20-2-690 G
*** CODE SECTION *** 10/14/96
20-2-690.
(a) This subpart recognizes the existence of public schools, private
schools, and home study programs as educational entities.
(b) As used in this subpart, the term "private school" means an
institution meeting the following criteria or requirements:
(1) The primary purpose of the institution is to provide education
or, if the primary purpose of the institution is religious in
nature, the institution shall provide the basic academic educational
program specified in paragraph (4) of this subsection;
(2) The institution is privately controlled and operates on a
continuing basis;
(3) The institution provides instruction each 12 months for the
equivalent of 180 school days of education with each school day
consisting of at least four and one-half school hours;
(4) The institution provides a basic academic educational program
which includes, but is not limited to, reading, language arts,
mathematics, social studies, and science;
(5) Within 30 days after the beginning of each school year, it shall
be the duty of the administrator of each private school to provide
to the school superintendent of each local public school district
which has residents enrolled in the private school a list of the
name, age, and residence of each resident so enrolled. At the end of
each school month, it shall be the duty of the administrator of each
private school to notify the school superintendent of each local
public school district of the name, age, and residence of each
student residing in the public school district who enrolls or
terminates enrollment at the private school during the immediately
preceding school month. Enrollment records and reports shall not be
used for any purpose except providing necessary enrollment
information, except with the permission of the parent or guardian of
a child or pursuant to the subpoena of a court of competent
jurisdiction; and
(6) Any building used by the institution for private school purposes
meets all health and safety standards established under state law
and local ordinances.
(c) Parents or guardians may teach their children at home in a home
study program which meets the following requirements:
(1) The parent, parents, or guardian must submit within 30 days
after the establishment of a home study program and by September 1
annually thereafter a declaration of intent to utilize a home study
program to the superintendent of schools of the local school
district in which the home study program is located;
(2) The declaration shall include a list of the names and ages of
the students who are enrolled in the home study program, the address
where the home study program is located, and a statement of the 12
month period that is to be considered the school year for that home
study program. Enrollment records and reports shall not be used for
any purpose except providing necessary enrollment information,
except with the permission of the parent or guardian of a child or
pursuant to the subpoena of a court of competent jurisdiction;
(3) Parents or guardians may teach only their own children in the
home study program provided the teaching parent or guardian
possesses at least a high school diploma or a general educational
development (GED) equivalency diploma, but the parents or guardians
may employ a tutor who holds at least a baccalaureate college degree
to teach such children;
(4) The home study program shall provide a basic academic
educational program which includes, but is not limited to, reading,
language arts, mathematics, social studies, and science;
(5) The home study program must provide instruction each 12 months
to home study students equivalent to 180 school days of education
with each school day consisting of at least four and one-half school
hours unless the child is physically unable to comply with the rule
provided for in this paragraph;
(6) Attendance records for the home study program shall be kept and
shall be submitted at the end of each month to the school
superintendent of the local school district in which the home study
program is located. Attendance records and reports shall not be used
for any purpose except providing necessary attendance information,
except with the permission of the parent or guardian of a child or
pursuant to the subpoena of a court of competent jurisdiction;
(7) Students in home study programs shall be subject to an
appropriate nationally standardized testing program administered in
consultation with a person trained in the administration and
interpretation of norm reference tests to evaluate their educational
progress at least every three years beginning at the end of the
third grade and records of such tests and scores shall be retained
but shall not be required to be submitted to public educational
authorities; and
(8) The home study program instructor shall write an annual progress
assessment report which shall include the instructor's
individualized assessment of the student's academic progress in each
of the subject areas specified in paragraph (4) of this subsection,
and such progress reports shall be retained by the parent, parents,
or guardian of children in the home study program for a period of at
least three years.
(d) Any person who operates a private school without complying with
the requirements of subsection (b) of this Code section or any person
who operates a home study program without complying with the
requirements of subsection (c) of this Code section shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $100.00.
(e) The State Board of Education shall devise, adopt, and make
available to local school superintendents, who shall in turn make
available to administrators of private schools and parents or
guardians with children in home study programs, such printed forms and
procedures as may be reasonably necessary to carry out efficiently the
reporting provisions of this Code section, but such printed forms and
procedures shall not be inconsistent with or exceed the requirements
of this Code section.