Montana Code Annotated (the Law)
Compulsory Attendance Age in Montana
Every state sets compulsory attendance laws. In Montana, children between the ages of 7 and 16 must be enrolled in school (MCA 20-5-102). This means that every child in Montana must attend public school once they turn 7—unless they are enrolled in a nonpublic or homeschool.
KEY TAKEAWAY: Homeschooling provides a lawful alternative to public school enrollment, giving families an exemption from Montana’s compulsory attendance requirement.
What the Law Says (MCA 20-5-102):
- Parents or guardians are responsible to ensure children ages 7–16 receive instruction.
- Enrollment must be in the local public school unless the child is enrolled in a nonpublic or homeschool that meets the requirements of MCA 20-5-109.
- A homeschool is defined as instruction provided by a parent to their own child, stepchild, or legal ward, in the parent’s residence.
- A nonpublic school may be parochial, church, religious, or private.
- Children enrolled in a home or nonpublic school may also participate in public school on a part-time basis.
KEY TAKEAWAY: In Montana, homeschooling is parent-directed education of their own child, stepchild, or ward.
Responsibilities and Rights of Parents Who Homeschool
God has entrusted parents—not the state of Montana—with the authority to educate their children.
According to Montana Code Annotated 20-5-111, parents who provide a homeschool have both the right and responsibility to direct their child’s education. This means that subject to the provisions of 20-5-109, the parent is solely responsible for:
- Determining the educational philosophy of the homeschool
- Choosing instructional materials, curriculum, and textbooks
- Deciding the time, place, and method of instruction
- Overseeing the evaluation of the home school instruction
Key Takeaway: Homeschooling gives parents full control and responsibility for their child’s education in Montana.
Homeschool Requirements in Montana
Under MCA 20-5-109*, Montana homeschoolers are responsible for just four main requirements:
- Notify the County Superintendent annually of your intent to homeschool
- You do not notify the local public school, unless you are pulling your child out of public school.
- Here is the list of County Superintendents.
- Notification should occur prior to the first day of public school in any school fiscal year.
- Sample Notice of Intent Form
- Maintain attendance records and provide them only if requested
- Some Superintendents offer a checkbox or calendar; others may not ask at all. You are NOT required to use any forms provided by the Superintendent.
- Don’t stress—this is a simple requirement.
- Provide a structured course of study that includes instruction in the required subjects
- There is no obligation to submit your curriculum or course of study to any authority.
- County or education officials should not request access to your curriculum.
- Required Subjects (Admin Rules of MT 10.55.905):
- English Language Arts
- Mathematics
- Science
- Social Studies
- Arts
- Health & Physical Education
- Career Education
- Meet the minimum instructional hours (MCA 20-1-301)
- Grades 1–3: 720 hours per year
- Grades 4–12: 1,080 hours per year
- There is no obligation to submit your hours to any authority.
*Note that as of May 13, 2025, HB778 was signed into law by Governor Gianforte. This law eliminates the requirement of homeschoolers to provide immunization records upon request and to "be housed in a building that complies with applicable local health and safety regulations."
KEY TAKEAWAY: Submit your Notice of Intent to the County Superintendent prior to the first day of public school, maintain the records required by law, provide a simple statement of completed attendance if asked for attendance records, and provide a well-rounded education in the required subjects.
Helpful Resources: HSLDA and the Montana Coalition of Home Educators
Part-Time Public Education
Effective July 1, 2023, HB 396 allows parents to enroll their children in local public schools on a part-time basis while primarily homeschooling or attending a nonpublic school.
- School trustees are required to admit part-time students upon parental request, provided the student meets legal requirements required by each school district.
- A part-time enrollee is defined as a student attending public school at a fractional level.
- Parents should contact their local school for enrollment details.
- Part-time students must still comply with public school requirements, such as immunizations.
Key Takeaway: Homeschooling families can supplement their child’s education through public school on a part-time basis while maintaining primary control of their home education.
Montana Code 20-5-112: Extracurricular Activities
According to MCA 20-5-112, homeschooled and nonpublic school students cannot be barred from public school extracurriculars based on enrollment status or attendance hours.
- Students must meet:
- The same participation standards as full-time public school students, including immunization rules and grades
- The rules of any interscholastic organization the public school belongs to
- Academic eligibility verification:
- Nonpublic school students: verified by the school’s head administrator
- Homeschool students: verified in writing by the parent/educator, confirmed by the public school principal (no assessments required)
Key Takeaway: Homeschooled students have the right to participate in public school extracurricular activities if standard rules are met.