Yes. Homeschooling has never been illegal in Texas. Around the turn of the 20th century, the first compulsory attendance laws were passed here in Texas. At the time, only about 10% of the school-aged population was attending state funded schools. Those initial compulsory attendance laws exempted students enrolled in some form of private education, to include homeschooling. Article 7, Section 2 of the Texas Constitution forbids the state from regulating private education and the Texas Education Code, Section 1.001(a) states that it only applies to schools "supported in whole or in part by state funds." These statues alone protect the right to home education without state interference in Texas.
However, these provisions did not deter the Texas Education Agency from drafting policy in 1981 that claimed "educating a child at home is not the same as private school instruction and therefore not an acceptable substitute." As a direct result of that policy statement, several Texas school districts attempted legal action against over 100 home educating families. In response to this series of prosecutions, several homeschooling families, as well as others with a vested interest in guaranteeing Texas homeschool freedoms, filed suite against the TEA in what has become known as the Leeper case. Texas Education Agency, et. al. vs. Leeper, et. al. made its way to the Texas Supreme Court in 1994. The Supreme Court upheld the lower court and Court of Appeals' rulings in favor of Leeper. The ruling affirmed home education as private education and therefore not within the TEA's jurisdiction to control.
Since Leeper, two main schools of thought have arisen related the homeschool freedoms in Texas. One interpretation of the Leeper ruling takes its guidelines directly from the ruling judge's published opinion and explains that any home educating family, schooling "in a bona fide manner" and having a curriculum "consisting of books, workbooks, other written materials, including that which appears on a computer screen or video tape monitor, . . . developed or obtained from any source" that is "designed to meet basic education goals of reading, spelling, grammar, mathematics and a study of good citizenship" is in full compliance with the law and nothing further is required.
The other interpretation goes even further, stating that the Leeper opinion merely confirmed that homeschooling has been and continues to be free from all government oversight and a perfectly legal option for Texas families to pursue. Which interpretation is more correct has yet to be settled by the courts and may never be determined. The bottom line remains that homeschooling in Texas is legal.
Although there continues to be certain pieces of legislation that could negatively affect homeschoolers, such as daytime curfews and whatnot, there are currently (as of 2009) no major challenges to the fundamental parental freedom to home educate within either the legislature or the courts in Texas. If you would like to review relevant statutes and case law for yourself, which we highly recommend, this link (http://www.homeschoolingintexas.com/gettingstarted/legal/statelaws.aspx) is a good place to start.