S.B. 146 Enrolled

1

HOME SCHOOLING AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: Carl Wimmer
6
7 LONG TITLE
8 General Description:
9 This bill modifies procedures for exempting minors who are home schooled from
10 attendance at a public or private school.
11 Highlighted Provisions:
12 This bill:
13 . requires a local school board to issue a certificate excusing a minor from
14 attendance within 30 days of receipt of a signed affidavit stating that the minor will
15 attend a home school.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-11-102, as last amended by Laws of Utah 2007, Chapter 81
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53A-11-102 is amended to read:
26 53A-11-102. Minors exempt from school attendance.
27 (1) (a) A school-age minor may be excused from attendance by the local board of
28 education and a parent exempted from application of Subsections 53A-11-101.5 (2), (5), and
29 (6) for any of the following reasons:

30 (i) a minor over age 16 may receive a partial release from school to enter employment,
31 or attend a trade school, if the minor has completed the eighth grade; or
32 (ii) on an annual basis, a minor may receive a full release from attending a public,
33 regularly established private, or part-time school or class if:
34 (A) the minor has already completed the work required for graduation from high
35 school, or has demonstrated mastery of required skills and competencies in accordance with
36 Subsection 53A-15-102 (1);
37 (B) the minor is in a physical or mental condition, certified by a competent physician
38 if required by the district board, which renders attendance inexpedient and impracticable;
39 (C) proper influences and adequate opportunities for education are provided in
40 connection with the minor's employment; or
41 (D) the district superintendent has determined that a minor over the age of 16 is
42 unable to profit from attendance at school because of inability or a continuing negative
43 attitude toward school regulations and discipline.
44 (b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
45 required to attend:
46 (i) school part-time as prescribed by the local school board; or
47 (ii) a home school part-time.
48 (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
49 must be sufficient to satisfy the local board.
50 (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
51 local board of education and a parent exempted from application of Subsections
52 53A-11-101.5 (2), (5), and (6), if the minor's parent files a signed affidavit with the minor's
53 school district of residence, as defined in Section 53A-2-201 , that the minor will attend a
54 home school and receive instruction as required by Subsection (2)(b).
55 (b) Each minor who attends a home school shall receive instruction:
56 (i) in the subjects the State Board of Education requires to be taught in public schools
57 in accordance with the law; and

58 (ii) for the same length of time as minors are required by law to receive instruction in
59 public schools, as provided by rules of the State Board of Education.
60 (c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
61 home school is solely responsible for:
62 (i) the selection of instructional materials and textbooks;
63 (ii) the time, place, and method of instruction, and
64 (iii) the evaluation of the home school instruction.
65 (d) A local school board may not:
66 (i) require a parent of a minor who attends a home school to maintain records of
67 instruction or attendance;
68 (ii) require credentials for individuals providing home school instruction;
69 (iii) inspect home school facilities; or
70 (iv) require standardized or other testing of home school students.
71 (3) (a) Boards excusing minors from attendance as provided by Subsections (1) and
72 (2) shall issue a certificate stating that the minor is excused from attendance during the time
73 specified on the certificate.
74 (b) A local school board shall issue a certificate excusing a minor from attendance
75 within 30 days after receipt of a signed affidavit filed by the minor's parent pursuant to
76 Subsection (2).
77 (4) Nothing in this section may be construed to prohibit or discourage voluntary
78 cooperation, resource sharing, or testing opportunities between a school or school district and
79 a parent or guardian of a minor attending a home school.