1. A home school is defined as a school that:
   1. "has as its primary purpose the provision of private or religious-based instruction;
   2. enrolls pupils between the ages of seven and sixteen years, of which no more than four are unrelated" (no limit on number of related students); and
   3. does not charge or receive tuition, fees or other remuneration. §167.031.2(1)(a)-(c).
2. Home schools must maintain the following records (there is no requirement to submit them):
   1. a plan book, diary, or other record indicating subjects taught and activities engaged in;
   2. and "a portfolio of samples of child's academic work";
   3. and "a record of evaluations of the child's academic progress
   4. or "other written, credible evidence equivalent to subparagraphs a) b) and c)." §167.031.2(2)(a). This means parents have the option to follow: a) b) and c) or they can choose to follow only d) which permits more flexibility.
3. "For the purpose of minimizing unnecessary investigations" parents "may provide to the recorder of deeds of the county where the child legally resides, a signed, written declaration of enrollment stating their intent" to home school within thirty days after establishment of the home school and on Sept. 1 each year thereafter. §167.042. However, home schools are not required to notify anyone.
4. "Nothing in this section shall require a...home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines..." §167.031.3.
5. "The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of this section (See I and 2 above) shall be a defense to any prosecution under this section and to any charge or action for educational neglect." §167.031(5).
6. This statute was passed as a result of the federal court decision Ellis V. O'Hara, 612 F.Supp. 379 (D.C. Mo. 1985). The former law required home instruction to be "at least substantially equivalent" to instruction in the public schools. The court held: "This statute represents a prime example of legislation which yields an unacceptable amount of discretion to officials charged with enforcement. The statute, therefore, does not comply with due process requirements, and is unconstitutionally vague." Ellis at 381. The court applied "stringent scrutiny" because this case involved "the constitutional right of parents to direct the upbringing of their children and inculcate religious and educational values in their offspring." Id.

Homeschool Internet Yellow Pages Banner Xchange