03/11/2026
Best Practices for Following Homeschool Law
When we talk about the law, we often refer to the Revised Code of Washington (RCW). In plain language, it is an ever-changing document used by the state to spell out expectations, rights, and penalties. The RCW is massive and covers nearly everything you deal with in the state of Washington.
How does the RCW come to be? Why does it keep getting revised?
The legislators we elect and others who work for the state government create RCW’s. When people write up these regulations, they don’t always think of every possible situation.
One way to approach the Washington homeschool regulations in the RCW is to follow the letter of the law. For example, if you administered your yearly testing to your child on December 31 and again on January 1, you could say that your child had been tested in both years, which would fulfill the yearly testing requirement.
However, you should consider the intent of the law. RCW 28A.225.010 states that home education should be “provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010” (http://app.leg.wa.gov/RCW/default.aspx?cite=28A.225.010).
That RCW states, “the minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum instructional hour offerings, with a school-wide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve” (http://app.leg.wa.gov/RCW/default.aspx?cite=28A.195.010).
Combining these laws, we are told the number of hours of education we are to provide on a yearly basis. If your 8 year old starts schooling on their 8th birthday and it takes a full year to get through all of your planned academics, then testing near their 9th birthday would make sense.
However, if the academic year for your 8 year old began in August and their birthday wasn’t until February, there’s a good chance that they’re going to be ready to advance academically before that birthday. It would make sense to test them at the end of the school year in which they turned 8.
The WHO recommendation for best practices is to ensure you test your child at least once per year AND do it when your child is ready for that test. If you are not finished with some of their subjects until August, test in August. Make the logical choices that give your child the best educational experience.
You are the teacher, and we always advise you to follow the best practices path. If you are ever under scrutiny, you will have to explain the reasoning behind your decisions.
What makes sense for your child and your family?
The law gives us a framework of minimums. If you think your child would benefit from testing more than once in a year or by having more than 180 days of schooling, you can decide to do so.
When should you file the Declaration of Intent?
RCW 28A.200.010 states, “Each parent shall file the statement by September 15th of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides.”
By September 15 is the letter of the law. You do not have to go down in person and file at the office on September 15th. If you are busy that day or would like to give yourself a margin of error, you can file before that date.
Once again, do what works best for you and your family. You can submit it by email, mail, or in person, whichever option your school district accepts and that works best for your situation and recordkeeping methods.
When should you submit a first-time Declaration of Intent for an 8 year old?
You have two options:
1. Contact your local school district and ask them the date when the next academic session begins (quarter, semester, trimester) after your child’s birthday and file on that date.
2. Send in the Declaration of Intent on or slightly before the child’s birthday. Why before? You know your schedule. If you are going to be busy and it makes more sense to knock out this task a few days early, do what works for your family.
The Washington Homeschool Organization’s commitment first and foremost will always be to families. Homeschooling is about freedom and making the choices that work for your family while following the laws and guidance of the state of Washington.
