Hybrid homeschool administrators must navigate a wide range of legal considerations beyond just homeschooling laws, such as rental agreements, shared space use, employment policies, and custody arrangements. Proactively thinking through potential scenarios and seeking legal counsel as needed can help your program avoid future complications.
Several thoughts to consider:
Accountability
Hybrid homeschooling is a partnership between families and the school. As an administrator, it's essential to:
- Understand your state's legal homeschooling requirements and stay current in your understanding. It is important to know the current laws, but also proposed legislation.
- Develop clear policies that outline the responsibilities of the school, educators, and parents. It is also important to think through how you will enforce these roles if there is a gap.
- Establish systems that ensure ongoing compliance with local and state regulations.
Family Arrangements
Custody agreements can become a significant issue if not addressed upfront. When creating enrollment forms and school policies:
- Anticipate the variety of family structures you may encounter (e.g., joint custody, legal guardianship, separations/divorce during attendance).
- Clearly identify what documentation is needed from parents or guardians in each scenario.
- Create policies that clarify who has access to records, pick-up rights, and communication protocols.
Religion:
Many hybrid homeschool programs are faith-based. If your school is faith-based, be sure to:
- Understand the legal requirements in hiring practices related to faith.
- Use clear and legally appropriate language in employment applications, advertising, and your statement of faith. Research shows that it is one reason hybrid schools may limit their public presence.
- Ensure that any required statements of faith or personal testimonies are aligned with current laws regarding religious organizations and employment.
Shared space:
Many hybrid homeschools operate in shared spaces. If this applies to your school, consider the following questions:
- Are you using a non-profit facility, such as a church, as your host location?
- If so, do you pay rent to that organization? There can be legal concerns surrounding rent paid to a non-profit entity, especially if your school is a for-profit entity.
- Do you plan to co-own a facility? Think about ownership percentages, such as 49%/51% versus 50/50.
- Have you looked at insurance requirements?
Staff Background Checks:
Are you conducting background checks on staff and volunteers? How often?
Student Records:
While not subject to the same rules as public-school models, it is important for hybrid schools to consider their collection of data and the use of it. Consider of few things:
- What is the timing of the information collected? For example, what information is collected in the application process? Can it wait? Information, such as details of special needs, could be collected during the enrollment process after admission, to ensure there is no discrimination.
- What information is collected? Is unnecessary information collected (i.e social security numbers, demographics, etc)?
- Who has access to student records?
Note: It is strongly recommended that all hybrid homeschools seek guidance from qualified legal professionals when establishing and maintaining their programs.
(Legal Clarity SC, 2025; Mountain Shore Law, 2024; Topp, 2019; Wearne & Thompson, 2023a; Wearne & Thompson, 2024)