State Laws
Read the laws regulating home education in Utah and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Summaries and Explanations of Utah Homeschooling Laws
Utah Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Utah. Includes a link to a legal analysis of laws relating to homeschooling in Utah.
How to Comply with Colorado's Homeschool Law
In Colorado, there are three options under which you can legally homeschool. You are free to choose the option that best meets your family’s needs. These options include homeschooling under Colorado's homeschool statute, homeschooling with an independent school, and homeschooling with a certified teacher.
The McAllister Letter
The State Superintendent of Public Instruction, Scott Bean, asked the Utah Attorney General's Office ten questions regarding home education. An assistant to the Attorney General, John McAllister, responded by writing an informal opinion termed The McAllister Letter. This is relevant to current and prospective home schoolers in Utah because many public educators have responded as if it were law. That this informal opinion is not law is clearly stated in the last paragraph of the letter: "This advice has not been reviewed or approved by the Attorney General and does not constitute a legal opinion of the Attorney General's Office." The McAllister Letter was written on February 14, 1997 and some home schoolers have called it "The Valentine's Day Massacre Letter."
CHEC Homeschool Guidebook for Colorado
Need a map for your homeschooling journey in Colorado? This classic go-to compendium used by countless families in Colorado is now completely updated and streamlined for you. The CHEC Homeschool Guidebook will give you tons of practical information, worksheets, resource lists, scriptural encouragement, and more – just what you need to homeschool in Colorado with confidence.
Colorado Homeschool Law - A Summary
A look at the statutes governing homeschooling in Colorado, provided by Christian Home Educators of Colorado (CHEC). This explanation details the three options to homeschool your children in the state of Colorado.
How to Withdraw Your Child from School in Colorado
If you want to start homeschooling during the school year and your child is currently enrolled in a public or private school, you may formally withdraw your child from that school. If you are going to start homeschooling after the school year is over, and your child is considered enrolled for the following year, we recommend that you withdraw your child before the next school year begins, so that the school does not mark your child as absent or truant.
Special Education Provisions for Colorado: Regulations and Resources for Your Special Needs Homeschool
If you are homeschooling a child with special needs, you need to follow your state’s homeschool regulations. There are no additional requirements for homeschooling children with special needs.
Compulsory School Age in Colorado
Colorado law requires that every child who is 6 years old on or before August 1 of the current school year, and under the age of 17, must attend school. If a homeschool is operating under Colorado’s home education statute (Option 1), the parents may wait to begin actual instruction until their child is 7 years old; however, they must still submit a notice of intent beginning with the school year that the child turns 6 by August 1.
Colorado Home School Laws
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Colorado. Includes a link to a legal analysis of laws relating to homeschooling in Colorado.
How to Homeschool in Colorado
This how to begin homeschooling guide is presented by CHEC, Christian Home Educators of Colorado. It details the basics, with the first steps for you to take and lots of great information to get started homeschooling in Colorado.
Summary of State Homeschool Laws - John S. McAllister
Text of the summary provided by assistant to the Attorney General, John S. McAllister, to State Superintendent of Public Instruction, Scott Bean.
The Importance of Recordkeeping in Colorado: Best Practices for What Records to Keep
Good records equip your student with proof of education for continuing their education, entering the military, or passing an employer’s background check. It may also prove valuable if there are ever any questions about your homeschool.
Public School Access for Homeschoolers in Colorado
Children participating in a non-public, home-based education program are allowed equal access to the public school’s extracurricular and interscholastic activities according to Colorado Revised Statutes § 22-33-104.5(6) and Colorado Revised Statutes § 22-32-116.5.
Colorado Department of Education Home School Information
Colorado Department of Education has compiled information regarding home education in the state. Includes information about getting started homeschooling, subjects to teach, attendance requirements, recordkeeping, assessment and evaluations, and resources.
Utah Statutes Pertaining to Home Education
Rule R277-700. The Elementary and Secondary School Core Curriculum.
This rule addresses core curriculum, including standards and objectives, elementary, middle school, and high school education requirements, and student mastery and assessment.
53A-11-101. Responsibility for minor required to attend school -- Penalty for violation.
... (2) A parent shall enroll and send a school-age minor to a public or regularly established private school during the school year of the district in which the minor resides.
(3) It is a class B misdemeanor for a parent to knowingly:
(a) fail to enroll a school-age minor in school; or
(b) refuse to respond to a written request which is delivered to the parent pursuant to the provisions of Subsection 53A-11-103(1)(b) by a local school board or school district.
(4) The provisions of this section do not apply to a parent of a school-age minor who has been declared by the local school board to be exempt from school attendance in conformity with Section 53A-11-102.
(5) A local board of education or school district shall report violations of Subsection (3) to the appropriate city, county, or district attorney.
House Joint Resolution 05-1040
Recognition of April 8, 2005, as Home Education Day in Colorado.
Colorado Statute 25-4-902
Details of the state of Colorado requirements for immunizations.
Colorado Statute 25-4-903 - Exemptions from Immunization - Rules
Regulations concerning exemptions from required immunizations in the state of Colorado.
Colorado Statute 25-4-901
This statute relates to state of Colorado school entry immunization requirements.
53A-11-102. Minors exempt from school attendance.
... (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a local board of education and a parent exempted from application of Subsections 53A-11-101(2) and (3), if the minor's parent files a signed affidavit with the minor's school district of residence, as defined in Section 53A-2-201, that the minor will attend a home school and receive instruction as required by Subsection (2)(b).
(b) Each minor who attends a home school shall receive instruction:
(i) in the subjects the State Board of Education requires to be taught in public schools in accordance with the law; and
(ii) for the same length of time as minors are required by law to receive instruction in public schools, as provided by rules of the State Board of Education.
(c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a home school is solely responsible for:
(i) the selection of instructional materials and textbooks;
(ii) the time, place, and method of instruction, and
(iii) the evaluation of the home school instruction.
(d) A local school board may not:
(i) require a parent of a minor who attends a home school to maintain records of instruction or attendance;
(ii) require credentials for individuals providing home school instruction;
(iii) inspect home school facilities; or
(iv) require standardized or other testing of home school students.
(3) Boards excusing minors from attendance as provided by Subsections (1) and (2) shall issue a certificate stating that the minor is excused from attendance during the time specified on the certificate.
(4) Nothing in this section may be construed to prohibit or discourage voluntary cooperation, resource sharing, or testing opportunities between a school or school district and a parent or guardian of a minor attending a home school.
Colorado Statutes - Complete Text
Online access to complete text of Colorado statutes. Those pertaining to home education include: 22-33-104 (Compulsory school attendance); 22-33-104.5 (Home-based education - legislative declaration - definitions - guidelines); 22-7-409, 1.2-d-III (Assessments); and 22-32-116.5 (Extracurricular and interscholastic activities).
Home School Laws from HSLDA
Find the laws pertaining to home education for all 50 states and U.S. territories.
53A-11-102.5. Dual enrollment.
(1) A person having control of a minor under this part who is enrolled in a regularly established private school or a home school may also enroll the minor in a public school for dual enrollment purposes.
(2) The minor may participate in any academic activity in the public school available to students in the minor's grade or age group, subject to compliance with the same rules and requirements that apply to a full-time student's participation in the activity.
(3) Except as otherwise provided in Sections 53A-11-101 and 53A-11-102, a student enrolled in a public school may also be enrolled in a private school or a home school for dual enrollment purposes.
(4) A student enrolled in a dual enrollment program is considered a student of the district in which the public school of attendance is located for purposes of state funding to the extent of the student's participation in the public school programs.
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the State Board of Education shall make rules for purposes of dual enrollment to govern and regulate the transferability of credits toward graduation that are earned in a private or home school.
(6) The State Board of Education shall determine the policies and procedures necessary to permit students enrolled under Subsection (1) to participate in public school extracurricular activities.
Colorado Statute 22-32-116.5
Extracurricular and interscholastic activities. Notwithstanding any other provision of this article, each school district and each public school, subject to the requirements of this section, shall allow any student enrolled in a school or participating in a nonpublic home-based educational program to participate on an equal basis in any activity offered by the school district or the public school that is not offered at the student's school of attendance or through the student's nonpublic home-based educational program. A school district or school shall not adopt or agree to be bound by any rule or policy of any organization or association that would prohibit any participation allowed by this section. Each nonpublic school may allow a student to participate in a particular activity offered by the nonpublic school, at the nonpublic school's discretion.
Colorado Statute 22-33-104.5
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 nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.
Colorado Statute 22-33-104
Compulsory school attendance in the state of Colorado.
Case Law and Legal Opinions
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."
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