Sam Houston State Homeschool Lawsuit: Dual Credit and State Rules

The Sam Houston State homeschool lawsuit is a pending case in which a Huntsville-area mother, Autumn Selman, is suing Sam Houston State University for refusing to let her son enroll in dual credit courses on the same terms as public school students. Filed in November 2025 by the Home School Legal Defense Association, the case argues that SHSU is violating a new Texas law requiring public universities to give homeschool students equal access to dual credit programs. As of mid-2026, the litigation is active, no rulings have been issued, and SHSU has not commented publicly.¹²

What the Family Says Happened

Autumn Selman’s son is a high school junior. The family runs a homeschool called Selman Homeschool Academy in the Huntsville area, and SHSU is the closest public university to their home. After the new dual credit law took effect in September 2025, Selman tried to enroll her son at SHSU.¹

The university’s catalog says a Memorandum of Understanding must exist between the student’s high school and the university before a student can take dual credit courses.³ These MOUs are typically signed with a school district, charter school, or private school. According to the complaint, Selman asked SHSU to sign an MOU with her homeschool, and university officials told her repeatedly that they would not sign an MOU with any homeschool and would not enroll her son without one.²

The practical result, the lawsuit says, is that homeschool students at SHSU are limited to a “small handful of courses” while public school students enrolled through their districts can access the university’s full core curriculum, including courses taught on campus by university faculty.¹ Selman’s son can take virtual dual credit courses through Lone Star College, but the family lives too far from that campus to attend in person.

The Law SHSU Is Accused of Violating

Governor Greg Abbott signed House Bill 3041 on June 20, 2025.⁴ The bill added Section 51.9675 to the Texas Education Code. Its dual credit provision states that when admitting or enrolling a high school student in a dual credit course, a public university “must apply the same criteria and conditions to each student wishing to enroll in the course without regard to whether the student attends a public school or a private or parochial school, including a home school.”⁵ The provision applied to enrollment starting with the fall 2025 semester.⁶

Selman was part of the story behind that language. Before filing suit, she and the Texas Home School Coalition raised concerns about the trouble she was having enrolling her son, and lawmakers added an amendment aimed at loopholes universities had used to restrict homeschool participation.¹⁷

What the Lawsuit Asks For

The case, Selman v. Sam Houston State University, was filed in November 2025. The family is represented by Texas attorney Tom Sanders, of counsel to HSLDA.⁸ The core legal argument is direct: Section 51.9675 requires the same criteria and conditions for all students regardless of school type, and SHSU is doing the opposite by requiring an MOU it refuses to grant. HSLDA’s Director of Litigation, Peter Kamakawiwoole, said, “The statute is clear. The university’s refusal to comply is both unlawful and discriminatory.”⁹

The complaint asks the court for:

A declaration that SHSU must comply with HB 3041 and admit homeschool students on equal terms.
An injunction requiring the university to enroll homeschool students in the same core dual credit courses offered to other eligible students.
A court order barring SHSU from using its MOU policy to block homeschool access.
Broader protections to prevent similar barriers for other homeschool students.⁹

SHSU’s Response and Stated Policy

Sam Houston State has not commented publicly on the lawsuit. The Houston Chronicle reported in December 2025 that university representatives did not respond to requests for comment, and no public statement or policy update from SHSU has surfaced since.¹

The university’s published policy still requires an MOU between the student’s high school and SHSU for dual credit enrollment. Dual credit students are classified as non-degree-seeking, are not eligible for financial aid while in dual credit status, and are exempt from Texas Success Initiative assessment requirements. After graduating high school, they must submit a new application to continue as degree-seeking undergraduates. The catalog also notes that homeschool students applying as freshmen must meet the same admissions requirements as other students but submit a notarized transcript instead of a standard school transcript.³

New State Rules That Reinforce the Claim

While the lawsuit was pending, the Texas Higher Education Coordinating Board adopted amendments to 19 TAC Sections 4.83 through 4.85, effective May 13, 2026, to implement HB 3041’s dual credit provisions. The new rules speak directly to the MOU dispute at the heart of the Selman case.¹⁰

Under the amendments, any institution that maintains a dual credit partnership with a public school district, charter school, or private school must “accept or offer an institutional agreement with a home school.” Institutions cannot deny, delay, or obstruct such an agreement, and they cannot impose additional criteria on homeschools that other secondary schools do not face. For signing purposes, homeschools must be treated as having “equivalent approval and signatory authority to a private secondary school.”¹⁰

The rules define a homeschool as “a private school that provides secondary education instruction in a bona fide manner from curriculum designed to meet basic education goals at or through a child’s home by the parent or a person standing in parental authority.” Homeschool dual credit students must be at least 16 and meet the same college-readiness standards as other dual credit students. Universities must provide equal access to available course delivery methods, but they are not required to create a new section of a course in a specific format or location solely for homeschool students.

Where the Case Stands

As of mid-2026, Selman v. Sam Houston State University is still in active litigation. No rulings, injunctions, or settlements have been publicly reported. HSLDA said in December 2025 that it would post updates as the case develops.² The May 2026 Coordinating Board rules have strengthened the regulatory framework behind the family’s claims, but whether SHSU changes its MOU practice voluntarily or under a court order has not yet been reported.

1
Houston Chronicle. Sam Houston State Homeschool Dual Credit Lawsuit
2
HSLDA. Homeschooling Family Sues University for Violating New Dual Credit Law
3
Sam Houston State University. Admission Standards
4
Gilmer Mirror. All Texas Home School Coalition Priorities Signed by Governor Abbott
5
FindLaw. Texas Education Code Section 51.9675
6
Texas Capitol. HB 3041 Engrossed Analysis
7
Texas Scorecard. Lawsuit Accuses Sam Houston State University of Violating New Homeschool Dual Credit Law
8
HSLDA. Tom Sanders Bio
9
PR Newswire. HSLDA Files Lawsuit Against Sam Houston State University for Denying Homeschoolers Equal Access to Dual Credit
10
Texas Secretary of State. Adopted Rules – 19 Education