A non-public school is any school not run by the government. This includes private schools, religious schools, and homeschools. Each state has its own rules for these schools.
According to the National Center for Education Statistics (NCES), approximately 3.3 million students were homeschooled in the United States as of 2023, representing roughly 6% of the school-age population. Most homeschool families report completing core academic subjects in 3-4 hours per day for elementary students, compared to the 6-7 hours typical of traditional schools, due to the one-on-one instruction and absence of classroom management overhead (NHERI, 2024).
What is a non-public school?
A non-public school is a legal term for schools not run by government bodies. This includes private schools, religious schools, and many homeschools. The U.S. Department of Education Office of Non-Public Education connects with these schools at a federal level. Each state has its own rules on how to classify and regulate non-public schools.
States where homeschools are private schools
In some states, homeschools are treated like private schools. For example:
- Texas: Homeschools are seen as unaccredited private schools, with no state regulation needed.
- California: Families can file a Private School Affidavit (PSA) to run their homeschool as a private school.
- Indiana: Homeschools are categorized as non-accredited private schools.
In these states, homeschooling follows private school laws, offering solid legal protections.
Private school vs. homeschool program
The Home School Legal Defense Association (HSLDA) defines 'private homeschooling' as when parents teach at least 51% of their kids' education. If most of the teaching comes from a commercial program or tutor, it’s more like a private school setup. Charter schools or public school independent study programs are government-funded, not private homeschooling. These details matter for legal protections and tax benefits.
The bottom line
It’s important to know your state's legal rules. In states that treat homeschools as private schools, you can rely on protections from existing private school laws. In states with specific homeschool laws, make sure to follow those. If you’re unsure about your state’s classification, check with HSLDA for legal summaries or your state homeschool organization for help.
