Present law requires a parent-teacher conducting a home school that is not operated through a church-related school to comply with the following requirements:  Prior to each school year, provide to the local director of schools the parent-teacher's intent to conduct a home school and relevant information, including names and ages of the children, the location of the school, and the proposed curriculum. Information collected is for record keeping and for other purposes for which similar information on public school students may be used in accordance with guidelines, rules, and regulations of the state board of education.  Maintenance of attendance records, subject to inspection by the local director of schools, and submission of these records to the director of schools at the end of each school year.  Instruction for at least four hours per day for the same number of instructional days as are required by state law for public schools.  Possession of a high school diploma or high school equivalency credential approved by the state board of education by the parent-teacher.  Administration by the commissioner of education or by a professional testing service that is approved by the LEA, to home school students of the same state board approved secure standardized tests required of public-school students in grades five, seven, and nine. However, the test for grade nine may not be the high school proficiency test required to receive a full diploma upon graduation from public high school.  Tests administered by the commissioner must be at the same time tests are administered to public school students, and be administered in the public school that the home school student would otherwise be attending, or at whatever location students at such school are tested. Tests administered by the commissioner must be administered without charge. The parent-teacher may be present when the home school student is tested in grade five. Both parent-teacher and home school student must be under the supervision of the test administrator.  Tests administered by a professional testing service must be administered within 30 days of the date of the statewide test. Tests administered by a professional testing service are at the expense of the parent-teacher.  All test results from either administration by the commissioner or by a professional testing service, must be provided to the parent-teacher, the director of schools, and the state board of education.  Consultation between the director of schools and the parent-teacher if the home school student falls three to six months behind the home school student's appropriate grade level, based on the testing described above.  If a home school student falls six to nine months behind in reading, language arts, mathematics, or science test scores or such of these areas, regardless of the term used on the test, as are actually tested for the student's grade level, based on the tests described above, the parent must consult with a teacher licensed by the state board of education and having a certificate or endorsement in the grade level or course or subject matter in which consultation is sought. The parent and teacher must design a remedial course to help the child obtain the child's appropriate grade level. The parent must report the remedial course for the child to the local director of schools.  If a home school student falls more than one year behind the home school student's appropriate grade level in the home school student's comprehensive test score for two consecutive tests based on the tests required above, and if the child is not learning disabled in the opinion of a teacher licensed to teach at the child's grade level, the local director of schools may require the parents to enroll the child in a public, private or church-related school, and the parents must have all rights provided by law to respond to this requirement.  If a test indicates that a home school student is one year or more behind the home school student's appropriate grade level, the same test must be administered to the child not more than one year later.  Submission by the home school student entering public schools to the evaluation test provided for student at church-related schools, if the local system requires the test, or the tests required by the state board of education for transfer students. This bill removes all of the above requirements. HOME SCHOOL REQUIREMENTS Except for home schools operated through church-related schools, this bill requires a parent-teacher conducting a home school to provide the following:  Notice to the local director of schools prior to each school year of the parent-teacher's intent to conduct a home school and, for purposes of reporting only, submit to the director of schools the names, number, ages, and grade levels of the children to be home schooled.  A normed curriculum to the parent-teacher's home school students that has been selected and approved by the parent-teacher. ASSESSMENTS For home schools not conducted through church-related schools, this bill prohibits this state, an agency of this state, the local school district, or a local government from requiring a parent-teacher of a home school student to (i) administer any assessment to their home school student; or (ii) submit any information or documentation regarding the education being provided by the parent-teacher to their child at home. However, this provision does not prohibit this state or an agency of this state from requesting or receiving the information or documentation necessary to confirm that a parent-teacher is providing a normed curriculum to the parent-teacher's child at home. REGULATION For home schools not conducted through church-related schools, this bill prohibits this state, an agency of this state, the local school district, or a local government from regulating, overseeing, or otherwise imposing any requirements on a parent-teacher conducting a home school for the parent-teacher's child or children, except as provided in this bill. However, this provision does not prohibit this state or an agency of this state from regulating, overseeing, or otherwise imposing requirements on a parent-teacher or home school student if the parent-teacher or home school student voluntarily elects to participate in a state program that imposes certain requirements or standards on participants that exceed those established in this bill, or who has otherwise applied for and received state funds for which this state or an agency of this state has promulgated rules or established requirements or standards for recipients that exceed those established in this bill.

Statutes affected:
Introduced: 49-6-3050