53A-11-102. Minors exempt from school attendance.
(1) (a) A local school board or charter school governing board may excuse a school-age minor from attendance for any of the following reasons:
(i) a minor over age 16 may receive a partial release from school to enter employment, or attend a trade school, if the minor has completed the eighth grade; or
(ii) on an annual basis, a minor may receive a full release from attending a public, regularly established private, or part-time school or class if:
(A) the school-age minor has already completed the work required for graduation from high school, or has demonstrated mastery of required skills and competencies in accordance with Subsection 53A-15-102(1);
(B) the school-age minor is in a physical or mental condition, certified by a competent physician if required by the local school board or charter school governing board, which renders attendance inexpedient and impracticable;
(C) proper influences and adequate opportunities for education are provided in connection with the school-age minor's employment; or
(D) the district superintendent or charter school governing board has determined that a school-age minor over the age of 16 is unable to profit from attendance at school because of inability or a continuing negative attitude toward school regulations and discipline.
(b) A school-age minor receiving a partial release from school under Subsection (1)(a)(i) are required to attend:
(i) school part-time as prescribed by the local school board or charter school governing board; or
(ii) a home school part-time.
(c) In each case, evidence of reasons for granting an exemption under Subsection (1) must be sufficient to satisfy the local school board or charter school governing board.
(d) A local school board or charter school governing board that excuses a school-age minor from attendance as provided by this Subsection (1) shall issue a certificate that the minor is excused from attendance during the time specified on the certificate.
(2) (a) A local school board shall excuse a school-age minor from attendance, if the school-age minor's parents files a signed and notarized affidavit with the school-age minor's school district of residence, as defined in Section 53A-2-201, that:
(i) the school-age minor will attend a home school; and
(ii) the parent assumes sole responsibility for the education of the school-age minor, except to the extent the school-age minor is dual enrolled in a public school as provided in Section 53A-11-102.5
(b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall remain in effect as long as:
(i) the school-age minor attends a home school; and
(ii) the school district where the affidavit was filed remains the school-age minor's district of residence.
(c) 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 school-age 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.
(e) Upon the request of a parent, a local school board shall identify the knowledge, skills, and competencies a student is recommended to attain by grade level and subject area to assist the parent in achieving college and career readiness through home schooling.
(f) A local school board that excuses a school-age minor from attendance as provided by this Subsection (2) shall annually issue a certificate stating that the school-age minor is excused from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age minor from attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the school-age minor's parent pursuant to Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school age-minor enrolls in a school within the school district;
(B) the school-age minor's parent or guardian notifies the school district that the school-age minor no longer attends a home school; or
(C) the school-age minor's parent or guardian notifies the school district that the school-age minor's school district of residence has changed.
(3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a) is exempt from the application of Subsections 53A-11-101.5(2),(5), and (6)
(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.
Amended by Chapter 335, 2009 General Session