School activity involving homeschoolers

[J.R.@A&M]

Does the statutory restriction on carrying during a school activity make any distinction between public and private schools? My reason for asking is that we participate in lots of gatherings of homeschool kids (at parks, museums, and private businesses catering to homeschoolers like gyms). My nonlawyerly view of home schools is that they are like private schools.

So, am I restricteded by law from carrying at any organiZed gathering of homeschoolers? (I am not asking about whether the museum, gym, etc. is 30.06 restricted or not).

Thanks, a new homeschool parent.

[Alf]

I gave myself written authorization to carry at all homeschool activities.

[J.R.@A&M]

I gave myself written authorization to carry at all homeschool activities.

As have I, but it is the collective gatherings that I am wondering about - under the auspices of local homeschool organizations and cooperatives.

[RicoTX]

I thought this rule only applied if it is on school property?

[TreyHouston]

I gave myself written authorization to carry at all homeschool activities.

As have I, but it is the collective gatherings that I am wondering about - under the auspices of local homeschool organizations and cooperatives.

Home schoolers also have “official event” Like discounted lunch at CiCi pizza once a week by my office. Very intriguing question

[Flightmare]

I thought this rule only applied if it is on school property?

An argument could be made if the location was under control of the school. Such as renting a facility for an event.

[crazy2medic]

I thought the carry restriction only applies at an accredited school!???

[Charles L. Cotton]

I know very little about home-schooling, other than it works very well. Are these collectives certified schools? If not, then my personal opinion is that they are nothing more than a gathering of people for learning purposes. Again, that's my person opinion, not a legal opinion. I have not researched the issue.

Also, "home school" is a term of art referring to teaching your kids outside of an organized school. Nothing about teaching your kid math at the kitchen table transforms your home into a school building.

Chas.

[Flightmare]

I know very little about home-schooling, other than it works very well. Are these collectives certified schools? If not, then my personal opinion is that they are nothing more than a gathering of people for learning purposes. Again, that's my person opinion, not a legal opinion. I have not researched the issue.

Also, "home school" is a term of art referring to teaching your kids outside of an organized school. Nothing about teaching your kid math at the kitchen table transforms your home into a school building.

Chas.

Even if home schooling your kids magically transformed your home into a school building, could you not grant yourself permission to carry in the school since you are in control of the building?

The question I think some people are having is that if a home school group (there are non-profit co-ops that can number in hundreds of families) that participate in organized athletics, or graduation ceremonies...would the premises leased, controlled and used by the co-op during those events be considered off-limits during the event?

[Charles L. Cotton]

I know very little about home-schooling, other than it works very well. Are these collectives certified schools? If not, then my personal opinion is that they are nothing more than a gathering of people for learning purposes. Again, that's my person opinion, not a legal opinion. I have not researched the issue.

Also, "home school" is a term of art referring to teaching your kids outside of an organized school. Nothing about teaching your kid math at the kitchen table transforms your home into a school building.

Chas.

The question I think some people are having is that if a home school group (there are non-profit co-ops that can number in hundreds of families) that participate in organized athletics, or graduation ceremonies...would the premises leased, controlled and used by the co-op during those events be considered off-limits during the event?

That's why I asked if these co-ops are certified schools.

Chas.

[dlh]

I think home schools in Texas are considered private schools that do not require a certification. Not sure about the "co-op" designation--just seems a way to structure a home school or private school.
There was a Texas Supreme Court case several years back authored by Justice Barrow that recognized the legality of home schools. The Leaper case I think it was called.
I have not done any research recently either so just consider this a "lay opinion."

[oljames3]

The court decisions that stopped Texas ISDs and the Texas Education Agency from illegally applying compulsory attendance laws to home schoolers in Texas started as the Leeper vs. Arlington class action suit (Leeper v. Arlington I.S.D. No. 17-88761-85) in 1985. The Texas Home School Coalition discusses the three court decisions at https://thsc.org/homeschooling-in-texas ... decisions/.

The Tarrant County District Court ruled that home schools are indeed private schools for the purpose of compulsory attendance. On April 13, 1987, presiding Judge Charles J. Murray issued a decision (binding on all 1,100 school districts) which was a complete vindication of the rights of parents to educate their children at home in the State of Texas.

While the question of home schools and compulsory attendance is settled, I feel that the definition of where we can carry around "school activities" is not clear.

[J.R.@A&M]

I know very little about home-schooling, other than it works very well. Are these collectives certified schools? If not, then my personal opinion is that they are nothing more than a gathering of people for learning purposes. Again, that's my person opinion, not a legal opinion. I have not researched the issue.

Also, "home school" is a term of art referring to teaching your kids outside of an organized school. Nothing about teaching your kid math at the kitchen table transforms your home into a school building.

Chas.

The question I think some people are having is that if a home school group (there are non-profit co-ops that can number in hundreds of families) that participate in organized athletics, or graduation ceremonies...would the premises leased, controlled and used by the co-op during those events be considered off-limits during the event?

That's why I asked if these co-ops are certified schools.

Chas.

Flightmare’s question is the very question I am asking, now in addition to Charles’ question, for which I also do not have the answer. Agree with OLJ that the general question of “school activities” is somewhat fuzzy. Thanks for all the thoughts and comments.

[Flightmare]

Might be worth asking your state rep/senator to ask the AG for an opinion. If it comes back that it IS treated like every other school activity, the group's board COULD in theory then elect to go with the School Guardian program and allow "teachers" who posses an LTC to carry at organized "school" functions.

IANAL though

[jmra]

I am a home school parent. Home schools in Texas are viewed as non-certified private schools. Your child does not receive a high school diploma from the state of Texas upon graduation. I don’t see how these gatherings could possibly be viewed as a school sponsored activity when Co-ops are little more than social clubs.