Alabama Home Schooling Law

Home Schooling in the United States: A Legal Analysis

2009-2010 Edition

 

Alabama is one of our states without a real clear state laws regarding home schooling.  In researching the laws of Alabama regarding home schooling we found that the laws were very unclear and left a lot up to the interpretation of the local authority to regulate.

Alabama has stated that Compulsory Attendance Ages is between the ages of 7 and 17, Alabama Code 16-28-3.    There is no home schooling statute, but home schoolers in the state of Alabama have two options.

In option one: Home schools qualify as church “schools ... operated as a ministry of a local church, group of churches, denomination, and/or association of churches on a nonprofit basis which do not receive any state or federal funding.” Alabama Code 16-28-1(2). Every child attending a church school is exempt from the requirements of the compulsory attendance section stating that children between the ages of 7 and 17 are required 180 days of instruction that is public school.  Provided the child complies with the procedure in 16-28-7 parent or guardian reporting attendance in church school.  Also, under this option, some home schoolers enroll their children in an existing church school but teach them at home.

 . The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent on a form provided by the superintendent which shall be countersigned by the administrator of the church school, Alabama Code 16-28-7. No requirement to file annually. Only need to file this form once at initial enrollment in church school.  The principal teacher of the church school must keep an attendance register for each day of the school year. Alabama. Code 16-28-8.A church school must offer grades K-12, or any combination there of. 16-28-1(2).  If the local school district believes a family is not in compliance with the law, it must give the family 3 days’ written notice § 16-28-16 prior to instituting criminal charges  According to an Alabama Attorney General’s opinion dated January 3, 1997, Other than the state laws requiring parents to report attendance and for church schools to report if a student is no longer in attendance at such a church school, there is no provision of Alabama law that permits or requires any state or local authority to regulate a church school.

That is the first option and I guess we can think our lucky stars that there is another option.

Option two: Is known as the private tutor option. Under 16-28-5, the children in a home school must be instructed by a competent private tutor. Under this statute, the teacher must be state certified. The certified teacher must teach for at least three hours a day for 140 days each year, between the hours of 8:00 a.m. and 4:00 p.m. The tutor must file with the county superintendent, a statement showing the child to be instructed, the subjects taught, and period of instruction. The tutor must keep a register of the child’s work showing daily hours of instruction and attendance and shall make such reports as the State Board of Education may require.

I would like to thank the HSLDA for the facts on the home schooling laws in Alabama for which the majority of the facts that we researched were derived from their web-site and if there are any further questions please visit them at http://www.hslda.org/laws/analysis/Alabama.pdf 

I hope this article on the home schooling laws in Alabama is helpful.