Utah homeschooling laws and requirements
Utah homeschooling laws and requirements to homeschool in Utah. Utah homeschooling laws. Ways to homeschool legally within Utah.
Compulsory attendance – Between 6 and 18 years of age.
This is not intended to be legal advice and is distributed for information purposes only. Check for updates at your public library.
53A-11-101. Compulsory Education Requirements – Definitions
(1) For purposes of this part:
(a) “Absence” or “absent” means, consistent with Subsection (1)(b), failure of a school-age minor assigned to a class or class period to attend the entire class or class period.
(b) A school-age minor may not be considered absent under this part more than one time during one day.
(2) “Habitual truant” means a school-age minor who:
(a) is at least 12 years old;
(b) is subject to the requirements of Section 53A-11-101.5; and
(i) is truant at least ten times during one school year; or
(ii) fails to cooperate with efforts on the part of school authorities to resolve the minor’s attendance problem as required under Section 53A-11-103.
(3) “Minor” means a person under the age of 18 years.
(4) “Parent” includes:
(a) a custodial parent of the minor;
(b) a legally appointed guardian of a minor; or
(c) any other person purporting to exercise any authority over the minor which could be exercised by a person described in Subsection (4)(a) or (b).
(5) “School-age minor” means a minor who:
(a) is at least six years old, but younger than 18 years old;
(b) is not emancipated.
(6) “School year” means the period of time designated by a local school board or local charter board as the school year for the school where the school-age minor:
(a) is enrolled; or
(b) should be enrolled, if the school-age
minor is not enrolled in school.
(7) “Truant” means absent without a valid excuse.
(8) “Truant minor” means a school-age minor who:
(a) is subject to the requirements of Section (5) 53A-11-101.5 or 53A-11-101.7; and
(b) is truant.
(9) “Valid excuse” means:
(a) an illness;
(b) a family death;
(c) an approved school activity;
(d) an absence permitted by a school-age minor’s:
(i) individualized education program, developed pursuant to the Individuals with Disabilities Education Improvement Act of 2004, as amended;
(ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act of 1973, as amended; or
(e) any other excuse established as valid by a local school board, local charter board, or school district.
Minors exempt from school attendance.
(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-11-101.5(2), (5), and (6) 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 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 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;
(C) proper influences and adequate opportunities for education are provided in connection with the minor’s employment; or
(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;
(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 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.
(a) A local school board shall excuse a school-age minor from attendance, if the school-age minor’s parents files a signed and motorized 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) 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.
(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 81, 2007 General Session
53A-11-102.5 Dual enrollment.
(1) A person having control of a minor under this part who is enrolled in a regularly established private school or a home school may also enroll the minor in a public school for dual enrollment purposes.
(2) The minor may participate in any academic activity in the public school available to students in the minor’s grade or age group, subject to compliance with the same rules and requirements that apply to a full-time student’s participation in the activity.
(4) A student enrolled in a dual enrollment program is considered a student of the district in which the public school of attendance is located for purposes of state funding to the extent of the student’s participation in the public school programs.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Board of Education shall make rules for purposes of dual enrollment to govern and regulate the transferability of credits toward graduation that are earned in a private or home school.
(6) The State Board of Education shall determine the policies and procedures necessary to permit students enrolled under Subsection (1) to participate in public school extracurricular activities.
Amended by Chapter 382, 2008 General Session
Model Affidavit and Exemption Certificate
This version requires a notary to sign. They usually charge a fee. You may wish to refer to the “In Lieu of Affidavits” law below in order to avoid this additional cost and waste of your time.
78B-5-705. Unsworn declaration in lieu of affidavit.
(1) If the Utah Rules of Criminal Procedure, Civil Procedure, or Evidence require or permit a written declaration upon oath, an individual may, with like force and effect, provide an unsworn written declaration, subscribed and dated under penalty of this section, in substantially the following form:
“I declare (or certify, verify, or state) under criminal penalty of the State of Utah that the foregoing is true and correct.
Executed on (date).