S.B. 59 Enrolled

HOME SCHOOL AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark B. Madsen
House Sponsor: Michael T. Morley

LONG TITLE
General Description:
This bill modifies procedures for exempting minors who are home schooled from
attendance at a public or regularly established private school.
Highlighted Provisions:
This bill:
. requires a local board of education, on an annual basis, to excuse a school-age
minor from school attendance if the minor's parent files a signed affidavit that the
minor will attend a home school and receive instruction:
. in the subjects the State Board of Education requires to be taught in public
schools; and
. for the same length of time as minors are required to receive instruction in
public schools;
. provides that, subject to the instructional requirements for home schooled minors in
state law, the parent of a minor attending a home school is solely responsible for:
. the selection of instructional materials and textbooks;
. the time, place, and method of instruction; and
. the evaluation of the home school instruction; and
. prohibits a local school board from:
. requiring a parent of a minor who attends a home school to maintain records of
instruction or attendance;
. requiring credentials for individuals providing home school instruction;
. inspecting home school facilities; or

. requiring standardized or other testing of home school students.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-11-102, as last amended by Chapter 99, Laws of Utah 1999

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-11-102 is amended to read:
53A-11-102. Minors exempt from school attendance.
(1) (a) A school-age minor may be excused from attendance by the local board of
education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for any
of the following reasons:
[(a)] (i) a minor over age 16 may receive a partial release from school to enter
employment if the minor has completed the eighth grade[. Minors excused under this subsection
are required to attend part-time schooling or home schooling as prescribed by the board]; or
[(b)] (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:
[(i)] (A) the 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);
[(ii) the minor is taught at home in the subjects prescribed by the State Board of
Education in accordance with the law for the same length of time as minors are required by law
to be taught in the district schools;]
[(iii)] (B) the minor is in a physical or mental condition, certified by a competent
physician if required by the district board, which renders attendance inexpedient and

impracticable;
[(iv)] (C) proper influences and adequate opportunities for education are provided in
connection with the minor's employment; or
[(v)] (D) the district superintendent has determined that a 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) Minors 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
(ii) a home school part-time.
[(2)] (c) In each case, evidence of reasons for granting an exemption under Subsection
(1) must be sufficient to satisfy the local board.
(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.