Georgia’s Home Study Law is contained in a number of different sections of The Official Code of Georgia (O.C.G.A). We have attempted to include all the pertinent sections below along with a "layman's interpretation"

Please note: You cannot be linked directly to the code sections except through the GA General Assembly web site. To find the desired code section, follow these steps:

-Open your browser a second time and go to the General Assembly web site

-On that homepage, you will find a link to "Georgia Code".

-Click that link and follow the prompts. You will find yourself in the LexisNexis web site where you can browse to the desired code sections identified below.

Statutes affecting homeschoolers:
(The term used in Georgia statutes to refer to homeschooling is "home study program.")

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 690

Defines the requirements to establish and operate a home study program to comply with the compulsory attendance law.

Layman’s Interpretation of Requirements for Establishing and Operating a Home Study Program:

1. Parents must submit a declaration of intent to homeschool within 30 days of starting and by September 1 annually thereafter.

Commentary: Please note that many schools will open a truancy file on a student after only 5 or fewer possibly unexcused absenses, so we suggest that you submit a DOI within 5 days after withdrawing a student from public or private school.

2. Declaration of intent must list children's names and ages, and address of the home study program, and indicate the start and end of the school year; enrollment records and reports can't be used for any purpose other than providing enrollment information except by express permission of the parents, as a result of a court order, or for verification of atendance for a driver's license.

3. Parents must have high school diploma or GED and may teach only their own children; they may engage a tutor provided the tutor has a high school diploma or a general educational development diploma.

4. The home study program must include, but is not limited to, reading, language arts, mathematics, social studies, and science.

5. The home study program must provide instruction each 12-months EQUIVALENT TO 180 days with each day consisting of at least 4.5 hours of instruction, unless the child is physically unable to comply.

6. Attendance records must be kept and submitted to the local superintendent each month. Attendance records and reports can't be used for any purpose other than verifying attendance except with parent's permission, as a result of a court order, or for verifying attendance for a driver's license.

7. Homeschooled children must take a nationally normed standardized test every three years beginning "at the end of third grade" but the results are not required to be submitted to "education authorities."

8. An annual progress report must be written and retained for three years.

9. The state Board of Education is required to design and make available such forms as are reasonably necessary, but they may not be inconsistent with or exceed the requirements of the law. In turn, the local school superintendents shall make the forms available to parents or guardians with children in home study programs.

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 690.1

Defines the ages of compulsory attendance and the sanctions for failure to comply.

Layman's interpretation of O.C.G.A. 20-2-690.1

Compulsory attendance applies to children between the ages of 6 and 16. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. (As revised in 2004) Parents convicted of being in violation of this code section are subject to a fine of $100, 30 days imprisonment, community service (added in 2004), or any combination of such penalties, at the discretion of the court.

Commentary:

Remember that, based on section 20-2-690 above, home study programs must provide instruction each 12 months to students for at least the prescribed amount of time. Since there is neither a legally-mandated instruction schedule nor a legally-mandated rate of instruction for home study programs, then there can be no accumulating count of "unexcused" absences, unless there isn't enough time left in a 12 month period to attain the prescribed time in attendance. Excused absences for sickness and emergencies can be counted in compliance with section 20-2-693.

This is in contrast to private and public schools, whose students can be in attendance only when school is in session. Typically, the regular public school year only provides opportunity for 180 days of attendance, so each absence indirectly equates to a one-day deficiency in attendance.

Not so for home study programs. It is neither reasonable nor consistent with law for local public school superintendents to contrive "unexcused absences" based on reporting deadlines or a contrived rate of equivalent attendances per month.

Children are subject to penalty as provided in OCGA Title 15, Chapter 11, Section 2, which defines as "unruly" child as one who is "habitually and without justification truant from school."

In paragraph (d), local school superintendents are given the authority and duty to file proceedings in court to enforce this subpart.

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 690.2

Section added in 2004 to create local truancy protocol committees. Became effective in June of 2005.

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 694

Layman's interpretation of O.C.G.A. 20-2-694

Assigns to local boards of education and school superintendents the duty “to administer this subpart and to secure its enforcement in cooperation with the other state and county agencies and in cooperation with … parents … providing home study programs.”

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 697

Addresses the authority of visiting teachers and truancy officers.

Layman's interpretation of O.C.G.A. 20-2-697

This section requires public schools to report attendance data to visiting teachers and attendance officers. Private schools and home study programs are explicitly exempted from the provisions of this code section.

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 698

Allows peace officers to "assume temporary custody" of certain children.

Layman's interpretation of O.C.G.A. 20-2-698

Children out in public during school hours may be taken into custody, unless they carry written permission from their parents.

Title 20, Chapter 2, Article 16, Part 1, Sub-part 2, Section 701

Identifies who is empowered to bring truancy charges.

Layman's interpretation of O.C.G.A. 20-2-701

Only the local superintendent (NOT visiting teachers nor attendance officers) is empowered to report a homeschooling parent for violations of the compulsory attendance law, and then only after written notification to the parent/guardian.

Title 20, Chapter 2, Article 6, Part 3, Section 150

Identifies children eligible for enrollment in government schools.

Layman's interpretation of O.C.G.A. 20-2-150

Once a child is enrolled in a government school program for 20 days or more, compulsory attendance is required, no matter how young the child is. If parents decide that a Kindergarten program is not working out and withdraw the child from a government school program, they still must continue to meet compulsory attendance requirements as if the child was six years old.

Commentary:

This section contains a ridiculous clause that lowers compulsory attendance age for particular children. Presumably, violators would be "kindergarten truants."

Title 40, Chapter 5, Article 2, Section 22

Addresses requirements for 16 and 17 year olds to receive drivers’ licenses.

Layman’s interpretation of O.C.G.A. 40-5-22 (a.1)(1)(B)

In order to have a driver’s license, 16 and 17 year-olds (including home study students) must meet the same compulsory attendance requirements as those under 16. Attendance by 16 and 17 year-olds is not compulsory unless they wish to drive.

Currently regulation requires the home study program student to have a Certificate of Attendance completed by the "local school superintendent's office" in order to receive a learners permit or driver's license.

Commentary:

In contrast, public and private school students have their attendance certified by their own school administrator for a drivers license. The parent is the administrator of a home study program. DDS regulation reflects the DDS' incorrect assumption that superintendents regulate home study attendance. Actually, home study parents only report the compulsory attendance of their children to the superintendent.

To help avoid problems, promptly submit DOI and attendance reports for students 14 years of age and older. You can find the form at this link:

Certificate of Attendance Form

Title 20, Chapter 3, Article 7, Part 7, Section 519.2

Defines requirements for students who prepare in unaccredited programs to receive the HOPE Scholarship.

Layman’s interpretation of O.C.G.A. 20-3-519.2

HOPE Scholarships are available retroactively to otherwise eligible home study students after they complete a year of college in which they have established a 3.0 average.

Title 39, Chapter 2, Section 11

concerning student employment.

Layman’s interpretation of O.C.G.A. 39-2-11

Prohibits employment of minors of less than 12 years of age and prohibits employment of minors between the ages of 12 and 16 without a certificate. The section appears to require home study program students to procure the certificate from the "school superintendent".

Title 15, Chapter 12, Article 1, Section 1

Effective July 1, 2006, this bill allows the primary teacher in a home study program to be excused from jury duty under certain conditions.

Layman's interpretation of HB 376/O.C.G.A. 15-12-1(a)(3) & (4)

HB 376 amends O.C.G.A. 15-12-1 to provide for the primary teacher (only) in a home study program to be excused from jury duty, if there is no reasonably available alternative for the child/children in the home study program, and only during the time the person is teaching. No such excusal was previously allowed.

Primary caregivers having active care and custody of a young child may also be excused from jury duty, if they have no reasonably available alternative child care. Until July 1, 2006, the child must be under 4 years of age for the caregiver to qualify for excusal. Effective July 1, 2006, the child must be age 6 or younger.

The Georgia Department of Education maintains an FAQ page for homeschoolers: School Choices: Home Schools