Title 20EducationRelease 119-73

§7886 Private, religious, and home schools

Title 20 › Chapter CHAPTER 70— - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER VIII— - GENERAL PROVISIONS › Part Part F— - Uniform Provisions › Subpart subpart 1— - private schools › § 7886

Last updated Apr 6, 2026|Official source

Summary

Private schools that do not get money or services under this law are not covered by it, and their students do not have to take any tests the law mentions. Home schools are also not covered, no matter how a State calls them, and homeschooled students do not have to take those tests. The federal government may not control any part of private, religious, or home schools, but those schools can still choose to join programs or get services under the law. States and local school agencies that do get funds under the law may not force private or home schools to follow a certain curriculum or use those funds to control a private or home school's curriculum.

Full Legal Text

Title 20, §7886

Education — Source: USLM XML via OLRC

(a)Nothing in this chapter shall be construed to affect any private school that does not receive funds or services under this chapter, nor shall any student who attends a private school that does not receive funds or services under this chapter be required to participate in any assessment referenced in this chapter.
(b)Nothing in this chapter shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this chapter.
(c)Nothing in this chapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this chapter.
(d)Nothing in this chapter shall be construed to require any State educational agency or local educational agency that receives funds under this chapter to mandate, direct, or control the curriculum of a private or home school, regardless or 11 So in original. Probably should be “of”. whether or not a home school is treated as a private school under state 22 So in original. Probably should be capitalized. law, nor shall any funds under this chapter be used for this purpose.

Reference

Citations & Metadata

Citation

20 U.S.C. § 7886

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73