53G-6-204. School-age children exempt from school attendance.
(1) A local school board or charter school governing board may excuse a school-age child from attendance for any of the following reasons: a school-age child over 16 years old may receive a partial release from school to enter employment, or attend a trade school, if the school-age child has completed grade 8; or on an annual basis, a school-age child may receive a full release from attending a public, regularly established private, or part-time school or class if: the school-age child has already completed the work required for graduation from high school; the school-age child is in a physical or mental condition, certified by a competent physician or physician assistant if required by the local school board or charter school governing board, which renders attendance inexpedient and impracticable; proper influences and adequate opportunities for education are provided in connection with the school-age child's employment; or the district superintendent or charter school governing board has determined that a school-age child over 16 years old is unable to profit from attendance at school because of inability or a continuing negative attitude toward school regulations and discipline. A school-age child receiving a partial release from school under Subsectionis required to attend: (1)(a)(i) school part time as prescribed by the local school board or charter school governing board; or a home school part time. In each case, evidence of reasons for granting an exemption under Subsectionmust be sufficient to satisfy the local school board or charter school governing board. (1) A local school board or charter school governing board that excuses a school-age child from attendance as provided by this Subsectionshall issue a certificate that the child is excused from attendance during the time specified on the certificate. (1)
(2) A parent or legal guardian of a school-age child who attends a home school is solely responsible for: the selection of instructional materials and textbooks; the time, place, and method of instruction; and the evaluation of the home school instruction. A local school board may not: require a parent or legal guardian of a school-age child who attends a home school to maintain records of instruction or attendance; require credentials for individuals providing home school instruction; inspect home school facilities; or require standardized or other testing of home school students. Upon the request of a parent or legal guardian, a local school board shall identify the knowledge, skills, and competencies a student is recommended to attain by grade level and subject area to assist the parent or legal guardian in achieving college and career readiness through home schooling.
(3) When a parent withdraws an enrolled school-age child from school for the purpose of home-schooling, or chooses not to enroll a school-age child, the parent shall provide a one-time initial notification, that may include a letter of intent, to the local school board of the school-age child's district of residence.
(4) A local school board may not require a notification described in Subsectionif a parent of a school-age child provided a notification to the local school board on or before May 7, 2025, including through a home-school affidavit. (3)
(5) Upon receiving the notification in Subsection: (3) the local school board shall: maintain a record of the notification; and acknowledge receipt of the notification to the parent within 30 days; and the local school board and school of enrollment are not liable for the education or services of the school-age child.
(6) 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 legal guardian of a child attending a home school. The exemptions in this section apply regardless of whether: a parent or legal guardian provides education instruction to the parent's or legal guardian's child alone or in cooperation with other parents or legal guardians similarly exempted under this section; or the parent or legal guardian makes payment for educational services the parent's or legal guardian's child receives.