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Homeschooling Moms Homeschooling Moms

Homeschooling Laws

Posted by on Jan. 16, 2014 at 4:23 PM
  • 89 Replies
11 moms liked this

Ok, so I know one of the #1 questions we get is "Where do I start?" and the #1 response? With the laws in your state. Each state has their own rules and requirements. So I thought I'd just start a post where I'll add in an overview of the HS laws in each state. 

Please remember, homeschool laws are subject to change. Use this post as a spring board, not legal advice. The laws in your state may have changed since I posted it.

Happy Learning!
Shannon 

  Articles / Kicbuttmama's Crazy Lapbooks / Kickbuttmama's Home Education / KBM Creations  / Pintrest
Albert Einstein -- 
   "Everybody is a Genius. But if you judge a fish by its ability to climb a tree, it will spend its whole life believing it is stupid." 

by on Jan. 16, 2014 at 4:23 PM
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KickButtMama
by Shannon on Mar. 31, 2013 at 10:26 AM

 

Alabama

Alabama HS FACTS

Alabama does not recognize homeschooling as a separate legal option. Homeschoolers in Alabama must educate their children according to the provisions set forth in this legislation and therefore, most find "cover" or "umbrella" schools that will oversee their homeschooling programs and answer to the state.

• Compulsory Attendance Ages: between 6 and 17

• Required Days of Instruction: 180 days (public schools only).

• Required Subjects: None.

• Home School Statute: None.

• Teacher Qualifications: None, if the home school is operated as a ministry of a local
  church. Certification is necessary if home school tries to qualify as "private school,"
  §16-28-1(1)(a) or as a "private tutor," §16-28-5.

• Standardized Tests: Not required by statute

 

• Alternative Statutes Allowing for Home Schools:
  Homeschoolers have two options:

Option 1: Church School Option. Home schools qualify as church "schools ... operated as a ministry of a local church, group of churches, denomination, and/or association of churches on a nonprofit basis which do not receive any state or federal funding." (§16-28-1(2). "Every child attending a church school is exempt from the requirements of this [compulsory attendance] section provided the child complies with the procedure in § 16-28-7 [parent or guardian reporting attendance in church school; see (a) below]." (§16-28-3).

A church could establish different church schools within each home. Also, under this option, some home schoolers enroll their children in an existing church school but teach them at home.

     a. "The enrollment and attendance of a child in a church school must be filed
          with the local public school superintendent by the parent ... on a form
          provided by the superintendent ... which shall be countersigned by the
          administrator of the church school." (§16-28-7.) Only need to file this form
          once at initial enrollment in church school.
     b. The principal teacher of the church school must keep an attendance register
          for each day of the school year (§16-28-8). 
     c. A church school must "offer grades K-12, or any combination thereof....
         " (§16-28-1(2)). 
     d. If the local school district believes a family is not in compliance with the law,
          it must give the family 3 days' written notice (§16-28-16) prior to instituting
          criminal charges.

Option 2: Private Tutor Option. Under §16-28-5, the children in a home school
must be instructed by a competent private tutor. Under this statute: 
     a. The teacher must be state certified. 
     b. The certified teacher must teach "for at least three hours a day for 140 days
          each calendar year, between the hours of 8:00 a.m. and 4:00 p.m." 
     c. The tutor must file with the county superintendent, a statement describing
          subjects taught and period of instruction. The tutor must keep a register of
          the child's work showing daily hours of instruction and attendance and shall
          make such reports as the State Board of Education may require.
 

Reference: Click Here

 


 



Alabama State High School Graduation Requirements

  • English: 4 units - English 9, 10, 11, 12
  • Math: 4 units - to include 1 unit each of Algebra I, Algebra II, and Geometry
  • Social studies: 4 units
  • Science: 4 units - to include 1 unit each of Biology and a Physical Science
  • P.E./Health units: 1 unit P.E. and .5 unit health
  • Arts:  ½ unit - .5 unit "arts education"
  • Foreign language: 0
  • Electives units: 5.5
  • Other units: ½ unit in Computer Applications

TOTAL # units: 24

Other diploma options

Alabama High School Diploma and Alternate Adult High School Diploma. State offers two technical diplomas and honors/college prep diploma. State does not offer proficiency-based credit option.

Alternate diploma: Requires same units as std. but student must also pass GED, have failed one or more exit exam tests in fall of senior year, and have participated in the High Hopes Remediation Program.


KickButtMama
by Shannon on Mar. 31, 2013 at 10:33 AM
1 mom liked this

Alaska - 

Compulsory age 7-16

Parents are not required to register with the BOE. No testing or other requirements

Alaska HS Network

KickButtMama
by Shannon on Mar. 31, 2013 at 10:36 AM

Arizona - 

THings are a bit complicated in AZ since the rules change from district to district. You can check out - District Rules - for specifics

Currently the Arizona Homeschooling law requires that:

  • Every child between the ages of six and sixteen years shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science.
  • The person who has custody of the child shall choose a public, private or home school to provide instruction.
  • An affidavit of intent shall be filed within thirty days from the time the child begins to attend a home school and is not required thereafter unless the home school instruction is terminated and then resumed. The person who has custody of the child shall notify the county school superintendent within thirty days of the termination that the child is no longer being instructed at a home school.

If the home school instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.

  • For the purposes of the above, "home school" means a school conducted primarily by the parent, guardian or other person who has custody of the child or instruction provided in the child's home.
  • Homeschoolers should within thirty days after the home instruction begins, provide to the county school superintendent of the county in which the child resides:
    • A certified copy of the child's birth certificate, or other reliable proof of the child's identity and age.
KickButtMama
by Shannon on Mar. 31, 2013 at 10:41 AM

Arkansas-

Arkansas Homeschool Facts

Compulsory attendance - Between 5 and 17 years of age on or before September 15 of that school year.


Teacher certification required? - No.

Standardized achievement test required May 1.


Required number of hours per day per year - None

4.01 Under Arkansas law children between the ages of five (5) and seventeen (17) on or before September 15 of that year, in accordance with Ark. Code Ann. § 6-18-201 (Supp. 1997), as amended by Act 570 of 1999 must attend school.

4.02 A parent/guardian who intends to home school a child in accordance with Ark. Code Ann. § 6-18-201 [as amended] must enroll the child in a home school at the beginning of each school year but no later than August 15 for the fall semester, or by December 15 for the spring semester, or, subject to the provisions of Sections 4.03 and 4.04, fourteen (14) calendar days prior to withdrawing. The superintendent or local school board may waive the fourteen (14) day waiting period.

4.03 No public school student shall be eligible for enrollment in a home school if the student is currently under disciplinary action for violation of any written school policy including, but not limited to, excessive unexcused absences. Exceptions to this requirement are outlined in Section 4.04.

4.04 Public school students who are under disciplinary action by the local school district shall be eligible for enrollment in a home school if:

4.04.1 The superintendent or local school board chooses to allow the child to enroll in a home school;

4.04.2 The disciplinary action against the student has been completed or at the end of a school semester, whichever occurs first; or

4.04.3 The student has been expelled.

4.05 Parent/guardian may elect for a child, who will not be kindergarten age in accordance with Ark. Code Ann. § 6-18-201, [as amended], not to attend kindergarten by filing a Kindergarten Waiver form with the local school district office.

4.06 Home school students who enroll in a public, private or parochial school during the time they are home schooling cannot re-enter home schooling until new Notice of Intent and Waiver forms are completed and returned to the local school district.

4.07 Home school students who are in the required grade levels for which the state mandates norm-referenced testing and who are no more than two (2) years beyond the normal age for the required grade levels must take a standardized norm- referenced test as identified by the Arkansas Department of Education, and the results will be used for reporting purposes only.

4.08 Any student who refuses to participate in the required testing program shall be subject to the applicable Arkansas laws regarding truancy. This Section shall not be applicable to any parent that can present written acknowledgement that their child has been enrolled in a public, private or parochial school within thirty (30) days of the administration of the state-mandated tests.

4.09 Books, curricula or materials are not required to be furnished by the Arkansas Department of Education, local school district or education service cooperative. It is the responsibility of the parent/guardian to purchase all books, curricula or materials that they use in home schooling.

5.00 NOTICE OF INTENT

5.01 Parents or Guardians who plan to home school must file written notice by completing and returning the printed current year Notice of Intent and Waiver forms to the public school superintendent's office of their local school district by August 15 for the beginning of each school year, or by December 15 for the spring semester, or, subject to the provisions of Sections 4.03 and 4.04, fourteen (14) calendar days prior to withdrawing the child from the local school district during the school year. Parents or guardians must sign a waiver acknowledging that the State of Arkansas is not liable for the education of their child(ren) during the time that parent chooses to home school. The Notice of Intent and Waiver forms are valid for the entire school year if filed at the beginning of the school year or for the remainder of the school year if filed during the school year. There are no exceptions to these filing requirements except as outlined in 5.02.

5.02 Parents or guardians moving into a school district during the school year must file the current year printed Notice of Intent and Waiver forms with their local public school superintendent's office within thirty (30) calendar days of establishing residency within the district.

5.03 The required Notice of Intent and Waiver forms must be the printed current year forms obtained from your local superintendent's office and must include the following information for reporting and test administration purposes only:

5.03.1 The name, date of birth and grade level of each child and the name and address of the public, private, home school or parochial school last attended, if any, for each student.

5.03.2 The location of the home school (mailing address).

5.03.3 A brief description of the basic core curriculum to be used and the subjects to be taught.

5.03.4 Schedule of instruction to be followed (hours per day; days per week; number of weeks).

5.03.5 The education qualifications of the parent/guardian/teacher(s).

5.03.6 Parents or guardians shall deliver written notice in person to the superintendent of their local school district the first time such notice is given.

6.00 TESTING REQUIRED - ACHIEVEMENT TESTS

6.01 Test administration of home school students shall be under the direction of the education service cooperatives and the Pulaski County school districts. Achievement testing will be held during the testing window identified by the Arkansas Department of Education.

6.02 The education service cooperatives and Pulaski County school districts will ensure that all test materials are secure before testing, between and following test administration and provide the Arkansas Department of Education, for approval by the Director, with a common set of procedures for test administration of home school students in the required grade levels. These common set of procedures must include security measures to ensure that appropriate testing conditions and protocol have been followed as specified in the test administration materials.

6.03 Each student enrolled in home school who is considered to be in the required grades or no more than two (2) years beyond the age appropriate grade will be tested by using the State identified norm-referenced achievement test.

6.04 Parents/guardians or groups of home school parents/guardians requesting alternate testing procedures, protocols, locations and/or timeframe must be submitted in writing three (3) weeks prior to the testing window to the education service cooperatives or the Pulaski County school districts and testing must remain within the State identified testing dates. If approved, alternate testing procedure costs, other than the testing materials, shall be the responsibility of the parent/guardian.

6.05 Alternate testing procedures and protocol will be arranged by the education service cooperatives and Pulaski County school districts.

6.06 Requests from parent/guardian whose child(ren) cannot test on Saturdays due to religious reasons will be accommodated. Parent/guardians must indicate in the appropriate section at the time they file their Notice of Intent that their child(ren) cannot test on Saturdays due to religious reasons.


KickButtMama
by Shannon on Mar. 31, 2013 at 10:45 AM
1 mom liked this

California

California Homeschool Network

Getting Started Booklet  - this is a free booklet that explains all of your options

State law requires all children between the ages of 6 and 18 to be enrolled in a public school, 

unless they are attending a "full-time, private day school" or being instructed by a private tutor who

holds a valid California teaching certificate. (California Education Code §48222)

→ This allows homeschooling parents four options: 

 1. Establish a home-based private school 

 2. Enroll in a private school that offers independent study or PSP 

 3. Enroll in a public school that offers independent study or charter school 

 4. Utilize a credentialed tutor - or the parent, if so qualified 

Option 1: Private School Affidavit (PSA, formerly known as R-4) 

• Skip Step 2. Go to Steps 3 & 4 for instructions on setting up your own private school, 

then go to Steps 5 through 8. 

Option 2: Private School Satellite Programs (PSPs) 

• Go to Step 2 - Choosing a PSP (Private School Satellite Program), then 

 Steps 5 through 8. 

Option 3: Public School ISPs or Charter Schools 

• Go to Step 2 - Choosing an ISP (Independent Study Program) or charter school, 

then Steps 5 through 8. 

Option 4: Credentialed Teacher/Tutor 

A parent with a current California teacher's credential may teach his/her child under the private 

tutorial exemption. The parent can use this option only for the grades their credential covers. 

Parents may also hire a credentialed tutor for their child. No notification is required, but tutors 

are required to teach for a minimum of three hours each day, 175 days per school year, Monday 

through Friday, between the hours of 8:00 am and 4:00 pm. 


Option 2: Private School Satellite Programs (PSP) 

Pros:

• Administrative matters are handled by the private school. 

• Family anonymity is protected. 

• Support systems are offered to varying degrees, depending on the school. 

Cons:

• Tuition fees. 

• Some measure of restriction through compliance with curriculum guidelines, administrative 

supervision, and/or record-keeping, depending on the school. 

Locating a PSP:

• Local Contacts often are aware of PSPs in their communities. 

• Check with site-based private schools to see if they offer independent study. 

• Check internet websites for local support groups in your community. 

Option 3: Public School ISP or Charter Schools 

Pros:

• Materials are available on loan, and consumables are offered free of charge. 

• Support systems are offered to varying degrees, depending on the school. 

Cons:

• Subject to the dictates of state and local authorities. 

• Moderate to heavy restrictions through compliance with curriculum guidelines, 

administrative supervision, and/or record-keeping, depending on the school. 

• Public programs may not offer religious materials. 

Locating a Public ISP:

• Ask your local high school or district office 

• Ask your Local Contact or other homeschoolers in your area 

• Check phone book yellow pages for local charter schools 

• Check with the California Department of Education

KickButtMama
by Shannon on Mar. 31, 2013 at 10:53 AM

Colorado -

Colorado Homeschool Resources

Compulsory age - 7-16

172 days of instruction -  nonpublic home-based educational program shall include, but need not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States as provided in section 22-1-108.

Notice of Intent - Any parent establishing a nonpublic home-based educational program shall provide written notification of the establishment of said program to a school district within the state fourteen days prior to the establishment of said program and each year thereafter if the program is maintained. The parent in charge and in control of a nonpublic home-based educational program shall certify, in writing, only a statement containing the name, age, place of residence, and number of hours of attendance of each child enrolled in said program. Notwithstanding the provisions of section 22-33-104 (1), a parent who intends to establish a nonpublic home-based education program is not required to: 

(I) Provide written notification of the program to a school district within the state until the parent's child issix years of age;

(II) Establish the program until the parent's child is seven years of age; or

(III) Continue the program or provide the notification after the child is sixteen years of age.

NOTE: The age range for students who attend public school is from six to seventeen years. For more information, see Compulsory School Attendance Law.

Standardized Testing - Each child participating in a nonpublic home-based educational program shall be evaluated when such child reaches grades three, five, seven, nine, and eleven. Each child shall be given a nationally standardized achievement test* to evaluate the child's academic progress, or a qualified person shall evaluate the child's academic progress. The test or evaluation results, whichever is appropriate, shall be submitted to the school district that received the notification required by paragraph (e) of this subsection (3) or an independent or parochial school within the state of Colorado. If the test or evaluation results are submitted to an independent or parochial school, the name of such school shall be provided to the school district that received the notification required by paragraph (e) of this subsection (3). The purpose of such tests or evaluations shall be to evaluate the educational progress of each child. No scores for a child participating in a nonpublic home-based educational program shall be considered in measuring school performance or determining accreditation pursuant to article 11 of this title.

*For information on finding/obtaining nationally standardized tests, check with your local school district or contact an organization under Home School Resources.

KickButtMama
by Shannon on Mar. 31, 2013 at 10:58 AM
3 moms liked this

Connecticut - 

THis is where I live, so I'm quite familiar with the convoluted laws in this state. 

First and Foremore - THERE ARE NO REQUIRMENTS. 

Don't let teh BOE misdirect you. The laws in CT are written as SUGGESTIONS not actual laws. So they have a Suggested Notice of Intent. If you file one, then the BOE can demand to see your curriculum and make noises about whether it's good enough. 

But basically, if your child is currently in PS - send the principle a general letter of withdrawl - this si like when you're moving. Don't specify WHY you're withdrawing. THen you just start schooling however you like. No testing, no requirements at all. 


CT Homeschool Network 

KickButtMama
by Shannon on Mar. 31, 2013 at 11:09 AM
1 mom liked this

Deleware - 

Deleware Homeschool Assoc

In DE you essentially register your HS as one would a private school. They have a specific form - Single Family HS Registration Form that you fill out. Every subsequent year, you fill out a Re-Open HS Form

There are no testing requirements for your state. In the welcome package, the BOE will send you an attendance form. THey collect these forms in September.

KickButtMama
by Shannon on Mar. 31, 2013 at 11:20 AM
3 moms liked this

Florida -

Florida HS Facts

 Florida Homeschool Network

Compulsory Attendance Ages: Between 6 (by February 1) and 16 (§1003.21(1).


· Required Days of Instruction: 180 days for public and private schools. (§ 1003.02(1)(g))
   Homeschoolers operating under option 1 below are specifically excluded from this requirement.

• Required Subjects: None.

• Teacher Qualifications: None for parents.

• Standardized Tests: Only required for parents complying with the home school law in Option 1 below.

Each student must do one of the following each year:

 

  1. Have educational progress evaluated by a teacher holding a valid regular Florida teaching certificate and selected by the parent. The evaluation must include review of a portfolio and discussion with the student

  2.  Take any nationally normed student achievement test administered by a certified teacher;

  3. Take "a state student assessment test used by the school district and administered by a certified teacher, at a location and under testing condition approved by the school district";

  4. Be evaluated by a Florida licensed psychologist or school psychologist; or

  5.  Be "evaluated with any other valid measurement tool as mutually agreed upon."

• Home schools have three options:

   Option 1: Home schools can operate under the home school law. 
   1. The definition of a "home education program" is "sequentially progressive instruction of a student directed by his parent or guardian...." (§ 1002.01(1)) 
   2. The parent must meet the following requirements: 
       a. Notify the county superintendent in writing within 30 days of establishing the home school. (Not required to be filed annually.); 
       b. Give the names, addresses, and birth dates of the home school students; and 
       c. Maintain a portfolio of records and materials consisting of a log of educational activities made contemporaneously with the instruction and designating by title any reading materials used and samples of any writings, worksheets, workbooks, or creative materials used or developed by the student. The portfolio must be preserved for two years and made available for inspection by the superintendent upon 15 days written notice, but the school district has no authority to enter the home. Nothing in this section shall require the superintendent to inspect the portfolio. (Note: The child abuse affidavit requirement was repealed in 1995 by Senate Bill 1536.) 
       d. Comply with standardized tests requirements. Each year, the following requirements must be met:
           1) take any nationally normed student achievement test administered by any certified teacher,
           2) or the child must take a "state student assessment test used by the school district and administered by a certified teacher, at a location and under                testing condition approved by the school district," 
           3) or be evaluated by a Florida certified teacher, 
           4) or be evaluated by a licensed psychologist, 
           5) or be "evaluated by any other valid measurement tool as mutually agreed upon." The parent must file a copy of the evaluation with the local school                superintendent annually. There is no specific statutory deadline. "The school                superintendent shall review and accept the results of the annual evaluation....  If the pupil does not demonstrate educational progress at a level commensurate with his ability, the superintendent shall notify the parent in writing...." The parent shall have one year to provide "remedial instruction" to the pupil. At the end of the "one year probationary period" the student shall be reevaluated to determine if he has progressed "commensurate with his ability." (§1002.41(2))

   Option 2. Home schools can operate under the private tutor law. (§1002.43). A person may teach a child if the person meets the following requirements: 
   a. Holds a valid Florida certificate to teach the subjects or grades in which instruction is given; 
   b. Keeps all records and makes all reports required by the state and district school board; and 
   c. Requires students to be in actual attendance for 180 days or the equivalent on an hourly basis.

   Option 3. More than one home school can operate as a private school. A child who "attends" a private, parochial, religious, or denominational school is exempt from compulsory attendance. (§ 1002.01(2))

Reference: Click Here


Florida State High School Graduation Requirements:

  • English units:  4. Units must have "major concentration in composition, reading for information and literature."
  • Math units: 4 (incl. unit of Algebra I or higher). Eff. Class of 2014 must inclued Geometry. 
  • Social studies units: 3. Must include 1 unit U.S. history and 1 unit "world history and  .5 unit economis and American government,
  • Science units: 3, incl. 2 lab science units
  • P.E./Health units: 1
  • Arts: 1 unit performing arts, speech and debate, or a practical arts course that incorporates artistic content and techniques of creativity, interpretation and imagination. Eligible practical arts courses identified in the Course Code Directory.
  • Foreign language: 0
  • Electives units: 8
  • Other units: 1 unit fine or performing arts, speech and debate, or a practical arts course that incorporates artistic content and techniques of creativity, interpretation and imagination. Eligible practical arts courses identified in the Course Code Directory.
KickButtMama
by Shannon on Mar. 31, 2013 at 11:25 AM
1 mom liked this

Georgia -

Georgia HS Assoc

NOTE -- the GA HS laws have recently changed, but I couldn't find a detailed copy, so here is the old law, and I'll post the new as soon as I locate it!

 

Compulsory Attendance Ages: "between 6th and 16th birthdays." Official Code of Georgia Annotated � 20-2-690.1. However, if a child is under 6 and has attended more than 20 days in a public school, he is then subject to the compulsory attendance laws. � 20-2-150(C).

Required Days of Instruction: 180 days. Ga. Code Ann. � 20-2-690(c)(5).

Required Subjects: A basic academic educational program that includes, but is not limited to, reading, language arts, math, social studies, and science. Ga. Code Ann. � 20-2-690(c)(4).

Home School Statutes: Ga. Code Ann. � 20-2-690(c).

  1. Parents must submit a declaration of intent to home study to the State Department of Education thirty days after the establishment of the home study program and by Sept. 1 every year thereafter. This declaration must include the names and ages of students, the location of the home school, and the time the parents designate as their school year. Ga. Code Ann. � 20-2-690(c)(2).
  2. The home school must provide "a basic academic educational program." Ga. Code Ann. � 20-2-690(c)(4). (see "subjects" above).
  3. Each school day must consist of four and one-half hours. Ga. Code Ann. � 20-2-690(c)(5).
  4. Attendance records must be kept and submitted to the State Department of Education annually. The records will "not be used for any purpose except providing necessary attendance information." Ga. Code Ann. � 20-2-690(c)(6)
  5. Parent must write an annual progress report and retain it for three years. Ga. Code Ann. � 20-2-690(c)(8).
  6. "Parents or guardians may teach only their own children in the home study program... but the parents or guardians may employ a tutor who holds at least a high school diploma or GED to teach such children." � 20-2-690(c)(3). No specific amount of hours required for tutor to teach.
  7. According to the Attorney General of Georgia, the local superintendent does not the have the authority to require parents to affirmatively produce evidence of their continuing compliance with the law in the operation of home study programs or require the production of documents. Although the superintendent has the authority to "request" such materials, he cannot require parents to submit them. 1986 Op. Att'y. Gen. No. U86-19.
  8. This statute resulted from a home school decision by the Georgia Supreme Court, Roemhild v. Georgia, 251 Ga. 569, 308 S.E.2d 154 (Ga. 1983), which found the former law to be "unconstitutionally vague." Roemhild, 308 S.E. 2d at 159. The court reasoned: "...we conclude that the statute is not sufficiently definite to provide a person of ordinary intelligence, who desires to avoid its penalties, fair notice of what constitutes a "private school..." Roemhild at 158. "Furthermore, the statute violated a second due process value in that it impermissibly delegates to local law enforcement officials, judges, and juries the policy decision of what constitutes a private school." Id.

Teacher Qualifications: The "teaching parent" must have at least a high school diploma or a GED. Or the parents may employ a private tutor who has a high school diploma or GED. Ga. Code Ann. � 20-2-690(c)(3).

Standardized Tests: Children must take a national standardized achievement test every three years beginning at the end of the third grade. "Test scores are not required to be submitted to public school authorities." Ga. Code Ann. � 20-2-690(c)(7). Parent must write an annual progress report and retain it for three years. Ga. Code Ann. � 20-2-690(c)(8).

THIS ANALYSIS DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE.

The analysis has been reproduced with permission from the Home School Legal Defense Association


The Actual Law


20-2-690. Requirements for Homeschooling Parents

(a) This subpart recognizes the existence of public schools, private schools, and home study programs as educational entities ... 
(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: 
(1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the State Department of Education. (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; 
(3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children; 
(4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; 
(5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; 
(6) Attendance records for the home study program shall be kept and shall be submitted annually to the State Department of Education. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; 
(7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and 
(8) The home study program instructor shall write an annual progress assessment report which shall include the instructor´s individualized assessment of the student´s academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years. 
(d) Any person who operates a private school without complying with the requirements of subsection (b) of this Code section or any person who operates a home study program without complying with the requirements of subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. 
(e) The State Board of Education shall devise, adopt, and make available to local school superintendents, who shall in turn make available to administrators of private schools and parents or guardians with children in home study programs, such printed forms and procedures as may be reasonably necessary to carry out efficiently the reporting provisions of this Code section, but such printed forms and procedures shall not be inconsistent with or exceed the requirements of this Code section.

  

 

20-2-690.1. Compulsory Attendance

(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program ...

20-2-698. Children Found Away From Home

Any peace officer may assume temporary custody, during school hours, of any child subject to compulsory school attendance who is found away from home and who is absent from a public or private school or a home study program without a valid written excuse from school officials or from the parent or guardian in charge of the home study program.

20-2-701. Reporting of Failure to Comply.

(a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child.



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