S.B. 59

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 15, 2005 at 3:20 PM by smaeser. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 16, 2005 at 12:29 PM by rday. --> 1

HOME SCHOOL AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mark B. Madsen
5
6 LONG TITLE
7 General Description:
8 This bill modifies procedures for exempting minors who are home schooled from
9 attendance at a public or regularly established private school.
10 Highlighted Provisions:
11 This bill:
12 . requires a local board of education, on an annual basis, to excuse a school-age
13 minor from school attendance if the minor's parent files a signed affidavit that the
14 minor will attend a home school and receive instruction:
15 . in the subjects the State Board of Education requires to be taught in public
16 schools; and
17 . for the same length of time as minors are required to receive instruction in
18 public schools;
19 . provides that, subject to the instructional requirements for home schooled minors in
20 state law, the parent of a minor attending a home school is solely responsible for:
21 . the selection of instructional materials and textbooks;
22 . the time, place, and method of instruction; and
23 . the evaluation of the home school instruction; and
24 . prohibits a local school board from:
25 . requiring a parent of a minor who attends a home school to maintain records of
26 instruction or attendance;
27 . requiring credentials for individuals providing home school instruction;

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- 2 - 28 . inspecting home school facilities; or
29 . requiring standardized or other testing of home school students.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 53A-11-102, as last amended by Chapter 99, Laws of Utah 1999
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53A-11-102 is amended to read:
40 53A-11-102. Minors exempt from school attendance.
41 (1) (a) A school-age minor may be excused from attendance by the local board of
42 education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for
43 any of the following reasons:
44 [(a)] (i) a minor over age 16 may receive a partial release from school to enter
45 employment if the minor has completed the eighth grade[. Minors excused under this
46 subsection are required to attend part-time schooling or home schooling as prescribed by the
47 board]; or
48 [(b)] (ii) on an annual basis, a minor may receive a full release from attending a public,
49 regularly established private, or part-time school or class if:
50 [(i)] (A) the minor has already completed the work required for graduation from high
51 school, or has demonstrated mastery of required skills and competencies in accordance with
52 Subsection 53A-15-102 (1);
53 [(ii) the minor is taught at home in the subjects prescribed by the State Board of
54 Education in accordance with the law for the same length of time as minors are required by law
55 to be taught in the district schools;]
56 [(iii)] (B) the minor is in a physical or mental condition, certified by a competent
57 physician if required by the district board, which renders attendance inexpedient and
58 impracticable;

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Senate 3rd Reading Amendments 2-16-2005 rd/dsl 59

[(iv)] (C) proper influences and adequate opportunities for education are provided in
60 connection with the minor's employment; or
61 [(v)] (D) the district superintendent has determined that a minor over the age of 16 is
62 unable to profit from attendance at school because of inability or a continuing negative attitude
63 toward school regulations and discipline.
64 (b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
65 required to attend:
66 (i) school part-time as prescribed by the local school board; or
67 (ii) a home school part-time.
68 [(2)] (c) In each case, evidence of reasons for granting an exemption under Subsection
69 (1) must be sufficient to satisfy the local board.
70 (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
71 local board of education and a parent exempted from application of Subsections 53A-11-101 (2)
72 and (3), if the minor's parent files a signed affidavit with the minor's school district of
73 residence, as defined in Section 53A-2-201 , that the minor will attend a home school and
74 receive instruction as required by Subsection (2)(b).
75 (b) Each minor who attends a home school shall receive instruction:
76 (i) in the subjects the State Board of Education requires to be taught in public schools S. in
76a accordance with the law .S ;
77 and
78 (ii) for the same length of time as minors are required S. by law .S to receive instruction
78a in public
79 schools, as provided by rules of the State Board of Education.
80 (c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
81 home school is solely responsible for:
82 (i) the selection of instructional materials and textbooks;
83 (ii) the time, place, and method of instruction, and
84 (iii) the evaluation of the home school instruction.
85 (d) A local school board may not:
86 (i) require a parent of a minor who attends a home school to maintain records of
87 instruction or attendance;
88 (ii) require credentials for individuals providing home school instruction;
89 (iii) inspect home school facilities; or

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Senate 2nd Reading Amendments 2-15-2005 sm/dsl 90

(iv) require standardized or other testing of home school students.
91 (3) Boards excusing minors from attendance as provided by Subsections (1) and (2)
92 shall issue a certificate stating that the minor is excused from attendance during the time
93 specified on the certificate.
93a S. (4) Nothing in this section may be construed to prohibit or discourage voluntary
93b cooperation, resource sharing, or testing opportunities between a school or school district and
93c a parent or guardian of a minor attending a home school. .S

Legislative Review Note
as of 1-6-05 1:54 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel