The Home School Court Report
Vol. XXV
No. 6

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175-day Requirement not Applicable to Homeschools

A number of homeschoolers have contacted Home School Legal Defense Association asking whether or not the 175-day requirement for public schools applies to homeschoolers. Wyoming Code § 21-4-301 states that “each school district shall operate its schools and its classes for a minimum of one hundred and seventy five (175) days each school year …” This passage applies specifically to public schools.

Although § 21-4-101 states that the definition for private schools may include homeschools, there is no reference in the Wyoming code that indicates when or why a private school might include a homeschool.

Every year, many Wyoming homeschoolers receive notices from their local school districts regarding participation in federal IDEA “part b” funding for special needs students. This may be one area where the state has chosen to include homeschools as private schools.

However, with regard to the number of days and hours and the schedule that a homeschool must keep, there is no requirement in Wyoming statutes. Therefore, Wyoming homeschools are free to keep whatever calendar they choose, as long as they are complying with § 21-4-102(b).

This section states that the only requirement for a home-based educational program is the annual filing of a curriculum to the local board of trustees that demonstrates compliance with § 21-4-101, which sets forth the subjects for which a home-based education program must provide “sequential instruction.”

Although local school officials may become confused about this from time to time, HSLDA welcomes the opportunity to clarify this issue for our members. Please contact us with your questions or regarding any difficulties with your local school authorities over this issue.

— by Michael P. Donnelly