Enrolled Copy S.B. 56
1 HOME SCHOOL AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover House Sponsor: Jon Hawkins
2
3 LONG TITLE
4 General Description:
5 This bill removes the notary requirement on a home school affidavit.
6 Highlighted Provisions:
7 This bill:
8 ▸ removes the notary requirement on a home school affidavit.
9 Money Appropriated in this Bill:
10 None
11 Other Special Clauses:
12 None
13 Utah Code Sections Affected:
14 AMENDS:
15 53G-6-204, as last amended by Laws of Utah 2023, Chapter 162
16
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53G-6-204 is amended to read:
19 53G-6-204 . School-age children exempt from school attendance.
20 (1) (a) A local school board or charter school governing board may excuse a school-age
21 child from attendance for any of the following reasons:
22 (i) a school-age child over [age ]16 years old may receive a partial release from
23 school to enter employment, or attend a trade school, if the school-age child has
24 completed grade 8; or
25 (ii) on an annual basis, a school-age child may receive a full release from attending a
26 public, regularly established private, or part-time school or class if:
27 (A) the school-age child has already completed the work required for graduation
28 from high school;
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29 (B) the school-age child is in a physical or mental condition, certified by a
30 competent physician if required by the local school board or charter school
31 governing board, which renders attendance inexpedient and impracticable;
32 (C) proper influences and adequate opportunities for education are provided in
33 connection with the school-age child's employment; or
34 (D) the district superintendent or charter school governing board has determined
35 that a school-age child over [the age of ]16 years old is unable to profit from
36 attendance at school because of inability or a continuing negative attitude
37 toward school regulations and discipline.
38 (b) A school-age child receiving a partial release from school under Subsection (1)(a)(i)
39 is required to attend:
40 (i) school part time as prescribed by the local school board or charter school
41 governing board; or
42 (ii) a home school part time.
43 (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
44 must be sufficient to satisfy the local school board or charter school governing board.
45 (d) A local school board or charter school governing board that excuses a school-age
46 child from attendance as provided by this Subsection (1) shall issue a certificate that
47 the child is excused from attendance during the time specified on the certificate.
48 (2) (a) (i) As used in this Subsection (2)(a), "child abuse" means a criminal felony or
49 attempted felony offense of which an individual is convicted, or to which an
50 individual pleads guilty or no contest, for conduct that constitutes any of the
51 following:
52 (A) child abuse under Section 76-5-109;
53 (B) aggravated child abuse under Section 76-5-109.2;
54 (C) child abandonment under Section 76-5-109.3;
55 (D) commission of domestic violence in the presence of a child under Section
56 76-5-114;
57 (E) child abuse homicide under Section 76-5-208;
58 (F) child kidnapping under Section 76-5-301.1;
59 (G) human trafficking of a child under Section 76-5-308.5;
60 (H) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in Title
61 76, Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years old;
62 (I) sexual exploitation of a minor under Section 76-5b-201;
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63 (J) aggravated sexual exploitation of a minor under Section 76-5b-201.1; or
64 (K) an offense in another state that, if committed in this state, would constitute an
65 offense described in this Subsection (2)(a)(i).
66 (ii) Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a
67 school-age child from attendance, if the school-age child's parent or legal guardian
68 files a signed [and notarized ]affidavit with the school-age child's school district of
69 residence, as defined in Section 53G-6-302, that:
70 (A) the school-age child will attend a home school; and
71 (B) the parent or legal guardian assumes sole responsibility for the education of
72 the school-age child, except to the extent the school-age child is dual enrolled
73 in a public school as provided in Section 53G-6-702.
74 (iii) If a parent or legal guardian has been convicted of child abuse or if a court of
75 competent jurisdiction has made a substantiated finding of child abuse against the
76 parent or legal guardian:
77 (A) the parent or legal guardian may not assume responsibility for the education
78 of a school-age child under Subsection (2)(a)(ii); and
79 (B) the local school board may not accept the affidavit described in Subsection
80 (2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age
81 child from attendance under Subsection (2)(a)(ii) in relation to the parent's or
82 legal guardian's intent to home school the child.
83 (iv) Nothing in this Subsection (2)(a) affects the ability of another of a child's parents
84 or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the
85 affidavit described in Subsection (2)(a)(ii).
86 (b) A signed [and notarized ]affidavit filed in accordance with Subsection (2)(a) shall
87 remain in effect as long as:
88 (i) the school-age child attends a home school;
89 (ii) the school district where the affidavit was filed remains the school-age child's
90 district of residence; and
91 (iii) the parent or legal guardian who filed the signed [and notarized ]affidavit has not
92 been convicted of child abuse or been the subject of a substantiated finding of
93 child abuse by a court of competent jurisdiction.
94 (c) A parent or legal guardian of a school-age child who attends a home school is solely
95 responsible for:
96 (i) the selection of instructional materials and textbooks;
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97 (ii) the time, place, and method of instruction; and
98 (iii) the evaluation of the home school instruction.
99 (d) A local school board may not:
100 (i) require a parent or legal guardian of a school-age child who attends a home school
101 to maintain records of instruction or attendance;
102 (ii) require credentials for individuals providing home school instruction;
103 (iii) inspect home school facilities; or
104 (iv) require standardized or other testing of home school students.
105 (e) Upon the request of a parent or legal guardian, a local school board shall identify the
106 knowledge, skills, and competencies a student is recommended to attain by grade
107 level and subject area to assist the parent or legal guardian in achieving college and
108 career readiness through home schooling.
109 (f) A local school board that excuses a school-age child from attendance under this
110 Subsection (2) shall annually issue a certificate stating that the school-age child is
111 excused from attendance for the specified school year.
112 (g) A local school board shall issue a certificate excusing a school-age child from
113 attendance:
114 (i) within 30 days after receipt of a signed [and notarized ]affidavit filed by the
115 school-age child's parent or legal guardian under this Subsection (2); and
116 (ii) on or before August 1 each year thereafter unless:
117 (A) the school-age child enrolls in a school within the school district;
118 (B) the school-age child's parent or legal guardian notifies the school district that
119 the school-age child no longer attends a home school; or
120 (C) the school-age child's parent or legal guardian notifies the school district that
121 the school-age child's school district of residence has changed.
122 (3) A parent or legal guardian who is eligible to file and files a signed [and notarized ]
123 affidavit under Subsection (2)(a) is exempt from the application of Subsections
124 53G-6-202(2), (5), and (6).
125 (4) (a) Nothing in this section may be construed to prohibit or discourage voluntary
126 cooperation, resource sharing, or testing opportunities between a school or school
127 district and a parent or legal guardian of a child attending a home school.
128 (b) The exemptions in this section apply regardless of whether:
129 (i) a parent or legal guardian provides education instruction to the parent's or legal
130 guardian's child alone or in cooperation with other parents or legal guardians
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131 similarly exempted under this section; or
132 (ii) the parent or legal guardian makes payment for educational services the parent's
133 or legal guardian's child receives.
134 Section 2. Effective date.
135 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 53G-6-204
Enrolled: 53G-6-204