Homeschool Laws
Read the laws regulating home education in {{state}} 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.
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.
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.
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.
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.
The Rutherford Institute
The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or governmental actions that unreasonably infringe the rights of parents to raise and educate their children according to their own values are constitutionally suspect. The Rutherford Institute responds to over one thousand requests for assistance annually from parents whose rights were placed in jeopardy.
Homeschool Watch
Homeschool Watch is an email list where articles, incidents, and current legislation impacting homeschoolers can be posted and practically discussed. The list purpose is to efficiently inform, network and support the efforts of homeschoolers across the nation to keep homeschooling free. This is intended to be a list for homeschoolers actively working on legislative issues and not a theoretical debate society.
Home School Legal Defense Association (HSLDA)
The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.
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 25-4-901
This statute relates to state of Colorado school entry immunization requirements.
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.
HSLDA's Position on Tax Credits Generally
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
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.
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.
Northern Colorado Homeschool Association
Northern Colorado Homeschool Association (NCHA) is a non-profit group for homeschooling parents and children of all ages. The majority of our families live along the Northern Colorado Front Range (Fort Collins, Windsor, Loveland Area). We are an inclusive, secular, eclectic, local, member-run organization that honors the diversity of homeschoolers and provides a supportive community for our members.
Colorado Statute 22-33-104
Compulsory school attendance in the state of Colorado.
Association of Home School Attorneys-Custody Discussion Group
This list is an opportunity for homeschoolers involved in custody issues to contact other homeschoolers for information about homeschooling attorneys and experts, as well as exchange ideas and information about handling custody disputes as a result of homeschooling.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
National Home Education Legal Defense (NHELD)
National Home Education Legal Defense was founded by Attorney Deborah G. Stevenson as a non-sectarian legal support organization. NHELD offers its members legal assistance by an attorney licensed to practice in your state working with NHELD licensed attorneys. Members are also kept apprised of pending legislative action, scholarship programs, and other programs beneficial to homeschoolers.
House Joint Resolution 05-1040
Recognition of April 8, 2005, as Home Education Day in Colorado.
Department of Child and Family Services
Your children are safest at home. It is an unhappy fact of our crumbling, anti-family society that government social services are sometimes out of control and innocent people are being accused and their children taken. Utah is particularly bad.
AHSA-USA Email List
This list is an opportunity for homeschoolers to contact homeschooling attorneys and experts about homeschooling legal and litigation issues. It is an informal network of attorneys and legal experts that are concerned with litigation pending and threatened against homeschoolers. Its primary purpose is to exchange legal information within the profession, and to educate and support attorneys and experts involved in homeschool litigation.
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
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.
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 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.
Colorado Statute 25-4-903 - Exemptions from Immunization - Rules
Regulations concerning exemptions from required immunizations in the state of Colorado.
Social Security's New Home School Flow Chart
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
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.
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.
Free Folly: Five Reasons Why Black Families Should Resist Free Virtual Charter Schools
Virtual charter schools are popping up all over the country, providing free computers, textbooks and educational materials to any family who would like to enroll in their program. Jennifer James takes a hard look at how these schools are detrimental to black homeschoolers.
Pacific Justice Institute (PJI)
Pacific Justice Institute is a non-profit legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI provides free representation to parents who are unlawfully denied the right to homeschool their children. PJI also provides legal counsel to those parents wishing to homeschool, but do not know their legal options or obligations.
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.
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.
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.
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.
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).
We Stand For Homeschooling
The "We Stand for Homeschooling Statement and Resolution” is a grassroots effort created by an ad hoc group of homeschoolers from all over the United States. The list of original signers includes homeschoolers and their allies from diverse religious, political and philosophical perspectives. The list is also geographically diverse. This statement addresses the issue of state control of homeschooling and the growing movement of using government funding to run emerging educational programs. You can read the statement and add your name to it at this website.
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."
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
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.
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.
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.
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.
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.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
Colorado Statute 25-4-902
Details of the state of Colorado requirements for immunizations.
