Overview

In 1997, the case Leeper v Arlington upheld our right to homeschool, a right that has been recognized since before statehood. Leeper was a class action lawsuit brought by homeschoolers throughout the state who were prosecuted for truancy. The key points in Leeper included the following:

"a school-age child residing in the state of Texas who
is pursuing under the direction of a parent or parents or one
standing in parental authority in or through the child's home
in a bona fide (good faith, not a sham or subterfuge) manner a
curriculum consisting of books, workbooks, or written materials
including that which appears on an electronic screen of either
a computer or video tape monitor, or any combination of the
preceding from
(1) either one of a private or parochial school which exists apart
from the child home
or
(2) which has been developed or obtained from any source,
said curriculum designed to meet basic education goals of
reading, spelling, grammar, mathematics and a study of good
citizenship,
is in attendance upon a private or parochial school within
the meaning of Section 21.033 (a) (1) of the Texas Education
Code and exempt from the requirements of compulsory attendance
at a public school . . ."

Texas Education Code - see links for complete code.
  Section 25.085. COMPULSORY SCHOOL ATTENDANCE.    http://tlo2.tlc.state.tx.us/statutes/docs/ED/content/htm/ed.002.00.000025.00.htm#25.085.00
  (b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school.
  Section 25.086. EXEMPTIONS.    http://tlo2.tlc.state.tx.us/statutes/docs/ED/content/htm/ed.002.00.000025.00.htm#25.086.00
  (a) A child is exempt from the requirements of compulsory school attendance if the child:
   (1) attends a private or parochial school that includes in its course a study of good citizenship;
(see link for other exemptions)

Leeper final decision

There were 3 different court cases involving Leeper. The first was the original district court case, the second is when the case went to the Texas Supreme Court, and the third decision was when Leeper was upheld on appeal to the Texas Supreme Court. The links included here are the final decision, but not the entire case.

Leeper final decision (No. D2022) in html format

Leeper final decision (No. D2022) in pdf format

(get acrobat reader)

For futher reading into this case, here are the titles and case numbers. The full cases take up many, many pages.
893 S.W. 2d 432
Texas Education Agency et. al., Petitioners,
V.
Gary W. Leeper et ux. et al, Respondents
No. D2022
Supreme Court of Texas
June 15, 1994
Rehearing Overruled March 16, 1995

843 S. W. 2d 41
80 Ed. Law Rep. 388
Texas Education Agency et al , appellants
V.
Gary W. Leeper et al Appellees
no. 2-87-216-CV
Court of Appeals of Texas, Fort Worth
November 27, 1991
Rehearing Denied December 31, 1991
From the 17th District Court, Tarrant County, Charles J. Murray, J.
Before Farris, Lattimore and Meyers, JJ.

Thanks to Home Education Magazine for the source documents and to Vicki Dennis for the case names and numbers.

Leeper Case Upheld on Appeal. - summary

On Wednesday, June 15, 1994, the Texas Supreme Court unanimously upheld the appeal of the Arlington v. Leeper case, which defined the current home-schooling rights of parents in the state of Texas. In a 30 page ruling, the court upheld the lower court rulings which said that students attending legitimate home schools are not required to attend public schools. The court said that the Texas Education Agency had no legal basis for prosecution of 150 homeschooling families and that legitimate home schools are exempt from the state's compulsory attendance law.

The Supreme Court agreed with the district court's ruling that a home school was considered legitimate if parents used some sort of curriculum consisting of books, workbooks or other written materials and that they met "basic education goals" by teaching reading, spelling, grammar, mathematics and good citizenship. Once that standard is met, the state's authority ends, although the district court said school officials could ask home-school parents about curricula and standardized tests.

The Supreme Court specifically said Wednesday that the Texas Education Agency could request evidence of standardized test, even though home-school parents are not required to give such tests. The Court also said that any new rules on home schools written by the State Board of Education would be subject to judicial review.

The Supreme Court also lifted, as unnecessary, a permanent injunction barring school districts from charging parents who educate their children at home with criminal violations. The court said that Texas law was never intended to criminalize home schooling and noted that home schools were a historical practicality for many Texas families in the 20th century.

And, finally, in an 8-1 decision, the Court upheld the ruling that the state pay $360,000 in attorney fees for the plaintiffs.
(The above article compiled from various news sources.) - posted to taffie in June, 1994.