There is no specific legislation or official statement in Puerto Rico pertaining to homeschooling, however, it is a legal educational alternative based on constitutional arguments. You do not need to notify anyone that you are going to be homeschooling, unless your child will be transferring from a school to homeschooling (Suggested Guidelines and Agency Policies). There are no requirements relating to number of days homeschooling, subjects taught, parental qualification, scope and sequence, etc.

Puerto Rico falls under the jurisdiction of the US and PR Constitutions. The right to homeschool is a constitutionally protected right under the 14th Amendment (Liberty Clause) (US) and Article 2, section 7 (PR).  If you are homeschooling with a truly religious conviction, then you are also protected under the 1st Amendment (Free Exercise Clause) (US) and Article 2, Section 3 (PR).

There is an exemption from obligatory public school attendance for those who are receiving instruction in a school established under NON-GOVERNMENTAL auspices. (Article 2, Section 5 PR Constitution)  While it is unlikely that the Constitutional Convention considered homeschooling in the creation of that exemption, it is logical to assume that homeschoolers would fall within that distinction.

Also within the PR Constitution, family life, and privacy is expressly protected. (Article 2, Section 8)

Some homeschoolers in Puerto Rico understand that there is a need for official government recognition of homeschooling as a viable and acceptable education alternative, as well as for expressed exemption from provisions such as are found in PR Laws 149 and 177,  laws which are unclear as pertains to homeschoolers (see below). They feel that this can be accomplished with a respectable homeschooling law or official statement that does not impinge upon or regulate existing homeschooling liberties. Other homeschoolers in Puerto Rico understand that any legislation or official statement concerning homeschooling, no matter how lax or beneficial, would be an infringement on their homeschooling liberties. For discussion on this issue please visit T'CHERs Legal Message Forum.

Law 149 of July 15,1999, as amended, puts forth that all children between the ages of 5 to 21 must attend a school.

Law 177 addresses educational neglect.  Because of the lack of an official statement concerning homeschooling as an educational alternative, along with ignorance about homeschooling, there is a higher probability that homeschoolers may fall under suspicion of educational neglect because their children are not going to what is typically considered to be "school." (Should this be the case with you, please see the guidelines on our Legal Representation page.)