An overview of the homeschool laws and regulations of Alabama, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Alabama State Legislature

Department of Education

Revised 9/1/82

CERTAIN LAWS AND STATE BOARD RESOLUTIONS THAT PERTAIN TO PRIVATE SCHOOLS IN ALABAMA (Excerpts from Code of Alabama 1975 to 1982)

16-1-11. Private schools to register and report. All private schools or institutions of any kind having a school in connection therewith, except church schools as defined in Section 16-28-1, shall register annually on or before October 10 with the department of education and shall report on uniform blanks furnished by the state superintendent of education, giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property and the general condition of the school. (School Code 1927, Section 599; Code 1940, T. 52, Section 547.)

16-28-1. Private School. (A) The term “private school” as used in this chapter, shall mean and only include such schools as hold a certificate issued by the state superintendent of education, showing that such school conforms to the following requirements: (1) The instruction in such schools shall be by persons holding certificates issued by the state superintendent of education; (2) Instruction shall be offered in the several branches of study required to be taught in the public schools of this state; (3) The English language shall be used in giving instructions; (4) A register of attendance shall be kept which clearly indicates every absence of each child from such school for a half day or more during each school day of the school year; (B) The term church school, as used in this chapter, shall mean and only include such schools as offer instruction in grades K-12, or any combination thereof including the kindergarten, elementary, or secondary level and are operated as a ministry of a local church, group of churches, denomination, and/or association of churches of a nonprofit basis which do not receive any state or federal funding. (School Code 1927, Section 302; Code 1940, T. 52, Section 299.)

16-28-3. Ages of children required to attend school. Every child between the ages of seven and 16 years shall be required to attend public school, private school, church school, or be instructed by a competent private tutor for the entire length of the school term in every scholastic year except that every child attending a church school as defined in 16-28-1 is exempt from the requirements of this section, provided such child complies with enrollment and reporting procedure specified in Section 16-28-7, Code of Alabama 1975. Admission to public school shall be on an individual basis on the application of the parents, legal custodian or guardian of the child to the local board of education at the beginning of each school year, under such rules and regulations as the board may prescribe. (School Code 1927, Section 301; Code 1940, T. 52, Section 297; Acts 1956, 2nd Ex. Sess., No. 117, p. 446, Section 3.)

16-28-5. Private Tutor. Instruction by a private tutor means and includes only instruction by a person who holds a certificate issued by the state superintendent of education and who offers instruction in the several branches of study required to be taught in the public schools of this state, 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., and who uses the English language in giving instruction. Such private tutor shall, prior to beginning the instruction of any child, file with the county superintendent of education, where his place of instruction is in territory under the control and supervision of the county board of education, or the city superintendent of schools, where his place of instruction is in territory under the control and supervision of a city board of education, a statement showing the child or children to be instructed, the subjects to be taught and the period of time such instruction is proposed to be given. Such tutor shall keep a register of work, showing daily the hours used for instruction and the presence or absence of any child being instructed and shall make such reports as the state board of education may require. (School Code 1927, Section 303; Code 1940, T. 52, Section 300.)

16-28-6. Children exempt from attending public school.

(a) The following children, when issued certificates of exemption by the county superintendent of education, where they reside in territory under the control and supervision of the county board of education, or the city superintendent of schools, where they reside in territory under the control and supervision of a city board of education, shall not be required to attend school, or to be instructed by a private tutor:

(1) Children whose physical or mental condition is such as a to prevent or render inadvisable attendance at school or application to study. Before issuing such certificate of exemption, the superintendent shall require a certificate from the county health officer in counties which have a health unit, and from a regularly licensed, practicing physician in counties which do not have a health unit, that such a child is physically or mentally incapacitated for school work;

(2) Children 16 years of age and upward or children who have completed the course of study of the public schools of the state through high school as now constituted;

(3) Where because of the distance children reside from school and the lack of public transportation such children would be compelled to walk over two miles to attend a public school;

(4) Where the children are legally and regularly employed under the provisions of the law relating to child labor and hold permits to work granted under the terms of said child labor law.

(b) Nothing in this section shall be construed so as to deny any right to any child granted under the provisions of sections 16-39-1 through 16-39-12. (School Code 1927, Section 304; Code 1940, T. 52, Section 301, Acts 1947, No. 676, p. 517; Acts 1971, No. 2484, p. 3965.)

16-28-7. Report of enrollment. At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the state superintendent of education to the county superintendent of education, in the event the school is operated in territory under the control and supervision of the county board of education, the names and addresses of all children between the ages of seven and 16 years who have enrolled in such schools; and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and addresses of all children between the ages of seven and 16 years who enroll in said school or who, having enrolled, were absent without being excused, or whose absence was not satisfactorily explained by the parent, guardian or other person having control of the child. The enrollment and attendance of a child in a church school shall be filled with the local public school superintendent by the parent, guardian or other person in charge or control of the child on a form provided by the superintendent or his agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent. Should said child cease attendance at a church school, the parent, guardian, or other person in charge or control of the child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his agent that said child no longer is in attendance at a church school. (School Code 1927, Section 309; Code 1940, T. 52, Section 306.)

16-28-8. Reports required must be furnished. All school officers, including those in private schools, or private tutors, but not those in church schools, in this state, offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports the may be required by the sate superintendent of education and by the county superintendent of education or by the board of education of any city with reference to the workings of this chapter. The principal teacher of each public school, private school, church school, and each private tutor shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year. (School Code 1927, Section 310; Code 1940, T. 52, Section 307.)

16-28-11. Enrollment report and list of potential students compared. The county superintendent of education or the city superintendent of schools, as the case may be, shall upon the receipt of the report from teachers and private tutors showing the enrollment of children between the ages of seven and 16 years compare and study reports with the list which has been compiled of the children who should attend each school and ascertain what child or children required to attend school are not enrolled. (School Code 1927, Section 313; Code 1940, T. 52, Section 310.)

16-28-12. Person in loco parents responsible for child’s attendance. Each parent, guardian or other person having control or charge of any child required to attend school or be regularly instructed by a private tutor who fails to have such child enrolled in school or who fails to send such child to school or have him instructed by a private tutor during the time such child is required to attend a public school, private school, or be instructed by a private tutor, or fails to require such child to regularly attend such school or tutor, or fails to compel such child to properly conduct himself as a pupil, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $100.00 and may also be sentenced to hard labor for the county for not more than 90 days. The absence of a child without the consent of the principal teacher of the school he attends or should attend or the tutor who instructs or should instruct such child shall be prima facie evidence of the violation of this section. (School Code 1927, Section 305; Code 1940, T. 52, Section 302.)

16-28-13. Burden of proof on person in loco parents. No parent, guardian or other person having control or charge of any child shall be convicted for failure to have said child enrolled in school or for failure to send a child to school or for failure to require such child to regularly attend such school or tutor, or for failure to compel such child to properly conduct himself as a pupil, if such parent, guardian or other person having control or charge of such child can establish to the reasonable satisfaction of the court the following: (1) That the principal teacher in charge of said school which he attends or should attend or the tutor who instructs or should instruct said child gave permission for the child to be absent; or (2) That such parent, guardian or other person is unable to provide necessary books and clothes in order that he child may attend school in compliance with law, and that such parent, guardian or other person had prior to the opening of the school, or immediately after the beginning of such dependency, reported such dependent condition to the juvenile court of the county and offered to turn the child over to the state department of pensions and security as a dependent child; or (3) That such parent, guardian or other person has made a bona fide effort to control such child and is unable to do so, and files in court a written statement that he is unable to control such child; or (4) That there exists a good cause or valid excuse for such absence; or (5) That such parent, guardian or other person has made a bona fide, diligent effort to secure the regular attendance of such child and that the absence was without his knowledge, connivance or consent.

16-28-15. Absence must be explained. Every parent, guardian or other person having control or charge of any child required to attend public school, private school, or church school, shall as soon as practical explain the cause of any absence of the child under his control or charge which was without permission of the teacher, and a failure to furnish such explanation shall be admissible as evidence of such child being a truant with the consent and connivance of the person in control or charge of said child, unless such person can show to the reasonable satisfaction of the court that he had no knowledge of such absence and that he had been diligent in his efforts to secure the attendance of such child. (School Code 1927, Section 308; Code 1940, T. 52, Section 305.)

16-28-17. When child may be taken into custody. It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs of arrest to take into custody without warrant any child required to attend school or be instructed by a private tutor who is found away from home and not in the custody of the person having charge or control of such child during school hours and who has been reported by any person authorized to begin proceedings or prosecutions under the provisions of this chapter as a truant. Such child shall forthwith be delivered to the person having charge or control of said child or to the principal teacher of the school or the private tutor from whom said child is a truant. If such child is an habitual truant, he shall be brought before the juvenile court for such disposition as the judge of said court finds proper from the facts. (School Code 1927, Section 315; Code 1940, T. 52, Section 312.)

16-28-22. Prosecutions. No prosecution or proceeding under this chapter shall be begun except by The following parties: (1) The county superintendent of education or city superintendent of schools where the matter affects a school or private tutor in territory under his supervision; or (2) An attendance officer; or (3) The principal teacher of the school which the child attends or should attend; or (4) The private tutor by whom the child is instructed or should be instructed; or (5) The probation officer of the county; or (6) A duly authorized agent of the state superintendent of education or the department of pensions and security. (School Code 1927, Section 324; Code 1940, T. 52, Section 320.)

16-28-23. Attendance register and rules and regulations as evidence. The registry of attendance of pupils kept by any public school, private school, church school, or private tutor in compliance with the provisions of law or any rule and regulation promulgated by the state board of education shall be admissible as evidence of the existence or nonexistence of the facts it is required to show. A copy of any rule and regulation of the state board of education, duly certified as true and correct by the state superintendent of education shall be admissible as evidence of the provisions of such rule and regulations, and the statement in the certificate of the state superintendent of education of the date of the promulgation shall be admissible as evidence that such rule or regulation was duly promulgated on the day and date named. (School Code 1927, Section 325; Code 1940, T. 52, Section 321.)

16-4-16. The state superintendent of education shall prepare, or cause to be prepared, and submit for approval and adoption by the state board of education a uniform series of forms and blanks for the use of county boards of education, boards of education of cities, school officials and teachers, and it shall be his duty to see that all financial matters and all educational records are made according to these forms and blanks. He shall also prepare, or cause to be prepared, and submit for approval and adoption by the state board of education forms and blanks to be used in the annual report and the monthly reports of persons conducting private schools and of private educational associations, corporations or institutions except church schools as defined in Section 16-28-1.

16-40-1. Physical education required. Every public school and private school, except church schools as defined in 16-28-1, shall carry out a system of physical education, the character of which shall conform to the program or course outlined by the department of education. (School Code 1927, Section 621; Code 1940, T. 52, Section 555.)

Section 10. Notwithstanding entitlement to the exemptions provided church school sunder Section 16-28-1, 16-1-11, 16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-23 and 16-40-1 any church school s defined in Section 16-28-1 (B) shall certify to the local public school superintendent on forms supplied by the superintendent to the requesting church school that the exemptions specified herein are waived.

Note: 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 “covering” or “umbrella” schools which will oversee their homeschooling programs and answer to the state.

Alabama Laws and Regulations

An overview of the homeschool laws and regulations of Alaska, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Alaska State Legislature

http://www.legis.state.ak.us/

SB 134 passed unanimously both Houses of the Alaska Legislature in April, 1997 and became law on September 2, 1997. SB 134 adds an exemption to the Compulsory Education Law in statute allowing children to be homeschooled by a parent or guardian. No strings attached. The text of the bill (now law) follows:

BASIS Text for CSSB 134(HES)

SB 134 SO134B

1. “An Act relating to home schooling for elementary and secondary students.”
2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3. *Section 1. AS 14.30.010(b) is amended by adding a new paragraph to read:
4. (12) is being educated in the child’s home by a parent or legal guardian.

SB134 does not eliminate the possibility for families to participate in state or district sponsored correspondence programs or becoming private schools. It simply codifies current practice for many homeschoolers throughout the state – who were not within the law previously. Also, it allows homeschoolers who were previously involved with government programs or registered as private schools to simplify their structure – if they desire to do so.

Alaska Laws and Regulations

An overview of the homeschool laws and regulations of Arizona, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Arizona Legislature Home Page

http://www.azleg.state.az.us/

Arizona 15-745 Children instructed at home; testing; prohibition

A. Nothing in this article shall be construed to require the testing of children who are instructed in a home school program while they are receiving home school instruction.

B. A child who enrolls in a kindergarten program or grades one through twelve after receiving instruction in a home school program shall be tested pursuant to this article in order to determine the appropriate grade level for the educational placement of the child.

15-802 School instruction; exceptions; violations; classification; definitions

A. Every child between the ages of six and sixteen years shall attend a school and 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, charter or home school as defined in this section to provide instruction.

B. The parent or person who has custody shall do the following:

1. If the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a public, private or charter school for the full time school is in session. If a child attends a school which is operated on a year-round basis the child shall regularly attend during school sessions that total not less than one hundred seventy-five school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.
2. If the child will attend a private school or home school, file an affidavit of intent with the county school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a home school. The affidavit of intent shall include:(a) The child’s name.

   (b) The child’s date of birth.

   (c) The current address of the school the child is attending.

   (d) The names, telephone numbers and addresses of the persons who currently have custody of the child.

3. . If the child will attend home school, the child has not reached eight years of age by September 1 of the school year and the person who has custody of the child does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to subsection B, paragraph 2 stating that the person who has custody of the child does not desire to begin home school instruction.

C. An affidavit of intent shall be filed within thirty days from the time the child begins to attend a private school or home school and is not required thereafter unless the private school or 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 private school or a home school. If the private school or 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.

D. A person is excused from the duties prescribed by subsection A or B of this section if any of the following are shown to the satisfaction of the school principal or the school principal’s designee:

• . The child is in such physical or mental condition that instruction is inexpedient or impracticable.
• The child has completed the high school course of study necessary for completion of grade ten as prescribed by the state board of education.
• The child has presented reasons for nonattendance at a public school which are satisfactory to the school principal or the school principal’s designee. For purposes of this paragraph, the principal’s designee may be the school district governing board.
• The child is over fourteen years of age and is, with the consent of the person who has custody of him, employed at some lawful wage earning occupation.
• The child is enrolled in a work training, career education, vocational or manual training program which meets the educational standards established and approved by the department of education.
• . The child was either: (a) Suspended and not directed to participate in an alternative education program. (b) Expelled from a public school as provided in article 3 of this chapter.
• The child is enrolled in an education program provided by a state educational or other institution.

E. Unless otherwise exempted in this section or section 15-803, a parent of a child between six and sixteen years of age or a person who has custody of a child, who does not provide instruction in a home school and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section is guilty of a class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a home school is guilty of a petty offense.

F. For the purposes of this section:

1. “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.
2. . “Private school” means a nonpublic institution, other than the child’s home, where academic instruction is provided for at least the same number of days and hours each year as a public school. Home school interscholastic activities

Section 1. Section 15-802.01, Arizona Revised Statutes, is amended to read:

Children instructed at home; participation in interscholastic activities.

A. Notwithstanding any other law, a child who resides within the attendance area of a public school and who is instructed at home may be allowed to participate in interscholastic activities on behalf of the public school. If a school declines to allow children instructed at home to participate in an interscholastic activity, the children instructed at home who reside within the attendance area of the school may be allowed to participate in the interscholastic activity on behalf of any other school. The state board of education shall adopt rules prescribing procedures for the participation of children instructed at home in interscholastic activities, including, if necessary, requiring the child to take a nationally standardized norm-referenced achievement test or academic evaluation for verification of academic performance. The rules adopted by the state board of education shall provide that a child who is instructed at home and who was previously enrolled in a school shall be ineligible to participate in interscholastic activities on behalf of a different school for the remainder of the school year during which the child was enrolled in a school.

1. A school district shall not contract with any private entity that supervises interscholastic activities if the private entity prohibits the participation of children instructed at home in interscholastic activities . APPROVED BY THE GOVERNOR APRIL 4, 1997. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 4, 1997. 1997 Arizona State Board of Education

R7-2-810. Procedures for the participation of children instructed at home in interscholastic activities

A. Definitions. The following definitions shall apply when used in this rule:

1. “Children instructed at home” and “Student” means children who are not enrolled full time in a public or private educational institution and whose parent or guardian has an Affidavit of Intent to Home School on file with the County School Superintendent.
2. ” Interscholastic activities” are all activities involving more than one school which are of a competitive nature and which are coordinated through and governed by an interscholastic organization or association.
3. “Participate” means having been selected to represent a school and taking part in an interscholastic activity as a member of a team, squad of group which has been organized for the purpose of interscholastic contests.

B. Opportunity to demonstrate skill and proficiency in an interscholastic activity shall be afforded to students as a prerequisite to acceptance onto a team, squad or group in a manner consistent with that established for students enrolled in the school.

C. If chosen as a member of team, squad or group, the student may participate in an interscholastic activity on behalf of a public school within the attendance area where the student resides. If a school declines to allow a student to participate in an interscholastic activity, the student may be allowed to participate in the interscholastic activity on behalf of any other school.

D. Eligibility.

1. If a student reaches the age of 15 on or before September 1 of the school year, the student shall not be eligible to participate at the seventh and eighth grade levels.
2. If a student reaches the age of 19 on or before September 1 of the school year, the student shall not be eligible to participate at the ninth through twelfth grade levels.
3. A student shall be required to earn a passing grade in each course of subject in which the student is instructed and maintain satisfactory progress toward advancement, promotion or graduation.

E. Ineligibility.

1. When it is determined that a student has failed to meet the requirements specified for eligibility, the student shall be declared ineligible to participate and shall remain ineligible until the requirements of eligibility are met.
2. If a student had been enrolled in a public school on a full-time basis, the student shall not be eligible to participate in interscholastic activities as a home schooled student until an Affidavit of Intent to Home School has been filed with the County School Superintendent and 30 days has elapsed since the filing of the affidavit.
3. Students who were previously enrolled in a school shall be ineligible to participate in interscholastic activities on behalf of a different school to the remainder of the school year during which the student was enrolled in a school.

F. At least every nine weeks, or more frequently as determined by the school, and consistent with the policies established for students enrolled in the school, the individual providing the primary instruction of a student shall submit a notarized affidavit which provides:

1. That the affidavit is being submitted under penalty of perjury;
2. Whether the student is receiving a passing grade in each course or subject being taught;
3. . Whether the student is maintaining satisfactory progress towards advancement or promotion.

G. School policies related to transportation, insurance, physical condition, fee uniforms, practice requirements and event schedules shall be consistent with policies established for students enrolled in the school and shall be available to parents and guardians upon request.

1. Students shall register and pay fees established by the school for participation in interscholastic activities and meet all qualifications, responsibilities and standards of behavior and performance, including those related to demonstration of skill and proficiency, practice requirements, physical prerequisites and acceptance unto the team, squad or group. Registration, fees, qualifications, responsibilities and standards of behavior and performance for home schooled students shall be consistent with the fees, qualifications, responsibilities and standards of behavior and performance established for students enrolled in the school.

15-828 . Birth certificate; school records; exception

A. On enrollment of a pupil for the first time in a particular school district or private school offering instruction to pupils in any kindergarten programs or grades one through twelve, that school or school district shall notify the person enrolling the pupil in writing that within thirty days he must provide The following:

1. A certified copy of the pupil’s birth certificate.:
2. Other reliable proof of the pupil’s identity and age, including the pupil’s baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.:
3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.:

B. If a child is instructed at home pursuant to section 15-802, the person who has custody of the child shall, within thirty days after the home instruction begins, provide to the county school superintendent of the county in which the child resides The following::

1. A certified copy of the child’s birth certificate.:
2. Other reliable proof of the child’s identity and age, including the child’s baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.:
3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.:

C. On presentation of a document pursuant to this section, a photocopy of the document shall be placed in the pupil’s file and the document that is presented shall be returned.:

D. On the failure of a person enrolling a pupil or instructing a child at home to comply with subsection A or B of this section, the school, school district or county school superintendent shall notify that person in writing that, unless he complies within ten days, the case shall be referred to the local law enforcement agency for investigation. If compliance is not obtained within the ten day period, the school, school district or county school superintendent shall refer the case to the local law enforcement agency.:

E. The school, school district or county school superintendent shall immediately report to the local law enforcement agency any affidavit received pursuant to this section which appears inaccurate or suspicious in form or content.:

F. Within five school days after enrolling a transfer pupil from a private school or another school district, a school shall request directly from the pupil’s previou school a certified copy of his record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. Notwithstanding any financial debt owed by the pupil, any school requested to forward a copy of a transferring pupil’s record to the new school shall comply and forward the record within five school days after receipt of the request unless the record has been flagged pursuant to section 15-829. If the record has been flagged, the requested school shall not forward the copy and shall notify the local law enforcement agency of the request. School districts shall include in the educational records required by this subsection data collected pursuant to section 15-741, as prescribed by the state board of education.:

G. Nothing in subsection D, E or F of this section shall authorize the school district or the county school superintendent to disclose to any person the pupil’s educational records or any other information directly related to the pupil without prior parental consent unless the school district or the county school superintendent makes a determination that disclosure of such records is necessary to protect the health and safety of the pupil.:

H. The provisions of this section do not apply to homeless pupils as defined in section 15-824, subsection C.:

Arizona Laws and Regulations

An overview of the homeschool laws and regulations of Arkansas, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Arkansas State Legislature

Arkansas Education Code: Sections Relevant to Homeschoolers

6-18-201. Compulsory Attendance – Exceptions [As amended by Acts1991, No. 320, Sec. 1].

(a) Every parent, guardian, or other person residing within the State of Arkansas having custody or charge of any child or children age five (5) through seventeen (17) years on October 1 of that year, both inclusive, shall enroll and send the child or children to a public, private, or parochial school or provide a home school for the child or children as described in Sec. 6-15-501 et seq. under such penalty for noncompliance as shall be set by law with the following exceptions:

1. Any child who has received a high school diploma, or its equivalent as determined by the State Board of Education, is not subject to attendance requirement.
2. Any parent, guardian, or other person residing within the state and having custody or charge of any child or children may elect for the child or children not to attend kindergarten if the child or children will not be age six (6) on October 1 of that particular school year. If such an election is made, the parent, guardian, or other person having custody or charge of the child must file a signed kindergarten waiver form with the local district administrative office. Such form shall be prescribed by regulation of the State Department of Education. On filing the kindergarten waiver form, the child or children shall not be required to attend kindergarten in that school year.
3. Any child age sixteen (16) or above enrolled in a post secondary vocational-technical institution, a community college,or a two-year or four-year institution of higher education is not subject to this attendance requirement.

(b) Any child who will be six (6) years of age on or before October 1 of the school year of enrollment and who has not completed a state-accredited kindergarten program shall be evaluated by the district and placed either in the first grade or kindergarten depending upon the results of the evaluation.

Subchapter 5 – Homeschools

Section 6-15-501.

Definition.

As used in this subchapter, unless the context otherwise requires, “home school” means a school primarily conducted by parents or legal guardians for their own children.

6-15-502. Rules, regulations, and procedures for monitoring and enforcing provisions.

(a) The provisions of Sec. 6-18-201(a) shall be self-executing,and the State Board of Education shall have no authority to promulgate rules, regulations, or guidelines for the enforcement or administration thereof.

(b) The State Board of Education is empowered to make such reasonable rules and regulations required for the proper administration of this subchapter and Sac. 6-18-201(a) which are not inconsistent with the intent of this subchapter and Sec. 6-18-201(a).

(c) In addition, the State Board of Education shall cause procedures to be developed which will insure that the provisions of this subchapter and 6-18-201(a) are properly monitored and enforced. 6-15-503. Prerequisites to home schooling.

(1) Parents or guardians desiring to provide a home school for their children must comply with the following requirements: (A) Give written notice to the superintendent of their local school district by August 15, or by December 15 for the spring semester, of each school year of their intent to provide a homeschool for their child. Notice must include:

• The name, date of birth, grade level, and the name and address of the school last attended, if any, of each student involved;
• The location of the home school;
• The basic core curriculum to be offered;
• The proposed schedule of instruction; and
• The qualifications of the parent/teachers.

(B) This information may be used only for statistical purposes. (2) Agree for students enrolled in the home school who are seven (7) years old or older on the date of the test to be tested annually by May 1 using a nationally recognized standardized achievement test chosen by the parents from a list of such tests provided by the State Board of Education. In addition, each home school student who is fourteen (14) years old on the date of the test must take the minimum performance test required of all eighth grade public school students.

(3) Provide information about any student to be enrolled in the home school which might indicate the need for special education services.

6-15-503

(a)(1) and (2) Parents or guardians desiring to provide a home school for their children must give written notice to the superintendent of their local school district of their intent to provide a home school for their child. and sign a waiver acknowledging that the State of Arkansas is not liable for the education of their child during the time that parent chooses to home school:

(A) the beginning of each school year but no later than August 15 or

(B) By December 15 for parents who decide to start home schooling at the beginning of the spring semester or

(C) Subject to the provisions of subsections (d) and (e) of this section, fourteen (14) calendar days prior to withdrawing the child from the local school district and at eh beginning of each school year thereafter.  The superintendent or the local school board may waive the fourteen (14) day waiting period.

(2) Parents or guardians moving in the school district during the school year must give written notice to the superintendent of their local school district of their intent to provide a home school for their child and sign a waiver acknowledging that the State  of Arkansas is not liable for the education of their child during the time that parent chooses to home school within 30 days (30) calendar days of establishing residency within the district.

6-15-504. Annual Achievement Tests – Requirement and Procedure.

(a) Each student enrolled in a home school program who is seven (7) years of age through sixteen (16) years of age on May 1 of each school year shall be tested annually by May 1 using a nationally recognized standardized achievement test chosen by the parents from a list of such tests provided by the State Board of Education.

(b) The test administered to a student who is seven (7) years of age shall be for the purpose of obtaining educational baseline data on the student.

(c) The administration of the test required of home school students shall be by the Director of the Department of Education, General Division, or his designee, which may include a school district or an educational cooperative.

(d) Such administration shall include purchasing the test materials, giving the test, scoring and interpretation of the test, and reporting test results.

(e) The parent/teacher may be present when home school students are tested, but in such instance, both the parent and the student shall be under the supervision of the test administrator.

(f) The cost of testing required by this subchapter shall be reimbursed to the state by the parent or guardian of the student.

6-15-505. Report of test results – Unsatisfactory Results.

(a) (1) Test results shall be reported to the parent/teacher of the home school, the superintendent of the school district in which the home school is located, and the Department of Education. (2) Personally identifiable test scores shall be confidential and shall not be released without the consent of the parent. (3) When test results of the home school student are unsatisfactory, a program of remediation should be planned and implemented by the parent/teacher. (4) Any student eight (8) years of age or older whose test results are unsatisfactory shall be enrolled in a public, private, or parochial school unless, prior to the beginning of the next school year, such student retakes the same test and achieves a satisfactory score.

(b) (1) Unsatisfactory test results on the standardized achievement battery shall mean, for all grades, achieving a composite score on reading, mathematics, and language arts that is more then eight (8) months below expected grade level plus, for grade 6 and above, scores on science and social studies tests which are more than eight (8) months below expected grade level. (2) Unsatisfactory test results on the minimum performance test shall mean not achieving the standard of mastery established for such test by the State Board of Education.

(c) Remediation must be provided for students scoring below the mastery level on the minimum performance test, and all students must pass this test before entering the ninth grade.

(d) Notification that a student has not scored satisfactorily on the standardized achievement battery and thus must return to a public, private, or parochial school will come from the Department of Education.

(e) Any student required to return to a public, private, or parochial school must continue attendance at a public, private, or parochial school until the student achieves satisfactory test results as defined by this section.

(f) Authority is specifically given to the Department of Education to make an exception where improvement on test scores indicates that continued home education would not be adverse to the child’s interest.

6-15-506. Children Needing Special Education.

(a) Any student who has been identified pursuant to the provisions of Public Law 94-142 and Sec. 6-41-201 et seq. as needing special education services shall not be eligible to meet the requirements of compulsory attendance by participating in a home school program unless the parent/teacher of such child holds a valid certification from the State of Arkansas to teach special education courses in a public or private school.

(b) Any student participating in a home school program whose performance on the tests required by this subchapter indicates the student may be in need of special education service shall be referred for evaluation in accordance with the provisions of Public Law 94-142 and Sec. 6-41-201 et seq. and the regulations promulgated thereunder. If the student is identified as needing special education service, the student shall be enrolled in a public, private, or parochial school unless the parent/teacher of such student holds a valid certification from the State of Arkansas to teach special education in a public, private, or parochial school and submits procedures for implementing an individualized education plan (IEP) which includes specific goals and objectives.

6-15-507. Ineligibility of Home Schools for Local, State, or Federal Funds — Exception.

Home schools authorized by this subchapter shall not be eligible for local, state, or federal funds allocated to a public school district except those funds specifically authorized and allocated to a special education student covered by Sec. 6-15-506.

The letter of intent form says, verbatim: “Give a brief description of the basic core curriculum to be offered, including a list of the subjects to be taught and any home-based curricular materials to be used.” This curriculum is NOT subject to approval by the state. Most people just list the basics, and state if they’re using A Beka, or Bob Jones, or whatever, and that satisfies the requirement. The law does not discuss “approval” of the curriculum itself. Arkansas law is vague. It does not define a “basic core curriculum.” However, section 6-15-502 does grant the State Board of Education the authority to write rules and regulations and to develop procedures concerning the proper administration, monitoring and enforcement of this law. Despite the disclaimer that all information “is to be used for statistical purposes only,” the curriculum requirement is already in the law. All the BOE needs to do is tighten up its definition of a “basic core curriculum.” Unless you then satisfy their new definition, your notification may not be considered “complete.”

Arkansas Laws and Regulations

An overview of the homeschool laws and regulations of California, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Official California Legislative Information

http://www.leginfo.ca.gov/

Compulsory attendance – Between 6 and 18 years of age.

Teacher certification required – No, if the home school registers as a private school or enrolls in an independent study program with a private school. Certification is necessary only if the home school parent chooses to qualify as a private tutor.

California Education Code: Sections Relevant to Homeschoolers

33190. Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall between the first and 15th day of October of each year, commencing on October 1, 1967, file with the Superintendent of Public Instruction an affidavit or statement, under penalty of perjury, by the owner or other head setting forth the following information for the current year:

(a) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business.

(b) The address, including city and street, of every place of doing business of the person, firm, association, partnership, or corporation within the State of California.

(c) The address, including city and street, of the location of the records of the person, firm, association, partnership, or corporation, and the name and address, including city and street, of the custodian of such records.

(d) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation.

(e) The school enrollment, by grades, number of teachers, coeducational or enrollment limited to boys or girls and boarding facilities.

(f) That the following records are maintained at the address stated, and are true and accurate:

(1) The records required to be kept by Section 48222.

(2) The courses of study offered by the institution.

(3) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each.

(g) Criminal record summary information has been obtained pursuant to Section 44237.

Whenever two or more private schools are under the effective control or supervision of a single administrative unit, such administrative unit may comply with the provisions of this section on behalf of each of the school under its control or supervision by submitting one report.

Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, or any division or bureau of the department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact.

The Superintendent of Public Instruction shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator.

48200. Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or Chapter 3 (commencing with Section 48400) is subject to compulsory full-time education. Each person subject to compulsory full-time education and each person subject to compulsory continuation education not exempted under the provisions of Chapter 3 (commencing with Section 48400) shall attend the public full-time day school or continuation school or classes and for the full time designated as the length of the school day by the governing board of the school district in which the residency of either the parent or legal guardian is located and each parent, guardian, or other person having control or charge of the pupil shall send the pupil to the public full-time day school or continuation school or classes and for the full time designated as the length of the school day by the governing board of the school district in which the residence of either the parent or legal guardian is located.

48220. The classes of children described in this article, shall be exempted by the proper school authorities from the requirements of attendance upon a public full-time day school.

48222. Children who are being instructed in a private full-time day school by persons capable of teaching shall by exempted. Such school shall, except under the circumstances described in Section 30, be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state. The attendance of the pupils shall by kept by private school authorities in a register, and the record of attendance shall indicate clearly every absence of the pupil from school for a half day or more during each day that school is maintained during the year.

Exemptions under this section shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section 33190 requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course.

48224. Children not attending a private, full-time day school and who are being instructed in study and recitation for at least threes hours a day for 175 days each calendar year by a private tutor or other person in the several branches of study required to be taught in the public schools of this state and in the English language shall be exempted. The tutor or other person shall hold a valid state credential for the grade taught. The instruction shall be offered between the hours of 8 o’clock a.m. and 4 o’clock p.m.

48415. In the case of attendance upon private school, exemption from the requirements of attendance upon compulsory continuation education shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section 33190 requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course.

51210. The adopted course of study for grades 1 through 6 shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study:

(a) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition.

(b) Mathematics, including concepts, operational skills, and problem solving.

(c) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system including the role of the entrepreneur and labor; man’s relations to his human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources.

(d) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on man’s place in ecological systems.

(e) Fine arts, including instruction in the subjects of art and music, aimed at the development of aesthetic appreciation and the skills of creative expression.

(f) Health, including instruction in the principles and practices of individual, family, and community health.

(g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 school days, exclusive of recesses and the lunch period.

51220. The adopted course of study for grades 7 to 12, inclusive, shall offer courses in the following areas of study:

(a) English, including knowledge of and appreciation for literature, language, and composition, and the skills of reading, listening, and speaking.

(b) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instructions shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust, and contemporary issues.

(c) Foreign language or languages, beginning not later than grade 7, designed to develop a facility for understanding, speaking, reading, and writing the particular language.

(d) Physical education, with emphasis given to physical activities that are conducive to health and to vigor of body and mind.

(e) Science, including the physical and biological aspects, with emphasis on basic concepts, theories, and processes of scientific investigation and on the place of humans in ecological systems, and with appropriate applications of the interrelation and interdependence of the sciences.

(f) Mathematics, including instruction designed to develop mathematical understandings, operational skills, and insight into problem-solving procedures.

(g) Fine arts, including art, music, or drama, with emphasis upon development of aesthetic appreciation and the skills of creative expression.

(h) Applied arts, including instruction in the areas of consumer and homemaking education, industrial arts, general business education, or general agriculture.

(i) Vocational-technical education designed and conducted for the purpose of preparing youth for gainful employment in the occupations and in the numbers that are appropriate to the personnel needs of the state and the community served and relevant to the career desires and needs of the pupils.

(j) Automobile driver education, designed to develop a knowledge of the provisions of the Vehicle Code and other laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness and consequences of traffic accidents, and to develop the knowledge and attitudes necessary for the safe operation of motor vehicles. A course in automobile driver education shall include education in the safe operation of motorcycles.

(k) Other studies as may be prescribed by the governing board.

51220.5. (a) The Legislature finds and declares the following:

(1) The family is our most fundamental social institution and the means by which we care for, prepare, and train our children to be productive members of society.

(2) Social research shows increasingly that the disintegration of the family is a major cause of increased welfare enrollment, child abuse and neglect, juvenile delinquency, and criminal activity.

(3) The lack of knowledge of parenting skills and the lack of adequate preparation to assume parental responsibilities are not only major causes of family disintegration, but also contribute substantially to the disastrous consequences of teen pregnancy.

(4) Because the state government bears much of the economic and social burden associated with the disintegration of the family in California, the state has a legitimate and vital interest in adequately preparing its residents for parenthood.

(b) The Legislature recognizes that the public education system is the most efficient and effective means to educate the populace on a large-scale basis,, and intends, therefore, to use the public education system to ensure that each California resident has an opportunity to acquire knowledge of parenting skills prior to becoming a parent. That knowledge should include, at a bare minimum, all of the following:

1. Child development and growth.
2. Effective parenting.
3. Prevention of child abuse.
4. Nutrition.
5. Household finances and budgeting.
6. Personal and family interaction and relations.
7. Methods to promote self-esteem.
8. Effective decision making skills.
9. Family and individual health.

(c) Commencing with the 1995-96 fiscal year, the adopted course of study for grade 7 or 8 shall include the equivalent content of a one-semester course in parenting skills and education. All pupils entering grade 7 on or after July 1, 1995, shall be offered that course or its equivalent content during grade7 or 8, or both. On or before January 1, 1995, the State Department of Education shall supply, to each school district that includes a grade 7 or 8, a sample curriculum suitable either for implementation as a stand-alone one-semester course or for incorporation within identified existing required or optional courses, with content designed to develop a knowledge of topics including, but not limited to, all of the following:

1. Child growth and development.
2. Parental responsibilities.
3. Household budgeting.
4. Child abuse and neglect issues.
5. Personal hygiene.
6. Maintaining healthy relationships.
7. Teen parenting issues.
8. Self-esteem.

A district that implements the curriculum set forth in this subdivision in a stand-alone required course may exempt a pupil from the course if the pupil requests the exemption and satisfactorily demonstrates mastery of the course content. The district shall determine the method by which a pupil may demonstrate this mastery.

(d) Commencing with the 1993-94 fiscal year, community college districts may offer, to interested, individuals, noncredit fee-supported courses in parenting skills and education as described in subdivision (c).

(e) This section is not intended to replace existing courses that accomplish the intent of this section. School districts may meet the requirements of this section with existing courses of study offered in any of grades 6 to 9, inclusive, that includes the course contents identified in subdivision (c). When the parenting skills and education curriculum is incorporated within courses other than consumer and home economics courses, these courses are not subject to the curricular standards specified in Section 2 of Chapter 775 of the Statutes of 1989 or in the consumer and home economics education model performance standards and framework. Teachers of courses other than consumer and home economics that incorporate parenting skills and education are not required to meet the qualifications specified for teachers of consumer and home economics.

(f) This section shall become operative only if a funding source is identified by the Superintendent of Public Instruction for the purposes of this section on or before January 1, 1995.

(g) The Superintendent of Public Instruction shall identify the funding source for this section from existing resources or private resources, or both, that may be available for the purposes of this section. The superintendent shall notify school districts when sufficient funds have been identified and are allocated to cover all costs relating to the operation of this section.

51221. Instruction required by subdivision (b) of Section 51220 in the area of study of social sciences shall also provide a foundation for understanding the wise use of natural resources.

51745. (a) Commencing with the 1990-91 school year, the governing board of a school district or a county office of education may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. Educational opportunities offered through independent study may include, but shall not be limited to, the following:

1. Special assignments extending the content of regular courses of instruction.
2. Individualized study in a particular area of interest or in a subject not currently available in the regular school curriculum.
3. Individualized alternative education designed to teach the knowledge and skills of the core curriculum. Independent study shall not be provided as an alternative curriculum.
4. Continuing and special study during travel.
5. Volunteer community service activities that support and strengthen pupil achievement.

(b)Not more than 10 percent of the pupils participating in an opportunity school or program, or a continuation high school, calculated as specified by the State Department of Education, shall be eligible for apportionment credit for independent study pursuant to this article.

(c)No individual with exceptional needs, as defined in Section 56026, may participate in independent study, unless his or her individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of part 30 specifically provides for that participation.

(d) No temporarily disabled pupil may receive individual instruction pursuant to Section 48206.3 through independent study.

(e) No course included among the courses required for high school graduation under Section 51225.3 shall be offered exclusively through independent study.

51747.3. (a) No local education agency may claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the agency has provided any funds or other thing of value to the pupil or his or her parent or guardian that the agency does not provide to students who attend regular classes or to their parents or guardians.

California Laws and Regulations

An overview of the homeschool laws and regulations of Colorado, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Colorado State Legislature Information

For the most recent updates to Colorado’s Homeschool Law visit Colorado’s Homeschool Law in a Nutshell.

Colorado Home School Law, updated June 1994

22-33-104. Compulsory school attendance.

(1) Every child who has attained the age of seven years and is under the age of sixteen years, except as provided by this section, shall attend public school for at least one thousand fifty-six hours if a secondary school pupil or nine hundred sixty-eight hours if an elementary school pupil during each school year; except that in no case shall a school or schools be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education.

(2) The provisions of subsection (1) of this section shall not apply to a child:

(b) Who is enrolled for a minimum of one hundred seventy-two days in an independent or parochial school which provides a basic academic education. “Basic Academic Education” for the purpose of this article means the sequential program of instruction provided by an independent or parochial school. Such programs shall include, but not be limited to, communication skills of reading, writing and speaking mathematics, history, civics, literature and science.

(i)Who is being instructed at home:

(I)By a teacher certified pursuant to article 60 or 61 of this title; or

(II)Under a non-public-home-based educational program pursuant to section 22-33-104.5.

22-33-104.5 Home-based education – legislative declaration – definitions – guidelines.

(1) The general assembly hereby declares that it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of non-public, home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that non-public home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of non-public education.

(2) As used in this section:

(a) “Non-public, home-based educational program” means the sequential program of instruction for the education of a child which takes place in a home, which is provided by the child’s parent or by an adult relative of the child designated by the parent, and which is not under the supervision and control of a school district. This educational program is not intended to be and does not qualify as a private and non-profit school.

(b) “Parent” includes a parent or guardian.

(c) “Qualified Person” means an individual who is selected by the parent of a child who is participating in a non-public home-based educational program to evaluate such child’s progress and who is a certified teacher, pursuant to article 60 of this title, a teacher who is employed by an independent or parochial school, a licensed psychologist, or a person with a graduate degree in education.

(3) The following guidelines shall apply to a non-public home-based educational program.

(a) A parent or an adult relative designated by the parent to provide instruction in a non-public home-based educational program shall not be subject to the requirements of the “Teacher Certification Act of 1975, article 60 of this title, nor to the provisions of article 61 of this title relating to teacher employment.

(b) A child who is participating in a non-public home-based educational program shall not be subject to compulsory school attendance as provided in this article; except that any child who is habitually truant, as defined in section 22-33-107(3), at any time during the last six months that the child attended school before proposed enrollment in a non-public home-based educational program may not be enrolled in the program unless the child’s parents first submit a written description of the curricula to be used in the program, along with the written notification of establishment of the program required in paragraph (e) of subsection (2) of this section to the superintendent of the child’s school district of residence.

(c) A non-public home-based educational program shall include no less than one hundred seventy-two days of instruction, averaging four instructional contact hours per day.

(d) A non-public 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.

(e) Any parent establishing a non-public home-based educational program shall provide written notification of the establishment of said program to the local school district of residence 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 non-public 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.

(f) Each child participating in a non-public 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 local school district of residence 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 local school district of residence. The purpose of such tests or evaluations shall be to evaluate the educational progress of each child.

(g) The records of each child participating in a non-public home-based educational program shall be maintained on a permanent basis by the parent in charge and in control of said program. The records shall include, but need not be limited to: attendance data, test and evaluation results, and immunization records, as required by sections 25-4-901, 25-4-902, and 25-4-903, C.R.S. Such records shall be produced to the local school district of residence upon fourteen days written notice, if the superintendent of said school district has probable cause to believe that said program is not in compliance with the guidelines established in this subsection (3).

(4) Any child who has participated in a non-public home-based educational program and who subsequently enrolls in the public school system may be tested by the school district for the purpose of placing the child in the proper grade and shall then be placed at the grade level deemed most appropriate by the local school district of residence.

(5)(a)(I) If test results submitted to the local school district of residence pursuant to the provisions of paragraph (f) of subsection (3) of this section show that a child participating in a non-public home-based educational program received a composite score on said test which was above the thirteenth percentile, such child shall continue to be exempt from the compulsory school attendance requirement of this article. If the child’s composite score on said test is below the thirteenth percentile, the local school district of residence shall require the parents to place said child in a public, or independent, or parochial school until the next testing period: except that no action shall be taken until the child is given the opportunity to be retested using an alternate version of the same test or a different nationally standardized achievement test selected by the parent from a list of approved tests supplied by the state board. Local school district of residence shall require the child’s parents to place the child in a public or independent or parochial school until the next testing period.

(b) If the child’s test or evaluation results are submitted to an independent or parochial school, said school shall notify the local school district of residence if the composite score on said test was at or below the thirteenth percentile, or if the evaluation results show that the child is not making sufficient academic progress. The local school district of residence shall then require the parents to proceed in the manner specified in paragraph (a) of this subsection (5).

(6)(a) If a child is participating in a non-public home-based educational program but also attending his local school district of residence for a portion of the school day, the local school district of residence shall be entitled to count such child in accordance with the provisions of section 22-53-103 (7) for purposes of determining pupil enrollment under the “Public School Finance Act of 1988″, article 53 of this title.

(b) For purposes of this subsection (6), a child who is participating in a non-public home-based educational program may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school in the child’s public school district of residence or offered by a private school, at the private school’s discretion, provided the child:

(I) Is in compliance with all laws governing non-public home-based education;

(II) Meets all of the public school district’s eligibility requirements for participation in the extracurricular or interscholastic activity, except for class attendance requirements of the school district or any recognized association of schools organizing and controlling the extracurricular or interscholastic activities, if the child elects to participate in an extracurricular or interscholastic activity through a public school;

(B) Meets all eligibility requirements established by a private school in the extracurricular or interscholastic activity, if the child elects to participate in an extracurricular or interscholastic activity through a private school.

(III) Has not been ruled academically ineligible to participate in extracurricular or interscholastic activities while a public school student within the last two years; and

(IV) Fulfills the same responsibilities and standards of behavior and performance, including related classroom or practice requirements, as other students participating in the extracurricular or interscholastic activity of the team, squad or group, and meets the same standard for participation with the team, squad or group.

(c) No child participating in an interscholastic activity pursuant to paragraph (b) of this subsection (6) shall be considered attending the local school district of residence for purposes of determining pupil enrollment under paragraph (a) of this subsection (6).

Colorado Laws and Regulations

An overview of the homeschool laws and regulations of Connecticut, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Connecticut State Legislature

Connecticut Homeschool Network, Inc.

Compulsory attendance between the ages of 7 and under 16

Teacher certification required – No

State required subjects or courses – Instruction equivalent to public schools

Required number of hours per day per year – At least 180 days a year

Connecticut Regulations

In 1990 the state revised the “Guidelines” that govern the oversight of homeschools. In simple terms you fill in a Notice of Intent Form (submitted to the local school department) which just commits you to teach the required subjects, however you please, using whatever curriculum you desire. You are required to do a portfolio review in the spring to demonstrate that you have been teaching. That’s all. The practice of this system has been pretty fair as well. While some towns have made extra requests in connection with the portfolio review, these are not necessary and need not be honored.

Connecticut Homeschooling Guidelines

Policy on Home Instruction of Children

The State Board of Education acknowledges the right of parents to instruct their children at home as an alternative to public school attendance; and advises local and regional boards of education, where such child would otherwise be attending public school, to acknowledge home instruction when the parent or person having control of a child between the ages of 7 and 16 is able to show that the child is receiving equivalent instruction in the studies taught in the public schools.

Statutory Reference: 10-184 and 10-220

Pertinent Law and Information

C.G.S. Section 10-184

Duties of parents.

All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and citizenship, including a study of the town, state and federal governments. Each parent or other person having control of a child seven years of age and over and under sixteen years of age shall cause such child to attend a public day school regularly during the hours and terms the public school in the district wherein such child resides is in session or while the school is in session in which provision for the instruction of such child is made according to law, unless the parent or persons having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools.

C.G.S. Section 10-220

“…shall cause each child seven years of age and over and under sixteen living in the school district to attend school In accordance with the provisions of Section 10-1 84

Outline of Recommended Home Instruction Procedures

Parents are recommended to file with the superintendent of schools in the town in which they reside a state Department of Education developed notice of intent form which provides basic information about the program to be provided to their child. A notice of Intent will be effective for up to one school year.

2. Filing must occur within ten days of the start of the home instruction program.

3. The school district will receive the notice of Intent, check it for completeness and keep it as part of the district’s permanent records. A complete form will be one which provides basic program information including name of teacher, subjects to be taught and days of instruction, and the teacher’s method of assessment.

4. A parent, by filing a notice of intent, acknowledges full responsibility for the education of their child in accordance with the requirements of state law. Receipt of a notice of intent in no way constitutes approval by a school district of the content or effectiveness of a program of home instruction.

5. If a parent fails to file a notice of Intent or files an incomplete form then a certified letter shall be sent to the parent requesting compliance within ten days.

6. An annual portfolio review will be held with the parents and school officials to determine if instruction in the required courses has been given.

7. Any continued refusal by the parent to comply with the reasonable request of the school district for completion and filing of the notice of intent, or to participate in an annual portfolio review may cause the child to be considered truant.

8. A school district should not accept nor require a notice of intent for any child younger than seven years or older than sixteen years.

9. The school district shall provide a copy of the completed notice of intent to the Bureau of Curriculum and Professional Development, State Department of Education.

From R. Shavloy

Connecticut Homeschooling Notice of Intent Form

NOTICE OF INTENT

INSTRUCTION OF STUDENT AT HOME

NAME OF STUDENT:       DATE OF BIRTH:

ADDRESS:         TELEPHONE #:

NAME(S) OF TEACHER(S):

ADDRESS:         TELEPHONE #:

THE SUBJECTS TO BE TAUGHT ARE: (YES)      (NO)

(REQUIRED)

READING

WRITING

SPELLING

ENGLISH GRAMMAR

GEOGRAPHY

ARITHMETIC

U. S. HISTORY

CITIZENSHIP (INCLUDING A STUDY OF TOWN, STATE, AND FEDERAL GOVERNMENTS (RECOMMENDED)

SCIENCE

(OTHER)

TOTAL NUMBER OF DAYS SCHEDULED FOR INSTRUCTION:

TEACHER’S METHODS OF ASSESSMENT OF STUDENT PROGRESS:

AN ANNUAL PORTFOLIO REVIEW WILL BE HELD ON OR ABOUT:

————–(new page)————–

NOTICE OF INTENT

INSTRUCTION OF STUDENT AT HOME

PAGE 2

I ACKNOWLEDGE AND ACCEPT FULL RESPONSIBILITY FOR THE EDUCATION OF MY CHILD IN ACCORDANCE WITH THE REQUIREMENTS OF STATE LAW.

PARENTS        Date

I ONLY ACKNOWLEDGE RECEIPT OF THIS FORM AND RENDER NO OPINION AS TO THE APPROPRIATENESS OF THE PLANNED PROGRAM.

SUPERINTENDENT         Date:

We normally specify: a portfolio date of June 1, 199x, 180+ days of instruction, a mix of tests, written reviews, and other examinations (for the methods of assessment), and indicate a simple YES for the subjects to be taught. This document can be obtained from your local school district, the state Department of Education, or you can use this form, just format it using the Arial or Helvetica font.

(Note – This particular section is interpreted differently by different people. I have been in contact with parents who have filed the letters of intent every year and have never been subjected to any type of portfolio review. Further, they have never been asked to schedule one at the time of the letter of intent being filed so this maybe up to the Superintendent as to how he/she may want to handle the situation)

There is no mandatory testing or curriculum approval.

Connecticut Laws and Regulations

An overview of the homeschool laws and regulations of Delaware, along with links to legislative source information, additional reference materials and government resources on homeschooling.

State of Delaware General Assembly

6/30/03, AN ACT TO AMEND TITLE 14 OF DELAWARE CODE RELATING TO COMPULSORY SCHOOL ATTENDANCE AND HOMESCHOOLS, AND NON-PUBLIC SCHOOL ATTENDANCE AND ENROLLMENT REPORTING REQUIREMENTS was signed. The Amended law can be accessed here.

TITLE 14. EDUCATION

PART I. FREE PUBLIC SCHOOLS

CHAPTER 27. SCHOOL ATTENDANCE

¤2702. Compulsory attendance requirements; evaluation of readiness

(a) Except as otherwise provided, the following provisions are applicable to school attendance in this State:

(1) Every person in this State who has legal custody, guardianship of the person, or legal control of a child between 5 and 16 years of age, including any person acting as a caregiver pursuant to the provisions of ¤ 202(f) of this title, shall enroll the child in a public school in the school district of the person’s residence.

¤2703. Private school attendance or other educational instruction

Section 2702 of this title shall not apply to any student enrolled in a private school who is receiving regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement, provided that such private school is subject to and in compliance with ¤ 2704 of this title. For the purposes of this section, any student who is home-schooled in any manner provided for in ¤ 2703A of this title shall also be exempt from the provisions of ¤ 2702 of this title.

¤2703A. Homeschools defined.

For purposes of this chapter, a “homeschool” shall be considered a non-public school and there shall be three types of homeschools defined as follows:

“Single-family homeschool” means the education of one’s own child(ren) primarily by the parent(s) or legal guardian(s) of such child(ren) mainly in their own residence.

“Multi-family homeschool” means the education of children, primarily by the parents(s) or legal guardian(s) of such children mainly in one or several residences, or other facilities, when such children are not all related to each other as brother or sister. A person shall act as a liaison to the Department of Education for reporting enrollment and attendance information for all families involved.

“Single-family homeschool coordinated with the local school district” means the education of child(ren) primarily by the parent(s) or legal guardian(s) of such child(ren) mainly in their own residence using a curriculum approved by the local superintendent or the local superintendent’s designee. The local superintendent shall determine in writing that the student is or will be provided with regular and thorough instruction by the student’s parent(s) or legal guardian(s) in the subjects prescribed for the public schools of the State and in a manner suitable to children of the same age and stage of advancement.

¤2704. Report of non-public schools to Department

(a) All persons conducting non-public schools shall report end of the year attendance information to the Department of Education annually, on or before the July 31, on such forms as shall be prescribed by the Department of Education.

(b) Such persons shall also submit annually, on or before the October 31, a statement of pupil enrollment as of the last school day in September, on such forms as prescribed by the Department of Education.

Delaware Laws and Regulations

An overview of the homeschool laws and regulations of Florida, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Online Sunshine – The Florida Legislature

The 2003 Florida Statutes

Title XLVIII

K-20 EDUCATION CODE Chapter 1002

STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES

1002.41 Home education programs.–

(1)  A “”home education program”" is defined in s. 1002.01. The parent is not required to hold a valid regular Florida teaching certificate.

(a)  The parent shall notify the district school superintendent of the county in which the parent resides of her or his intent to establish and maintain a home education program. The notice shall be in writing, signed by the parent, and shall include the names, addresses, and birthdates of all children who shall be enrolled as students in the home education program. The notice shall be filed in the district school superintendent’s office within 30 days of the establishment of the home education program. A written notice of termination of the home education program shall be filed in the district school superintendent’s office within 30 days after said termination.

(b)  The parent shall maintain a portfolio of records and materials. The portfolio shall consist of the following:

1.  A log of educational activities that is made contemporaneously with the instruction and that designates by title any reading materials used.

2.  Samples of any writings, worksheets, workbooks, or creative materials used or developed by the student.

The portfolio shall be preserved by the parent for 2 years and shall be made available for inspection by the district school superintendent, or the district school superintendent’s agent, upon 15 days’ written notice. Nothing in this section shall require the district school superintendent to inspect the portfolio.

(c)  The parent shall provide for an annual educational evaluation in which is documented the student’s demonstration of educational progress at a level commensurate with her or his ability. The parent shall select the method of evaluation and shall file a copy of the evaluation annually with the district school superintendent’s office in the county in which the student resides. The annual educational evaluation shall consist of The following:

1.  A teacher selected by the parent shall evaluate the student’s educational progress upon review of the portfolio and discussion with the student. Such teacher shall hold a valid regular Florida certificate to teach academic subjects at the elementary or secondary level;

2.  The student shall take any nationally normed student achievement test administered by a certified teacher;

3.  The student shall take a state student assessment test used by the school district and administered by a certified teacher, at a location and under testing conditions approved by the school district;

4.  The student shall be evaluated by an individual holding a valid, active license pursuant to the provisions of s. 490.003(7) or (8); or

5.  The student shall be evaluated with any other valid measurement tool as mutually agreed upon by the district school superintendent of the district in which the student resides and the student’s parent.

(2)  The district school superintendent shall review and accept the results of the annual educational evaluation of the student in a home education program. If the student does not demonstrate educational progress at a level commensurate with her or his ability, the district school superintendent shall notify the parent, in writing, that such progress has not been achieved. The parent shall have 1 year from the date of receipt of the written notification to provide remedial instruction to the student. At the end of the 1-year probationary period, the student shall be reevaluated as specified in paragraph (1)(c). Continuation in a home education program shall be contingent upon the student demonstrating educational progress commensurate with her or his ability at the end of the probationary period.

(3)  A home education program shall be excluded from meeting the requirements of a school day.

(4)  Home education students may participate in interscholastic extracurricular student activities in accordance with the provisions of s. 1006.15.

(5)  Home education students may participate in the Bright Futures Scholarship Program in accordance with the provisions of ss. 1009.53-1009.539.

(6)  Home education students may participate in dual enrollment programs in accordance with the provisions of ss. 1007.27(4) and 1007.271(10).

(7)  Home education students are eligible for admission to community colleges in accordance with the provisions of s. 1007.263.

(8)  Home education students are eligible for admission to state universities in accordance with the provisions of s. 1007.261.

(9)  Home education program students may receive testing and evaluation services at diagnostic and resource centers, in accordance with the provisions of s. 1006.03.

Florida Laws and Regulations

An overview of the homeschool laws and regulations of Georgia, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Georgia General Assembly

“Requirements for Home Study Programs (O.C.G.A. 9 20-2-690 ET SEQ.)

Every parent, guardian, or other person residing within this state having control or charge of any child or children between thei seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program.

HOME STUDY PROGRAMS

1. Parent or guardian must annually submit to the superintendent of the local school district in which the program is located a declaration of intent to utilize ahome study program by September 1 or within 30 days after a program is established. The local school superintendent will provide a form upon request for this purpose to be returned to that office.
2. The declaration must include the names and ages of the students, the address where the program is located, and the dates of the school year.
3. Parents or guardians may teach only their own children, the teaching parent or guardian must have at least a high school diploma or equivalent GED certificate. If a tutor is employed, the tutor must hold a baccalaureate college degree.
4. The home study program must include but is not limited to instruction in reading, language arts, mathematics, social studies, and science.
5. The school year must include the equivalent of 180 days of at least 4.5 hours of instruction per day unless the child is physically unable to comply with this requirement.
6. Monthly attendance reports must be sent to the local superintendent at the end of each month. The local school superintendent will upon request provide the reporting forms.
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. The student must be evaluated at least every three years beginning at the end of the third grade. Records of such tests shall be retained.
8. The instructor shall write an annual progress assessment report in each required subject area for each student. These reports shall be retained for at least three years.

For additional information, contact the local school superintendent, visiting teacher, attendance officer or other designee. The state Department of Education, Division of Regional Education Services, should be contacted for help in identifying local systems. (404) 656-2446.

Georgia Laws and Regulations