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.
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."
Summaries and Explanations of Utah Homeschooling Laws
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."
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.
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.
Utah Statutes
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-11-102. 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.
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.
Home School Laws from HSLDA
Find the laws pertaining to home education for all 50 states and U.S. territories.
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.
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