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Colorado homeschooling law

From:	KP Haldeman <kurt_haldeman@msmgate.mrg.uswest.com>
Newsgroups:	misc.education.home-school.misc
Subject:	Re: Colorado legal requirements?
Date:	5 Jan 1995 18:00:03 GMT

• 22-33-104.5. Home-based education - legislative declaration - definitions - guidelines.
• 22-33-107. Enforcement of compulsory school attendance.
• 22-1-108. Federal constitution to be taught.
• SCHOOL ENTRY IMMUNIZATION
  • 25-4-901. Definitions.
  • 25-4-902. Immunization prior to attending school.
  • 25-4-903. Exceptions from immunization.
• 22-54-103. Definitions.
• 22-32-116.5. Extracurricular and interscholastic activities.

(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 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.

(2)

As used in this section:

(a)

"Non-public 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 non-public home-based educational program to evaluate such child's progress and who is a teacher certified pursuant to article 60 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 non-public home-based educational program:

(a)

A parent or an adult relative designated by a parent to provide instruction in a non-public home-based educational program shall not be subject to the requirements of the "Teacher Certification Act of 1975", article 60 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 non-public 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 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 the written notification of establishment of the program required in paragraph (e) of subsection (2) of this section to the superintendent of the child's school district of residence.

(c)

A non-public 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 non-public 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 in section 22-1-108.

(e)

Any parent establishing a non-public home-based educational program shall provide written notification of the establishment of said program to the local school district of residence 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 non-public 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.

(f)

Each child participating in a non-public 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 local school district of residence 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 local school district of residence. The purpose of such tests or evaluations shall be to evaluate the educational progress of each child.

(g)

The records of each child participating in a non-public 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 local school district of residence 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 non-public home-based educational program and who 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 local school district of residence.

(5)

(a)

(I)

If test results submitted to the local school district of residence pursuant to the provisions of paragraph (f) of subsection (3) of this section show that a child participating in a non-public 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 local school district of residence 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 local school district of residence 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 local school district of residence 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 local school district of residence 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 local school district of residence 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 non-public home-based educational program but also attending his local school district of residence for a portion of the school day, the local school district of residence 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)

For purposes of this subsection (6), a child who is participating in a non-public home-based educational program may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school in the child's public school district of residence or offered by a private school, at the private school's discretion, provided the child:

(II)

(A)

Meets all of the public school district's eligibility requirements for participation in the extracurricular or interscholastic activity, except for class attendance requirements of the school district or any recognized association of schools organizing and controlling the extracurricular or interscholastic activities, if the child elects to participate in an extracurricular or interscholastic activity through a public school;

(B)

Meets all eligibility requirements established by a private school in the extracurricular or interscholastic activity if the child elects to participate in an extracurricular or interscholastic activity through a private school;

(III)

Has not been ruled academically ineligible to participate in extracurricular or interscholastic activities while a public school student within the last two years; and

(IV)

Fulfills the same responsibilities and standards of behavior and performance, including related classroom or practice requirements, as other students participating in the extracurricular or interscholastic activity of the team, squad, or group, and meets the same standards for participation with the team, squad, or group.

(V)

(Deleted by amendment, L. 94, p. 2837, 2, effective June 7, 1994.)

(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 set forth in section 22-32-116.5 (4).

(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.

(1)

The board of education of each school district shall designate one or more of the employees of the district to act as attendance officer for the district, or in cooperation with any court of record in the county, the probation officer of that court may be appointed the attendance officer. It is the attendance officer's duty in appropriate cases to counsel with students and parents and investigate the causes of nonattendance and report to the local board of education so as to enforce the provisions of this article which relate to compulsory attendance.

(2)

The commissioner of education shall designate an employee of the department of education whose duty it is to assist the individual school districts and to supervise the enforcement of compulsory school attendance for the entire state.

(3)

(a)

As used in this subsection (3), a child who is "habitually truant" means a child who has attained the age of seven years and is under the age of sixteen years having four unexcused absences from public school in any one month or ten unexcused absences from public school during any school year. Absences due to suspension or expulsion of a child shall be considered excused absences for purposes of this subsection (3).

(b)

The board of education of each school district shall adopt and implement policies and procedures concerning children who are habitually truant who are enrolled in public schools under the jurisdiction of such board of education. Such policies and procedures may include, but need not be limited to, the following:

(I)

Requiring a meeting between the parent of the child who is habitually truant and appropriate school personnel to review and evaluate the reasons for the child being habitually truant, such meeting to be held not later than ten school days after the child's fourth unexcused absence in a month or tenth unexcused absence in a school year;

(II)

Annually at the beginning of the school year and upon any enrollment during the school year, notifying the parent of each child enrolled in the public schools in writing of such parent's obligations pursuant to section 22-33-104 (5) and requesting that the parent acknowledge in writing awareness of such obligations;

(III)

Annually at the beginning of the school year and upon any enrollment during the school year, obtaining from the parent of each child a telephone number or other means of contacting such parent during the school day; and

(IV)

Establishing a system of monitoring individual unexcused absences of children which shall provide that, whenever a child who is enrolled in a public school fails to report to school on a regularly scheduled school day and school personnel have received no indication that the child's parent is aware of the child's absence, school personnel or volunteers under the direction of school personnel shall make a reasonable effort to notify by telephone such parent. Any person who, in good faith, gives or fails to give notice pursuant to this subparagraph (IV) shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such notice or failure to give such notice.

25-4-901. Definitions.

(1)

"Child" means any student less than eighteen years of age.

(2)

"School" means a public, private, or parochial nursery school, day care center, child care facility, family care home, head start program, kindergarten, elementary or secondary school through grade twelve, or college or university. "School" does not include college or university courses of study which are offered off-campus, or are offered to nontraditional adult students, as defined by the governing board of the institution, or are offered at colleges or universities which do not have residence hall facilities.

(3)

"Student" means any person enrolled in a Colorado school as defined in subsection (2) of this section.

25-4-902. Immunization prior to attending school.

(1)

A student who transfers into a school may enter school provisionally and shall have sixty days in which to submit a certificate of immunization. Any student for whom a certificate of immunization is not submitted within sixty days shall be suspended or expelled from school until a certificate of immunization is provided. Any student expelled pursuant to this part 9 shall not be included in calculating the dropout rate for the school from which such student was expelled or the school district in which such student was enrolled prior to being expelled. Such student shall be included in the annual report of the number of expelled students prepared pursuant to section 22-33-105, C.R.S.

(2)

A student shall be exempted from receiving the required immunizations:

(a)

Upon submitting certification from a licensed physician that the physical condition of the student is such that one or more specified immunizations would endanger his life or health or is medically contraindicated due to other medical conditions;

(b)

Upon submitting a statement signed by one parent or guardian or the emancipated student or student eighteen years of age or older that the parent, guardian, or student is an adherent to a religious belief whose teachings are opposed to immunizations or that the parent or guardian or the emancipated student or student eighteen years of age or older has a personal belief that is opposed to immunizations.

(3)

The state board of health may provide, by regulation, for further exemptions to immunization based upon sound medical practice.

(1)

(a)

"At-risk pupils" means:

(I)

For the 1994-95 budget year, the greater of:

(A)

The number of district pupils eligible for free lunch; or

(B)

The number of pupils calculated in accordance with the following formula:

District pupils eligible for free lunch + 25% x ((District percentage of pupils eligible for free lunch x District pupil enrollment) - District pupils eligible for free lunch)

(II)

For the 1995-96 budget year and budget years thereafter, the number of pupils calculated in accordance with the following formula:

District percentage of pupils eligible for free lunch X District pupil enrollment

(b)

For purposes of this subsection (1):

(I)

"District percentage of pupils eligible for free lunch" means the district pupils eligible for free lunch in grades one through eight divided by the district pupil enrollment in grades one through eight.

(II)

"District pupil enrollment" means the pupil enrollment of the district, as determined in accordance with subsection (10) of this section, minus the number of pupils enrolled in district preschool programs pursuant to article 28 of this title and the number of three- or four-year-old pupils with disabilities receiving educational programs pursuant to article 20 of this title.

(III)

"District pupils eligible for free lunch" means the number of pupils included in the district pupil enrollment who are eligible for free lunch pursuant to the provisions of the federal "National School Lunch Act", which were in effect on July 1, 1994.

(c)

For purposes of this subsection (1), "at-risk pupils" shall be counted in the same manner as pupils are counted pursuant to subsection (10) of this section.

(2)

"Board of education" means the board of education of a district.

(3)

"Budget year" means the period beginning on July 1 of each year and ending on the following June 30 for which a budget for a district is adopted.

(4)

"Department of education" means the department of education created in section 24-1-115, C.R.S.

(5)

"District" means any public school district organized under the laws of Colorado, except a junior college district.

(5.5)

"District percentage of at-risk pupils" means the number of at-risk pupils in the district, as determined in accordance with subsection (1) of this section, divided by the pupil enrollment of the district, as determined in accordance with subsection (10) of this section; except that pupil enrollment shall not include the number of pupils enrolled in district preschool programs pursuant to article 28 of this title and the number of three- or four-year-old pupils with disabilities receiving educational programs pursuant to article 20 of this title.

(6)

"District's total program" means the funding for a district, as determined pursuant to section 22-54-104 or section 22-54-104.3, whichever is applicable, which represents the financial base of support for public education in that district.

(7)

"Funded pupil count" means the greater of:

(a)

The district's pupil enrollment for the applicable budget year; or

(b)

The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the immediately preceding budget year.

(8)

"Joint district" means a district which is located in more than one county.

(9)

"Per pupil operating revenues" means the district's total program for any budget year divided by the district's funded pupil count for said budget year, minus the minimum amount per pupil required by section 22-54-105 to be transferred for the capital reserve fund, the insurance reserve fund, or any other fund for the management of risk-related activities.

(10)

(a)

"Pupil enrollment" means the number of pupils enrolled on October 1 within the applicable budget year or the school day nearest said date, as evidenced by the actual attendance of such pupils prior to said date.

(b)

A pupil enrolled in kindergarten and a pupil with a disability receiving an educational program under the "Exceptional Children's Educational Act", article 20 of this title, who would be in kindergarten but for such disability, shall be counted as a half-day pupil. A pupil with a disability receiving a full-day educational program under said act, who would be in a grade beyond kindergarten but for such disability, shall be counted as a full-day pupil.

(c)

A pupil enrolled in a district preschool program pursuant to article 28 of this title shall be counted as a half-day pupil.

(d)

A three- or four-year-old pupil with a disability receiving an educational program under the "Exceptional Children's Educational Act", article 20 of this title, shall be counted as a half-day pupil.

(e)

A pupil determined to have a disability in accordance with section 22-20-108 and receiving an educational program outside of the district of residence shall be considered enrolled in the district of residence for purposes of this subsection (10).

(f)

In certifying the district's pupil enrollment to the state board pursuant to the provisions of section 22-54-112, the district shall specify the number of pupils enrolled in kindergarten, the number of pupils enrolled in first grade through twelfth grade, the number of pupils enrolled in the district's preschool program, the number of pupils receiving educational programs under the "Exceptional Children's Educational Act", and the number of at-risk pupils.

(11)

"Specific ownership tax revenue paid to the district" means the amount of specific ownership tax revenue received by the district pursuant to section 42-3-106 (26), C.R.S., for the prior budget year that is attributable to all property tax levies made by the district except those property tax levies made for the purpose of satisfying bonded indebtedness obligations, both principal and interest, and those property tax levies authorized at elections held under the provisions of former section 22-53-117 or section 22-54-108.

(12)

"State average per pupil operating revenues" means the total program of all districts for any budget year divided by the total funded pupil count of all districts for said budget year, minus the minimum amount per pupil required by section 22-54-105 to be budgeted for the capital reserve fund, the insurance reserve fund, or any other fund for the management of risk-related activities.

(13)

"State board" means the state board of education.

(14)

"Statewide average percentage of at-risk pupils" means the total number of at-risk pupils in all districts, as determined in accordance with subsection (1) of this section, divided by the pupil enrollment of all districts, as determined in accordance with subsection (10) of this section; except that pupil enrollment shall not include the number of pupils enrolled in district preschool programs pursuant to article 28 of this title and the number of three- or four-year-old pupils with disabilities receiving educational programs pursuant to article 20 of this title.

(1)

Notwithstanding any other provision of this article or any policy or rule of any recognized association of schools which organizes and controls sanctioned extracurricular or interscholastic activities, a student enrolled in the student's public school district of residence shall be allowed to participate on an equal basis in any extracurricular or interscholastic activity sponsored in any other public school within said school district or at any public school in a school district which has boundaries contiguous to the boundaries of the student's public school district of residence if the school in which the student is enrolled does not sponsor that particular extracurricular or interscholastic activity and if the student otherwise meets the school's eligibility requirements for participation. Any student participating in an extracurricular or interscholastic activity pursuant to the provisions of this subsection (1) may be required to pay a fee as a prerequisite to such participation. Any required fee paid by a student who elects to participate in extracurricular or interscholastic activities pursuant to this section shall not exceed the fee the school charges its enrolled students.

(2)

(a)

Notwithstanding any other provision of this article or any policy or rule of any recognized association of schools which organizes and controls sanctioned extracurricular or interscholastic activities, a student who resides within the attendance boundaries of a public school district but who is not enrolled in a public school shall be allowed to participate on an equal basis in any extracurricular or interscholastic activity sponsored by a public school within said public school district if the school in which the student is enrolled does not sponsor that particular extracurricular or interscholastic activity and if the student otherwise meets the school's eligibility requirements for participation.

(b)

As used in this subsection (2), "student" means any child enrolled in:

(I)

An independent or parochial school which provides basic academic education in accordance with the provisions of section 22-33-104 (2) (b); or

(II)

A non-public home-based educational program in accordance with the provisions of section 22-33-104.5 (2).

(c)

Any student participating in an extracurricular or interscholastic activity pursuant to the provisions of this subsection (2) may be required to pay a fee as a prerequisite to such participation. Any required fee paid by a student who elects to participate in extracurricular or interscholastic activities pursuant to this subsection (2) shall not exceed the fee the school charges its enrolled students.

(3)

If any fee is collected pursuant to this section 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.

(4)

The provisions of this section are intended to allow students to participate on an equal basis in extracurricular and interscholastic activities who would otherwise be denied the opportunity to do so and are not intended to sanction or encourage the recruitment of students for participation in such activities by schools or school districts.

(5)

As used in this section, unless the context otherwise requires, "extracurricular or interscholastic activities" includes but is not limited to academic, artistic, athletic, recreational, and other related activities offered by a public school.

Part of Jon's Homeschool Resources. Copyright © 1995..2004 Jon Shemitz <jon@midnightbeach.com> January 5, 1995..September 14, 2004