Some of the questions/answers below refer to sections of Montana law (MCA) regarding home education in our state. If you have questions regarding the law and its application, you should contact either HSLDA or your attorney for assistance.

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How long has homeschooling been legal in Montana ?

In 1895 and 1903 the Montana Legislature acknowledged homeschools. In 1980 Attorney General Mike Greeley issued an opinion, stating that the 1971 legislature had done away with home education. As a result of that opinion, many Montana homeschooling families were forced into court in order to defend their right to direct the education of their children. In 1983 the Montana legislature passed a new law outlining the minimum requirements for private and homeschools. And in 1991, 20-5-111 was added to Montana's law that clarified the "responsibilities and rights of a parent who provides home school".

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Is the parent allowed to home school someone else's children ?

Montana home education law states that a "home school is the instruction by a parent of the parent's child, stepchild, or ward.....". Here is a link to a 4-page article that provides more information and possible options to that short question: CLICK HERE

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How many children are home educated in Montana ?

Homeschooling grows annually. Homeschool students make up just 8% of Montana's overall school population. Recently, private school enrollment fluctuated between about 8,200 - 8,500 students, while the homeschooled population hovered 5,200-5,800. School year 2018-2019 had a total of K-12 home schooled students as 5,743 (3.6% of total students).

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Are Birth Certificates required when notifying the county superintendent ?

No. Home school parents have no requirement to provide their child's birth certificates to your local school or district superintendent or county superintendent. Your only annual obligation for exemption from compulsory attendance in Montana (7-16) is to annually notify the COUNTY Superintendent of your intent to home school your children. Requesting a birth certification is beyond the requirements of 20-5-109(5). The county supt may request attendance records and immunization records, but that is it. In 1991 MCHE worked to passed a bill that created 20-5-111 MCA that further delineated our God-given rights in MCA, thus no state testing, no authority over curriculum, etc. The section of law that is often referred to [regarding birth certificates] is 44-2-511 MCA and it is related ONLY to public schools. Home schools (and private schools) students are not 'enrolled' in a school district. Home schools are 'county', not 'district' schools. And thus, it is the county supt that we report to, not the school district or school supt. Home school students are not enrolled OR registered with the county supt. Parents are only required to annually ’notify’ their county supt. 

 

That said, there is a new section of law this year (2023) that allows part time enrollment into the local public school, and that could trigger a request for a birth certificate (upon entry). You can read that new section of 20-5-102(2)(e) in the Laws section.

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What about sports ?

For many parents, it is very important for their homeschooled children to participate in sports. In the early days of homeschooling there was little available for those desiring to play on teams sports. The only opportunities were available in public schools. But, much has changed. In nearly every community there are many opportunities available. Only football remains as a public school sport. In most communities there are volleyball and basketball teams. And in the Spring, there are several statewide and national competitions. Other sports available include; swimming, track, skiing, boating, climbing, biking and hiking. In the summer there are homeschool adventure camps, backpack trips, rock climbing, and more. 

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In the 2021 Montana Legislative Session SB157 was introduced: 'Allow nonpublic students to participate in public school extracurriculars' by Senator Steve Hinebauch. On April 28, 2021, SB157 was signed into law by Montana's Governor Gianforte. SB251 took effect July 1, 2021. (as of October, 2021 SB157 is officially 20-5-112 MCA)

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The new law will allow non-public and home school students to participate under the same standards as a public school student, though not requiring physical attendance in the public school. SB157 includes language related to academic eligibility for both nonpublic and home schools. It also includes language that prohibits mandated student testing of home school students by the public schools. For more information on SB157, CLICK HERE

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Can a home school student attend a public school part-time? 

Yes, HB396 was passed into law in the Montana 2023 Legislative Session. HB396 modified several sections of law and provides for a parent to enroll their children/student(s) on a part-time basis in the local public school. The effective date of this law change is 07/01/2023.

 

Will public schools allow homeschool students back into public school ?

Again, the answer to this question depends upon the local school district. Montana law (20-5-110 MCA) states: "School district assessment for placement of a child who enrolls from a nonaccredited, nonpublic school. The trustees of a school district shall: (1) adopt a district policy on assessment for placement of any child who enrolls in a school of the district and whose previous place of instruction was a nonpublic school that is not accredited;". That means that every school district must adopt some form of re-entry policy. Montana legislators have always promoted local control - thus allowing policies to be created by your local school board. If you have concerns about re-entry, you should check with your local district and what their policy is.

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What about Drivers Education ?

Prior to 1999, some school districts only allowed public school students to attend local drivers education programs. In 2005, MCHE worked with OPI and the Legislature to change the law to provide equal opportunity for all students - regardless of whether the student is from a nonpublic OR public school. Thus, 61-5-106(2)(a) was amended to include language that required that all students of the proper age could participate in a drivers education program. You need to contact your local school district for registration information. CLICK HERE for information on Montana's 'Graduated Drivers License Process'

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Are there any problems getting into college ?

Typically no, but again it depends upon how prepared your student is, and the college/university involved. Entrance requirements are established by each college. It is important to contact them early to find out what they are. In the last number of years the number of colleges seeking homeschool students has increased. The issue of a students transcript has become less of a factor.

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In Montana, all public universities are part of the Montana University System. The U-System and its policies are under the direction of the Montana Board of Regents, and below is a partial list of requirements:

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• Graduation from a high school accredited by the state accrediting agency or a passing score on an approved high school equivalency exam such as HiSET or GED. Students who complete their secondary education through home schooling or at unaccredited secondary schools may be admitted as long as they have satisfactorily performed on the ACT or SAT test.

• MSU Academic Requirements: 

• A 2.5 cumulative grade-point average (on a 4.0 scale), OR

• ACT Composite score of 22, OR

• SAT Combined Critical Reading/Mathematics/Writing score of 1540 (prior to March, 2016), OR

• SAT Total Score of 1120 (after March 2016), OR

• Rank in the upper half of the graduating class

• AND

• Successful completion of a College Preparatory Curriculum. (There are exemptions available in Montana. Check with the college registrar for more information)

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Additional information for the Montana University System (MUS): https://mus.edu/borpol/bor300/301.pdf

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Additional information (MSU Bozeman) can be found at:   http://catalog.montana.edu/undergraduate-admissions/#admit_as_ug

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Are college scholarships available for homeschool graduates ?

Yes. It is important to plan ahead if you intend to search for college scholarships. A primary tool used by those choosing students to award scholarships are the SAT and ACT scores. When a student is in their Junior year in high school he/she should plan to also take the PSAT exam. All these exams are given only at certain times of the year. It is very important to contact a participating college to make arrangements in advance.

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Also, other sources of scholarship information is the internet and Montana Office of Public Instruction. The majority of the scholarships are available to public and non-public students. In the past there have been several homeschooled students that have been awarded the Montana Presidential Scholarships.

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If you are considering scholarships, plan your search prior to your Freshman year. Scholarships for Freshman are much easier than other years. And Freshman scholarship winners will discover it is easier to win scholarships that will renew for the following years.

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Do homeschool students need the GED ?

No. Actually in recent years OPI replaced the GED with HiSET. The GED exam is one option available to demonstrate academic capability. In the past the GED was the principle requirement for entering Montana's universities. Since diplomas issued to homeschool graduates are not the same as those from state accredited public high schools, often the GED exam is used as a substitute. In deciding whether to take this exam, first determine whether it is necessary for your future plans. In Montana, most enter college by simply taking the PSAT and SAT exams.

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For more information on the HiSet tests, visit:   http://opi.mt.gov/Programs/CTAE/HiSET.html

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What about high school graduation ?

In Montana there are generally graduation ceremonies held in different communities across Montana. Graduations range in size from 1 to 50+, depending upon the location. Often those organizing the graduations have a cutoff number, thereby keeping the ceremony within 2 hours. If you have a student that will be graduating in the upcoming year, it is very important to contact graduation organizers early. Typically registration deadlines are set for early Spring. So plan ahead.

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Are there any tax benefits available to homeschoolers ?

No. In the last number of legislative sessions there have been a number of bills that would have provided tax credits and rebates to homeschooling families. None of these bills ever passed. Most were defeated in various committees before ever reaching the House or Senate for debate. Typically they were drafted to address tuition expenses only.

 

Homeschool families are dedicated to their goal of educating their children - with or without tax credits. 

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What about entering the military ?

For years, the military was one area that was difficult for homeschool students to enter into. But in the last number of years things have changed.

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Amendments to the Defense Reauthorization Act over two years ago changed the ranking of home school graduates from a Tier 3 status, a ranking that included high school dropouts, to Tier 1, the same ranking high school graduates receive. This favorable change in status dramatically increased enlistment opportunities for home schoolers-particularly in the Air Force and Marines Corps, two branches that accept only Tier 1 applicants.

 

For more information regarding military enlistment of home schoolers visit: HSLDA Military Admissions

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How do I notify the county superintendent of schools ?

Montana state law requires that homeschooling parents notify the county superintendent of schools annually of their intention to homeschool their children. (Note: the county superintendent is not the same as the school superintendent. The school superintendent is in charge of the public schools in the local school district. The county superintendent's office is typically in the county courthouse.) There is no mandated form required (but their office can provide one to assist in notifying). Notification can be a phone call, letter, visit or provided form. Most superintendents have forms available, but their use is optional. A phone call is not recommended, since there should be some record available to prove your notification. CLICK HERE for a usable notification form.

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Technically, since compulsory attendance is not required after the age of 16, it is not necessary to continue to notify the county superintendent beyond that age. But, in order to demonstrate to educational institutions beyond high school, it is generally better to continue to be on record as homeschooling until graduation.

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Beyond the above notification, state law allows the superintendent to request attendance records and proof of immunization. There are no requirements in Montana for any education official to request any other records relating to your homeschool (See 20-5-111 MCA). Also, there is a religious exemption for providing immunization records. An exemption  form is available from your local county superintendent or CLICK HERE.

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I am needing a list of accredited home schools for our student. Are there only private home schools online that are accredited at this time or is there a public home school online for Montana that is accredited?

Under the Links page, there are companies listed that provide curriculum programs. Regarding your query on ‘accredited’ programs, I am assuming that you are referring to programs that would meet the accreditation requirements of Montana’s OPI. There is no such program. There is private accreditation that different companies have developed using their own rules. OPI likely does not recognize those accreditations as equal to the public schools. There are some accredited private schools across Montana, but they are required to fully comply with OPI’s rules. Instructors must be certified teachers, and curriculum must be OPI approved. The educational setting is also under their authority, as well as the testing. The ultimate graduation diploma from a home school is not the same as that from an OPI accredited institution.

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