My favorite thing about Colorado's home-based education law is the legislative declaration, "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 home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education."
Colorado home-based education law
Colorado Revised Statute 22-33-104.5 Home-based education (takes a few moments to load; also posted below)
The gist for homeschoolers is:
Send written notification to any school district in Colorado each year for ages 6 - 16. (You are not required to "establish the program" until the child is 7 yrs old. This is kind of a funky blip in the law because compulsory school attendance ages changed in 2006, and this is what legislators came up with.)
Written notification only requires: child(ren)'s name, age, place of residence, attendance hours (172 days, averaging 4 hours/day = 688 hours).
Testing or evaluation every other year, starting 3rd grade (3rd, 5th, 7th, 9th, 11th). Tests need to be a nationally standardized achievement test. Or evaluation by a qualified person (teacher licensed in CO, a teacher who is employed by an independent or parochial school, a licensed psychologist, or a person with a graduate degree in education.)
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(For readers' reference, copy and pasted Oct. 11, 2012)
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(For readers' reference, copy and pasted Oct. 11, 2012)
C.R.S. 22-33-104.5
*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session
of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***
TITLE 22. EDUCATION
SCHOOL DISTRICTS
ARTICLE 33. SCHOOL ATTENDANCE LAW OF 1963
PART 1. SCHOOL ATTENDANCE LAW OF 1963
C.R.S. 22-33-104.5 (2012)
22-33-104.5. Home-based education - legislative declaration - definitions - guidelines
(1) 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 home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.
(2) As used in this section:
(a) "Nonpublic home-based educational program" means 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 of the child 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.
(b) "Parent" includes a parent or guardian.
(c) "Qualified person" means an individual who is selected by the parent of a child who is participating in a nonpublic home-based educational program to evaluate such child's progress 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.
(3) The following guidelines shall apply to a nonpublic home-based educational program:
(a) A parent or an adult relative designated by a parent to provide instruction in a nonpublic home-based educational program shall not be subject to the requirements of the "Colorado Educator Licensing Act of 1991", article 60.5 of this title, nor to the provisions of article 61 of this title relating to teacher employment.
(b) A child who is participating in a nonpublic home-based educational program shall not be subject to compulsory school attendance as provided in this article; except that any child who is habitually truant, as defined in section 22-33-107 (3), at any time during the last six months that the child attended school before proposed enrollment in a nonpublic 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 the written notification of establishment of the program required in paragraph (e) of this subsection (3) to any school district within the state.
(c) A nonpublic home-based educational program shall include no less than one hundred seventy-two days of instruction, averaging four instructional contact hours per day.
(d) A nonpublic home-based educational program shall include, but need not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States as provided insection 22-1-108.
(e) Any parent establishing a nonpublic home-based educational program shall provide written notification of the establishment of said program to a school district within the state fourteen days prior to the establishment of said program and each year thereafter if the program is maintained. The parent in charge and in control of a nonpublic home-based educational program shall certify, in writing, only a statement containing the name, age, place of residence, and number of hours of attendance of each child enrolled in said program. Notwithstanding the provisions of section 22-33-104 (1), a parent who intends to establish a nonpublic home-based educational program is not required to:
(I) Provide written notification of the program to a school district within the state until the parent's child is six years of age;
(II) Establish the program until the parent's child is seven years of age; or
(III) Continue the program or provide the notification after the child is sixteen years of age.
(f) Each child participating in a nonpublic home-based educational program shall be evaluated when such child reaches grades three, five, seven, nine, and eleven. 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. The test or evaluation results, whichever is appropriate, shall be submitted to the school district that received the notification required by paragraph (e) of this subsection (3) or an independent or parochial school within the state of Colorado. If the test or evaluation results are submitted to an independent or parochial school, the name of such school shall be provided to the school district that received the notification required by paragraph (e) of this subsection (3). The purpose of such tests or evaluations shall be to evaluate the educational progress of each child. No scores for a child participating in a nonpublic home-based educational program shall be considered in measuring school performance or determining accreditation pursuant to article 11 of this title.
(g) The records of each child participating in a nonpublic home-based educational program shall be maintained on a permanent basis by the parent in charge and in control of said program. The 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 notification required by paragraph (e) of this subsection (3) upon fourteen days' written notice if the superintendent of said school district has probable cause to believe that said program is not in compliance with the guidelines established in this subsection (3).
(4) Any child who has participated in a nonpublic home-based educational program and who subsequently enrolls in the public school system may be tested by the school district in which the child has enrolled for the purpose of placing the child in the proper grade and shall then be placed at the grade level deemed most appropriate by said school district, with the consent of the child's parent or legal guardian. The school district shall accept the transcripts for credit from the non-public home-based educational program for any such child; except that the school district may reject such transcripts if the school district administers testing to such child and the testing does not verify the accuracy of such transcripts.
(5) (a) (I) If test results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that a child participating in a nonpublic home-based educational program received a composite score on said test which was above the thirteenth percentile, such child shall continue to be exempt from the compulsory school attendance requirement of this article. If the child's composite score on said test is at or below the thirteenth 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 supplied by the state board.
(II) If evaluation results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that the child is making sufficient academic progress according to the child's ability, the child will continue to be exempt from the compulsory school attendance requirement of this article. If the evaluation results show that the 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.
(b) If the child's test or evaluation results are submitted to an independent or parochial school, said school shall notify the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section if the composite score on said test was at or below the thirteenth percentile or if the evaluation results show that the child is not making sufficient academic progress. The school district shall then require the parents to proceed in the manner specified in paragraph (a) of this subsection (5).
(6) (a) If a child is participating in a nonpublic home-based educational program but also attending a public school for a portion of the school day, the school district of the public school shall be entitled to count such child in accordance with the provisions of section 22-54-103 (10) for purposes of determining pupil enrollment under the "Public School Finance Act of 1994", article 54 of this title.
(b) (I) For purposes of this subsection (6), a child who is participating in a nonpublic home-based educational program shall have the same rights as a student enrolled in a public school of the school district in which the child resides or is enrolled and may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a 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.
(II) (A) Except as provided for in sub-subparagraph (B) of this subparagraph (II), for purposes ofsection 22-32-116.5, the school district of attendance for a child who is participating in a nonpublic home-based educational program shall be deemed to be the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section.
(B) For purposes of section 22-32-116.5, the school district of attendance for a child who withdraws from a public or private school more than fifteen days after the start of the school year and enters a non-public home-based educational program shall be the school district or private school from which the child withdrew for the remainder of that school year. If, during the remainder of that academic year, the child chooses to participate in extracurricular or interscholastic activities at the same school and was eligible for participation prior to withdrawing from the school, the child remains eligible to participate at such school.
(c) No child participating in an extracurricular or interscholastic activity pursuant to paragraph (b) of this subsection (6) shall be considered attending the public school district where the child participates in such activity for purposes of determining pupil enrollment under paragraph (a) of this subsection (6).
(d) As used in this subsection (6), "extracurricular or interscholastic activities" shall have the same meaning as "activity" as set forth in section 22-32-116.5 (10).
(e) If any fee is collected pursuant to this subsection (6) for participation in an activity, the fee shall be used to fund the particular activity for which it is charged and shall not be expended for any other purpose.
HISTORY: Source:. L. 88: (6) amended, p. 812, § 12, effective May 24; entire section added, p. 766, § 1, effective July 1.L. 93: (6) amended, p. 457, § 2, effective April 19.L. 94: (2)(c) added and (3)(e), (3)(f), and (5) amended, p. 618, § § 1, 2, effective April 14; (3)(b), IP(6)(b), (6)(b)(II), and (6)(b)(V) amended, p. 677, § 2, effective April 19; (6)(a) amended, p. 813, § 29, effective April 27; (6)(e) added, p. 1283, § 8, effective May 22; (6)(b) and (6)(c) amended and (6)(d) added, p. 2837, § 2, effective June 7.L. 96: (6)(b) and (6)(d) amended, p. 1022, § 2, effective May 23.L. 2000: (3)(b), (3)(e), (3)(f), (3)(g), (4), (5), (6)(a), and (6)(b) amended, p. 369, § 22, effective April 10; (2)(c) and (3)(a) amended, p. 1857, § 61, effective August 2.L. 2001: (3)(b), (3)(f), (4), and (6)(b)(I) amended, p. 1494, § 17, effective June 8.L. 2006: (3)(e) amended, p. 1213, § 4, effective July 1, 2007.L. 2007: (3)(e) amended, p. 71, § 2, effective July 1, 2008.L. 2009: (3)(f) amended, (SB 09-163), ch. 293, p. 1543, § 47, effective May 21.
Editor's note: Subsection (6)(d) was numbered as subsection (6)(f) in House Bill 94-1094 but was renumbered on revision for ease of location.
Cross references: (1) For further provisions concerning student participation in interscholastic activities in a school in which they do not attend, see § 22-32-116.5.
(2) For the legislative declaration contained in the 2006 act amending subsection (3)(e), see section 1 of chapter 265, Session Laws of Colorado 2006.
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Compulsory attendance law
(For readers' reference, copy and pasted Oct. 11, 2012)
C.R.S. 22-33-104
*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session
of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***
TITLE 22. EDUCATION
SCHOOL DISTRICTS
ARTICLE 33. SCHOOL ATTENDANCE LAW OF 1963
PART 1. SCHOOL ATTENDANCE LAW OF 1963
C.R.S. 22-33-104 (2012)
22-33-104. Compulsory school attendance
(1) (a) Except as otherwise provided in subsection (2) of this section, every child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years, except as provided by this section, shall attend public school for at least the following number of hours during each school year:
(I) One thousand fifty-six hours if a secondary school pupil;
(II) Nine hundred sixty-eight hours if an elementary school pupil in a grade other than kindergarten;
(III) Nine hundred hours if a full-day kindergarten pupil; or
(IV) Four hundred fifty hours if a half-day kindergarten pupil.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a school or schools shall not be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education.
(c) A student who participates in an on-line program or on-line school pursuant to the provisions of article 30.7 of this title shall be deemed to attend school in accordance with the requirements of this subsection (1).
(d) Nothing in this section shall be interpreted to require a child who begins attending preschool or kindergarten at five or six years of age to advance to first grade in the following school year. A parent of a child who began attending preschool or kindergarten at five or six years of age may notify the child's school of the parent's wish that the child not advance to first grade in the following school year, and a school that receives such notice shall not advance the child to first grade in the following school year.
(1.5) (Deleted by amendment, L. 2006, p. 1211, § 2, effective July 1, 2007.)
(2) The provisions of subsection (1) of this section shall not apply to a child:
(a) Who is temporarily ill or injured or whose absence is approved by the administrator of the school of attendance;
(b) Who is enrolled for a minimum of one hundred seventy-two days in an independent or parochial school which provides a basic academic education. "Basic academic education" for the purpose of this article means the sequential program of instruction provided by an independent or parochial school. Such program shall include, but not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, and science.
(c) Who is absent for an extended period due to physical, mental, or emotional disability;
(d) Who has been suspended, expelled, or denied admission in accordance with the provisions of this article; except that, when a pupil is expelled for the remainder of the school year, the parent, guardian, or legal custodian is responsible for seeing that either the provisions of subsection (1) of this section are complied with during the period of expulsion from the school district or that the pupil meets the conditions for exemption specified in paragraph (b) or (i) of this subsection (2);
(e) To whom a current age and school certificate or work permit has been issued pursuant to the "Colorado Youth Employment Opportunity Act of 1971", article 12 of title 8, C.R.S.;
(f) Who is in the custody of a court or law enforcement authorities;
(g) Who is pursuing a work-study program under the supervision of a public school;
(h) Who has graduated from the twelfth grade;
(i) Who is being instructed at home:
(I) By a teacher licensed pursuant to article 60.5 or 61 of this title; or
(II) Under a nonpublic home-based educational program pursuant to section 22-33-104.5.
(III) (Deleted by amendment, L. 2003, p. 2131, § 24, effective May 22, 2003.)
(j) Who is enrolled in a school where the state board of education has approved a lesser number of days.
(3) Unless within one of the exceptions listed in subsection (2) of this section, a child who is deaf or blind, and who has attained the age of six years and is under the age of seventeen, shall attend, for at least one hundred seventy-two days during the school year, a school which provides suitable specialized instruction. The provisions of this subsection (3) shall not apply to a child if the Colorado school for the deaf and the blind refuses him admission and it is impractical to arrange for attendance at a special education class, as provided in article 20 of this title, within daily commuting distance of the child's home. If any school providing instruction for deaf or blind children offers fewer than the necessary one hundred seventy-two days of instruction, the school shall file with the school district in which it is located a report showing the number of days classes were held and the names and ages of the children enrolled.
(4) (a) The board of education shall adopt a written policy setting forth the district's attendance requirements. Said policy shall provide for excused absences, including those listed as exclusions from compulsory school attendance in accordance with subsection (2) of this section. An attendance policy developed pursuant to this section may include appropriate penalties for nonattendance due to unexcused absence.
(b) The attendance policy adopted pursuant to this subsection (4) shall specify the maximum number of unexcused absences a child may incur before the attorney for the school district, the attendance officer, or the local board of education may initiate judicial proceedings pursuant to section 22-33-108. Calculation of the number of unexcused absences a child has incurred includes all unexcused absences occurring during any calendar year or during any school year.
(c) On or before January 1, 2009, the state board shall adopt rules establishing a standardized calculation for counting unexcused absences of students, including the circumstance in which a student is absent for part of a school day, and the format for reporting the information to the department pursuant to section 22-33-107.
(5) (a) The general assembly hereby declares that two of the most important factors in ensuring a child's educational development are parental involvement and parental responsibility. The general assembly further declares that it is the obligation of every parent to ensure that every child under such parent's care and supervision receives adequate education and training. Therefore, every parent of a child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section.
(b) Parents whose children are enrolled in an independent or parochial school or a non-public home-based educational program pursuant to the provisions of subsection (2) of this section shall be exempt from the requirements of this subsection (5).
HISTORY: Source: L. 63: p. 862, § 5. C.R.S. 1963: § 123-20-5.L. 73: pp. 1254, 1314, § § 5, 6.L. 74: (2)(j) added, p. 363, § 1, effective March 19.L. 77: (1) amended, p. 1071, § 4, effective May 24.L. 80: (1) amended, p. 551, § 2, effective April 30.L. 83: (2)(b) amended, p. 755, § 1, effective June 3.L. 84: (4) added, p. 597, § 2, effective April 5.L. 86: (1) amended, p. 801, § 4, effective July 1.L. 87: (2)(i) amended, p. 829, § 1, effective July 1.L. 88: (2)(j) amended, p. 768, § 2, effective July 1.L. 93: (5) added, p. 457, § 1, effective April 19; (2)(d) amended, p. 454, § 6, effective July 1.L. 94: (4) amended, p. 678, § 3, effective April 19.L. 97: (1.5) added, p. 41, § 1, effective July 1.L. 98: (1), (2)(d), and (2)(i) amended, p. 654, § 1, effective August 5.L. 2000: (2)(i)(I) amended, p. 1857, § 60, effective August 2.L. 2003: (1) and (2)(i)(III) amended, p. 2131, § 24, effective May 22.L. 2006: (1), (1.5), and (5)(a) amended, p. 1211, § 2, effective July 1, 2007.L. 2007: (1)(c) amended, p. 1089, § 15, effective July 1; IP(1)(a) and (5)(a) amended and (1)(d) added, p. 70, § 1, effective July 1, 2008.L. 2008: (4)(c) added, p. 517, § 1, effective August 5.L. 2009: (4)(a) amended, (HB 09-1243), ch. 290, p. 1423, § 3, effective May 21.L. 2012: (1)(c) amended, (HB 12-1240), ch. 258, p. 1330, § 44, effective June 4.
Cross references: For the legislative declaration contained in the 2006 act amending subsections (1), (1.5), and (5)(a), see section 1 of chapter 265, Session Laws of Colorado 2006.
ANNOTATION
Law reviews. For article, "Children in Need: Observations of Practice of the Denver Juvenile Court", see 51 Den. L.J. 337 (1974). For article, "Truancy in Colorado: A Truancy Reduction Model in the Public Schools", see 34 Colo. Law. 19 (November 2005).
The state, for its own protection, may require children to be educated. People ex rel. Vallimar v. Stanley, 81 Colo. 276, 255 P. 610 (1927).
Compulsory attendance law constitutionally enacted. The general assembly did not exceed its constitutional authority in enacting the compulsory school attendance law. In Interest of Y.D.M., 197 Colo. 403, 593 P.2d 1356 (1979).
List of exclusions from compulsory attendance not exhaustive. Although this section specifically enumerates several circumstances which, if proven, render the compulsory attendance law inapplicable, this list of justifications is not exhaustive. In Interest of Y.D.M., 197 Colo. 403, 593 P.2d 1356 (1979).
Placing burden on child to show absences excused is not unfair. It is not manifestly unfair to place on the child the burden to show that her absences from school were excused, for the facts which prove or disprove a claimed excuse are uniquely within the knowledge of the child and its parents or custodian. In Interest of Y.D.M., 197 Colo. 403, 593 P.2d 1356 (1979).
Common-law defense of duress has not been abrogated by the compulsory attendance statute, and the court must instruct the jury on this defense if requested. In Interest of Y.D.M., 197 Colo. 403, 593 P.2d 1356 (1979).
Denial of credit because of absences may be invalid. Where a school district's policy denies academic credit to students with more than seven absences, even if the absences are due partially to suspensions and excused absences, such policy is inconsistent with this section, and is thus invalid or inconsistent with state law. Gutierrez v. Sch. Dist. R-1, 41 Colo. App. 411, 585 P.2d 935 (1978) (decided prior to 1984 amendment adding subsection (4)).
For previous exemption of those over 14 who have completed eighth grade, see Washington County High Sch. Dist. v. Bd. of Comm'rs, 85 Colo. 72, 273 P. 879 (1928).
Exemption of subsection (2) requires only enrollment, not attendance, at independent or parochial school. Legislative change substituting word "enrolled" for word "attends" was clear evidence of intent not to require physical presence at independent or parochial school. Periodic attendance for testing only by students otherwise tutored at home was therefore adequate satisfaction of compulsory attendance statute. People in Interest of D.B., 767 P.2d 801 (Colo. App. 1988).
