Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
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.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Utah.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
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)...
House Joint Resolution 05-1040
Recognition of April 8, 2005, as Home Education Day in Colorado.
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.
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 other...
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 adv...
Colorado Statute 22-33-104
Compulsory school attendance in the state of Colorado.
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 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 no...
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.
Utah Homeschool Politics
This list was design to provide a forum to Utah homeschoolers to discuss politics that effect them in one way or another.
Homeschoolers Protected by New Utah Law
A bill shielding homeschooling parents from requirements that they meet state credential standards and give public school officials records of what they teach passed unanimously in both houses of the Utah legislature in February 2005. Senate Bill 59, sponsored by freshman Sen. Mark Madsen (R-Lehi), also prevents school boards from requiring homeschool students to take standardized tests.
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-ba...
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.
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.
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).
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