Non-Public Home-Based
Education in CO
C.R.S. 22-33-104.5 The
general assembly hereby declares that it is the primary right
and obligation of the parent to choose the proper education and
training for children under his care and supervision. It is
recognized that non-public home-based education is a legitimate
alternative to classroom attendance for the instruction of
children and that any regulation of non-public home-based
educational programs should be sufficiently flexible to
accommodate a variety of circumstances. The general assembly
further declares that non-public home-based educational programs
shall be subject only to minimum state controls which are
currently applicable to other forms of non-public education.
Definition
C.R.S. 22-33-104.5 defines
non-public home-based education as " the sequential program of
instruction for the education of a child which takes place in a
home, which is provided by the child’s parent or by an adult
relative designated by the parent, and which is not under the
supervision and control of a school district. This educational
program is not intended to be and does not qualify as a private
and nonprofit school."
Who may conduct a
home-based program?
The parent, legal guardian,
or an adult relative designated by the parent.
What are the educational
requirements of the parent, etc.?
None
How do I begin such a
program?
When a child attains the
age of seven and is under the age of sixteen, a notice of intent
(NOI) to home school is to be sent to ANY school district in the
state 14 days prior to the beginning of said program and each
year thereafter that the program is maintained. The NOI is to be
sent to the school district administrative office. There is no
communication between the parent and the local school other than
to withdraw an enrolled student if necessary.
If a child is being
withdrawn from a public or private school to begin a home-based
program, the parent should submit the NOI asap to the district.
Many parents choose to hand deliver when withdrawing a student.
The 14 day notification requirement is rarely enforced in these
circumstances.
Parents should always keep
a copy of the NOI in each child’s file. Due to the recent
changes in the statute that allow the NOI to be filed in any
school district in the state, it is recommended that all
correspondence sent to a district other that the district of
residence be sent, certified mail, receipt requested. Parents
should notify their district of residence ( also via certified
mail) where their NOI is filed if in a different district. This
protects the family from truancy investigation.
A parent who is a licensed
teacher in CO does not have to file a NOI if such parent wishes
to instruct his/her children at home. C.R.S. 22-33-104 provides
a separate exemption for licensed teachers in CO. There are NO
requirements a licensed teacher must follow in order to educate
his/her child at home. A copy of the teacher’s license may be
required by the school district.
What does a NOI consist
of?
The law requires that the
parent in charge and in control of a non-public home-based
educational program certify, in writing, only a statement
containing the name, age, place of residence, and number of
hours (days) of attendance of each child enrolled in said
program.
A parent may type or hand
write this information. Filling out a NOI form sent by a school
district IS NOT REQUIRED. Many such forms require more
information than the law requires.
Are home-based programs
on the same calendar as the public school?
No. A home-based program
must cover no less than 172 days of instruction, averaging 4
instructional contact hours per day.
These days can be covered
over a 12 month period. A district may ask for a NOI to be sent
when it begins a school term. Reasons given usually include
their accountability for students residing in their district.
This can usually be resolved by the parent sending in the NOI
with the date classes are to begin specifically noted. However,
nothing in statute demands that a parent send in a NOI in August
or September, only 14 days prior to the beginning of the
program.
What about curriculum?
The law gives a list of
subjects to be taught over the course of the program. Subjects
are age appropriate. A standard curriculum is not required. The
subjects may be covered in any manner deemed appropriate by the
parent in charge and in control of said program.
What about habitual
truants from the public schools?
The law provides that any
child who is habitually truant, as defined in section 22-33-107
(3), at any time during the last 6 months that the child
attended school before proposed enrollment in a non-public
home-based educational program may not be enrolled in the
program unless the child’s parents first submit a written
description of the curricula to be used in the program along
with a NOI required in paragraph (e) of subsection (2) to the
superintendent of a school district within the state.
Please note that approval
or disapproval of such a curricula is not mandated. There is no
approval process. The written description of curricula is only
for the first year. Only a NOI is to be submitted each year
after that as long as the program is maintained.
What is to be kept in
the school records?
The records of each child
participating in a home-based program are to be kept on a
permanent basis by the parent in charge and in control of said
program.
These records shall
include, but need not be limited to, attendance data, test and
evaluation results, and immunization records as required by
sections 25-4-901, 25-4-902, and 25-4-903, C.R.S.
Such records shall be
produced to the school district that received the NOI upon 14
days written notice if the superintendent of said school
district has probable cause to believe that said program is not
in compliance the guidelines established in this subsection (3).
What about testing?
Each child participating in
a home-based program shall be evaluated when such child reaches
the grades of 3,5,7,9, and 11. Each child shall be given a
nationally standardized achievement test to evaluate the child’s
academic progress, OR a qualified person shall evaluate the
child’s academic progress. An evaluation need only show that the
child is making sufficient academic progress according to the
child’s ability.
A qualified person is an
individual selected by the parent of the child and who is a
teacher licensed pursuant to article 60.5 of this title, a
teacher who is employed by an independent or parochial school, a
licensed psychologist, or a person with a graduate degree in
education.
The method of evaluating is
determined between the parent and the evaluator.
A parent may either
administer tests, as long as the requirements by the test
company are met, or perform an evaluation as long as at least
one of the criteria for a qualified person is met.
All references to
equivalent ages between home-based programs and public schools
were removed from statute in 1994. There are no age/grade
equivalencies therefore a child may be tested or evaluated upon
grade readiness and not limited to age.
What if a child does not
score adequately or fails an evaluation?
If a child takes a
nationally standardized achievement test and has a composite
score above the 13th percentile or has a favorable
evaluation such child shall remain exempt from compulsory
attendance law.
If a child’s composite
score is at or below the 13th percentile, the school
district shall require the parents to place said child in a
public or independent or parochial school until the next testing
period; except that no action shall be taken until the child is
given the opportunity to be retested using an alternate version
of the same test or a different nationally standardized
achievement test selected by the parent from a list of approved
tests by the state board.
If the evaluation results
show that a child is not making sufficient academic progress,
the school district shall require the child’s parents to place
the child in a public or independent or parochial school until
the next testing period.
How would a district
know my test/evaluation results?
The test or evaluation
results, whichever is appropriate, shall be submitted to the
school district that received the NOI or an independent or
parochial school within CO.
If an independent or
parochial school is chosen, the name of the school where the
records are submitted shall be provided to the school district
that received the NOI.
The independent or
parochial school where the records are filed must notify the
school district that received the NOI of a test score that falls
at or below the 13th percentile, or of an
unsatisfactory evaluation result.
What about sports or
other extracurricular activities at the public schools?
A child who is
participating in a home-based program shall have the same rights
as a student enrolled in a public or private school to
participate on an equal basis in any extracurricular or
interscholastic activity offered by a public or private school,
at the private school’s discretion, as provided in section
22-32-116.5 and is subject to the same rules of any
interscholastic organization or association of which the
student’s school of participation is a member.
The fee amount that a
school of participation charges a nonenrolled student shall not
exceed 150% of the fee amount the school of participation would
charge an enrolled student to participate in the activity.
Non-public home-based educational students are not considered
enrolled in the public school when participating in any
interscholastic or extracurricular activity and are therefore
subject to a possible 150% of the fee required. { 22-32-116.5
(6) (a)}
What about re-enrollment
in the public school?
Any child who has been
enrolled in a non-public home-based educational program and
subsequently enrolls in the public school system may be tested
by the school district for the purpose of placing the child in
the proper grade and shall then be placed at the grade level
deemed most appropriate by the school district with the consent
of the child’s parent or legal guardian.
The school district shall
accept the transcripts from the non-public home-based
educational program from any such child.
Please note that the law
states the district shall accept the transcripts, but it doesn’t
say that the district MUST count these transcripts for
graduation purposes. This amendment was added in the 2000
General Assembly and has yet to be tested out.
Can I hire a tutor to
teach my child?
Yes, as long as the tutor
is a licensed teacher in CO.
A NOI is not required and
no regulations apply to a tutor.
The same is true for a
parent who is a teacher licensed in CO.
District of residence or
attendance?
The school district of
residence is the district in which the child physically resides.
The school district of attendance is the district that receives
the NOI.
Are there any other
options in CO to teach my child at home?
Another exemption to
compulsory school attendance law is the enrollment for a minimum
of 172 days in an independent or parochial school which provides
a basic academic education.
Because the statute reads
"enrolls" and not "attends", independent or parochial schools
can determine where the teaching will take place. (Widefield
School District vs. Bohl, Colorado District Court, El Paso
County, No. 86 JV 1389 (1987)
Students that enroll in an
independent or parochial school and are subsequently allowed to
be taught at home are private school students and are not
considered enrolled in a non-public home-based educational
program. These students are subject to private school law under
their school of enrollment. These independent or parochial
schools are sometimes referred to as "satellite" or "umbrella"
schools although neither term appears in statute.
NONE OF THE INFORMATION
CONTAINED IN THIS ARTICLE MAY BE CONSIDERED OR IS INTENDED TO BE
THE GIVING OF LEGAL ADVICE. |
