53A-11-102. Minors exempt from school attendance.
(1) (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(2) and (3) for any of the following reasons:
(i) a minor over age 16 may receive a partial release from school to
enter employment 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; or
(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.
(2)
(a) On an annual basis, a school-age minor shall be excused from
attendance by a local board of education and a parent exempted from
application of Subsections 53A-11-101(2) and (3), if the minor's parent
files a signed affidavit with the minor's school district of residence,
as defined in Section 53A-2-201, that the minor will attend a home
school and receive instruction as required by Subsection (2)(b).
(b) Each minor who attends a home school shall receive instruction:
(i) in the subjects the State Board of Education requires to be taught in public schools in accordance with the law; and
(ii) for the same length of time as minors are required by law to
receive instruction in public schools, as provided by rules of the
State Board of Education.
(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.
(3) Boards excusing minors from attendance as provided by Subsections
(1) and (2) shall issue a certificate stating that the minor is excused
from attendance during the time specified on the certificate.
(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 253, 2005 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.
(3) Except as
otherwise provided in Sections 53A-11-101 and 53A-11-102, a student
enrolled in a public school may also be enrolled in a private school or
a home school for dual enrollment purposes.
(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 63, Chapter 46a, 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. |
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