at least the minimum aggregate hours of pupil instruction in accordance with 20-1-301 and 20-1-302.' MCA §20-1-301 specifies: 360 hours for half-time kindergarten or 720 hours for full-time kindergarten; 720 hours for grades 1 through 3; and 1,080 hours for grades 4 through 12. Graduating seniors may fulfill requirements with 1,050 aggregate hours.

MCA §20-5-111(4) provides that a home school parent is 'solely responsible for the evaluation of the home school instruction.' There is no provision in Montana law requiring home school students to take standardized tests or submit portfolios or evaluations to the county superintendent. The county superintendent may request attendance records but has no authority to assess academic achievement.

Under MCA §20-5-109(2)(b), a home school 'shall maintain records on pupil attendance and make the records available to the county superintendent on request.' Unlike nonpublic schools, home schools in Montana are not required to maintain immunization records (that requirement applies only to nonpublic schools under §20-5-109(1)(a)). The parent controls all other records under §20-5-111.

MCA §20-5-111 grants the parent full authority over the 'educational philosophy of the home school,' 'selection of instructional materials, curriculum, and textbooks,' 'the time, place, and method of instruction,' and 'the evaluation of the home school instruction,' without imposing any credential requirement. No state law requires home school teachers to be licensed or hold any degree.

MCA §20-5-109 distinguishes between nonpublic schools (subsection 1) and home schools (subsection 2). Subsection (1)(a) requires nonpublic schools to maintain records on 'disease immunization' and make them available to the county superintendent. Subsection (2), which governs home schools, does not include an immunization recordkeeping requirement. Standard state and county public health laws may still apply to home-schooled children.

Montana law does not impose special education mandates on home schools. Under MCA §20-5-102(2)(e), a child enrolled in a nonpublic or home school 'may enroll on a part-time basis in a public school,' which could allow access to public special education services. Federal IDEA obligations (Child Find) rest with the school district. Under MCA §20-5-111, the parent retains sole responsibility for educational decisions.

MCA §20-5-110 requires school district trustees to adopt a policy on assessment for placement of any child enrolling from a nonaccredited nonpublic school, including grade placement procedures and a hearing process for disputed placements. The annual notification to the county superintendent under §20-5-109(2)(a) serves as the enrollment mechanism for home schooling.

Under MCA §20-5-102(1), parents must cause children who are '7 years of age or older prior to the first day of school in any school fiscal year' to be instructed 'until the later of the following dates: (a) the child's 16th birthday; or (b) the date of completion of the work of the 8th grade.' Home schooling satisfies this requirement if it complies with MCA §20-5-109.

Montana law does not establish graduation requirements for home schools. Under MCA §20-5-111, the parent is solely responsible for the educational philosophy and evaluation of the home school. There is no state mechanism for home school diploma issuance. Colleges and universities set their own admission standards for home-schooled applicants. If a student re-enrolls in public school, MCA §20-5-110 governs placement.

MCA §20-5-112(1)(a) states that 'a school district or an athletic association, conference, or organization with authority over interscholastic sports may not prohibit or restrict the ability of a student attending a nonpublic or home school meeting the requirements of 20-5-109 from participating in extracurricular activities at a school in the student's resident school district solely on the student's enrollment at the public school or on the number of hours the student physically attends the public school.' Academic eligibility for home school students must be attested in writing by the educator providing instruction with verification by the school principal, and such verification may not include any form of student assessment.