JDK - Home School and Other Compulsory Education Exemptions

1. PURPOSE AND PHILOSOPHY

1.1The Board of Education of Nebo School District recognizes that while a student’s parent is the primary person responsible for the student’s education, under Utah’s compulsory education laws parents are generally required to enroll their children in school unless an exemption is granted. The law outlines specific exemptions that may be granted by the Board, including for a student who will attend a home school. 

1.2This policy sets forth the requirements and procedures to be followed by students, parents, and the District in order for a compulsory education exemption to be granted. 

2. DEFINITIONS

2.1“Home school” is defined in Utah Admin. Code R277-438 and means a school in the state comprised of one or more students officially excused from compulsory public school attendance under this policy and Utah Code Ann., § 53G-6-204.

2.2“Parent” means a custodial parent, legal guardian, or other person with the same authority as a custodial parent or legal guardian. 

2.3“Private school” is defined in Utah Admin. Code R277-438 and means a school in the state that:  

2.3.1Is maintained by a private individual or corporation;

2.3.2Is maintained and operated not at public expense; 

2.3.3Is generally supported, in part at least, by tuition fee or charges; 

2.3.4Operates as a substitute for, and giving the equivalent of, instruction required in a public school; 

2.3.5Employs a teacher able to provide the same quality of education as a public school teacher; 

2.3.6Is established to operate indefinitely and independently, not dependent upon the age of the students available or upon individual family situations; AND 

2.3.7Is licensed as a business by the Utah Department of Commerce.

2.4"Minor student” or “Student” means a person who is at least six years old, but younger than 18 years old, and is not emancipated according to Utah law. 

3. COMPULSORY EDUCATION 

3.1Except as otherwise provided in this policy, the parent of a minor student is required to enroll and send the student to a public or regularly established private school. Utah Code Ann. § 53G-6-202. A public school may include a Nebo District school, a school in another district wherein the student may be legally enrolled, or a charter school. A student who is not attending a public school or a regularly established private school must obtain an exemption certificate as provided herein. 

3.2The District may issue a notice of compulsory education violation to a parent of a student in grade 1 through 6 in accordance with Nebo School District Policy JDH, Student Attendance. 

3.3In accordance with Nebo School District Policy JDH, Student Attendance, the District may issue a notice of truancy to a student who is in grade 7 or above and who is at least 12 years old and who is truant, as well as to the student’s parent. 

3.4The District shall report compulsory education violations to the appropriate county or district attorney as required by law. Utah Code Ann. § 53G-6-202. 

4. EXEMPTIONS

4.1Board Release

4.1.1Students who meet one or more of the following conditions to the satisfaction of the Board shall be exempt from the compulsory education requirements and shall be given a certificate stating that the student is excused from public school attendance during the time specified on the certificate.

4.1.1.1A student over age sixteen (16) may receive a partial release from school to enter employment or attend a trade school if the student has completed the eighth (8th) grade. Minor students receiving this exemption must still attend school or home school part-time as required by the Board.

4.1.1.2On an annual basis, a minor student may receive a full release from attending a public, regularly established private, or part-time school or class if any one of the following is established to the Board’s satisfaction: 

4.1.1.2.1The minor student has already completed the work required for graduation from high school; 

4.1.1.2.2The minor student is in a physical or mental condition, certified by a competent physician, which renders attendance inexpedient and impracticable; 

4.1.1.2.3Proper influences and adequate opportunities for education are provided in connection with the minor student’s employment; OR

4.1.1.2.4The Superintendent determines that the minor student, if over the age of sixteen (16), is unable to profit from attendance at school because of inability or a continuing negative attitude toward school regulations and discipline. 

4.2Home School Exemption

4.2.1When a parent withdraws an enrolled student for the purpose of home-schooling, or chooses not to enroll a school-aged child, the parent shall provide a one-time initial notification, which may include a letter of intent, to the District. The Notification or letter of intent should indicate that: 

4.2.1.1the minor student will attend a home school; and

4.2.1.2the parent assumes sole responsibility for the education of the student, except to the extent the student is dual enrolled as provided in section 7.

4.2.2Upon receiving the notification in subsection 4.2.1, 

4.2.2.1The District shall maintain a record of the notification and acknowledge receipt of the notification to the parent within 30 days, and 

4.2.2.2The District is not liable for the education or services of the school-age child. 

4.2.3The parent of a minor student who attends a home school is solely responsible for: 

4.2.3.1The selection of instructional materials and textbooks; 

4.2.3.2The time, place, and method of instruction; AND

4.2.3.3The evaluation of the home school instruction. 

4.2.4The Board may not: 

4.2.4.1Require a parent of a minor student who attends a home school to maintain records of instruction or attendance; 

4.2.4.2Require credentials for individuals providing home school instruction; 

4.2.4.3Inspect home school facilities; OR 

4.2.4.4Require standardized or other testing of home school students.

5. ISSUANCE OF EXEMPTION CERTIFICATES 

5.1For a board release under subsection 4.1, a certificate may be issued according to the following procedures. 

5.1.1The Coordinator of School and Student Services will evaluate each proposed compulsory attendance exemption submitted under subsection 4.1 and make a recommendation to the Superintendent regarding whether to issue an exemption certificate to the parents. 

5.1.2The Superintendent will then present the matter to the Board, who will ultimately decide whether to excuse the school-age minor from public school attendance under this policy. 

5.1.3When the Board excuses a minor student from public school attendance pursuant to an exemption provided in subsection 4.1, the Board shall cause a certificate to be issued by the District excusing the minor student from attendance during the time specified on the certificate, pursuant to Utah Code Ann. § 53G-6-204. For all Board approved exemptions under subsection 4.1, the Superintendent or designee shall sign the Certificate. 

6. DISTRICT SERVICES 

6.1Nebo School District may assist parents who teach their children at home to help them succeed. 

6.2The School District recognizes that parents are ultimately responsible for their children's educational program. To help parents with their home school efforts, the District offers the following services upon request: 

6.2.1Home school students may be assigned to the public school they could attend, and parents may be provided, upon request and availability, with textbooks and other materials similar to what other students receive. There may be fees required for some of these textbooks and materials. 

6.2.2Home school parents have the opportunity to consult with principals and teachers, in a reasonable and appropriate manner, to help in the education of their children. 

6.2.3Home school students with disabilities may be eligible for Special Education services, such as psychological evaluations, speech and hearing services, and other related services available under applicable federal and state laws and regulations. 

6.2.4High school credit (maximum of two (2) credits) may be granted for preapproved and evaluated home school programs. All credit arrangements must be worked out in advance with the school principal and counselors. Some classes such as band, choir, shop, labs, etc., would require regular attendance and participation to earn credit in those subjects. 

6.2.5At the request of a parent to the school principal, home school students may be allowed to participate in normally administered school assessments. 

6.2.6Upon the request of a parent, the District shall identify the knowledge, skills, and competencies a student is recommended to attain by grade level and subject area to assist the parent in achieving college and career readiness through home schooling. 

7. DISTRICT PARTICIPATION

7.1Dual Enrollment. Minor students who are enrolled in regularly established private schools or home schools may also enroll in District schools for dual enrollment purposes as provided in Utah Code Ann. § 53G-6-702 and Utah Admin. Code R277-438. A minor student may participate in any academic activity in the District schools available to students in the minor student’s grade or age group, and subject to compliance with the same rules and requirements that apply to a full-time student’s participation in the activity, including attendance for the full duration of the course, class period, or activity in which the minor student is enrolled. Dual enrollment is based on courses or activities rather than days of the week or times of day. A student enrolled in a dual enrollment program is considered a student of the District for purposes of state funding to the extent of the student’s participation in the District school’s programs. A student attending activities or a portion of the school day under the dual enrollment program shall be subject to the same behavior and discipline rights and requirements of a full-time student, and shall be subject to administrative scheduling and teacher discretion of the District school.

7.2Extracurricular Activities. Students exempt from compulsory education requirements may be eligible for participation in extracurricular public school activities. Such participation is governed and more fully described by Utah Code Ann. § 53G-6-703, Utah Admin. Code R277-494, Nebo School District Policy JECBA, Student Eligibility for Participation in Extracurricular Activities and Athletic Transfers, and District administrative directives . 

7.3Fees. Students exempt from compulsory education requirements who also participate in extracurricular activities or dual enrollment in the District are responsible for school fees in the same manner as full-time District students as set forth in Nebo School District Policy JN, Student Fees. School fees may be waived in accordance with applicable law.

8. TRANSFER TO PUBLIC SCHOOLS 

8.1Students who attend a home school may enroll in a District school consistent with Nebo School District Policy JECB, Student Enrollment and School Transfer and subject to all eligibility requirements imposed by District policy and state and federal laws and regulations. 

8.2When a home school student transfers from a home school to a school within the District, the District will place the student in the grade levels, classes, or courses that the student’s parent or guardian, in consultation with the school administrator, determine are appropriate based on the parent’s or guardian’s assessment of the student’s academic performance. Utah Code Ann. § 53G-6-706. 

8.2.1Within 30 days of a home school student’s placement in a school grade level, class, or course, either the student’s teacher or the student’s parent or guardian may request a conference to consider changing the student’s placement. 

8.2.2If the student’s teacher and the student’s parent or guardian agree on a placement change, the school will place the student in the agreed upon grade level, class, or course. 

8.2.3If the student’s teacher and the student’s parents or guardian do not agree on a placement change, the school will evaluate the student’s subject mastery in accordance with the parent or guardian’s choice between the following options: 

8.2.3.1Allowing the school to administer to the student assessments that are regularly administered to students and used to measure students’ subject matter mastery and determine placement; or 

8.2.3.2Having a private entity or individual administer assessments of subject matter mastery to the student at the parent’s or guardian’s expense. 

8.2.4After an evaluation of a student’s subject matter mastery under subsection 8.2.3, the school may change a student’s placement in a grade level, class, or course. 

8.2.5The Student Services Department will be responsible for coordination of student academic assessments. 

8.3This section does not apply to a student who is dual enrolled under Utah Code Ann. § 53G-6-702. 

History

History
  • Revised: 14 May 2025 - removed requirement for homeschool affidavit, per HB 209 (2025).
  • Committee Edit: 2 May 2024 - removed all notations that affidavit needed to be notarized; removed notary from affidavit form; updated superintendent's letter.
  • Revised: 9 August 2023 – added requirement to affidavit that parent not be convicted of child abuse per HB 305 (2023).
  • Revised: 14 July 2021 – simplified process for filing homeschool affidavit and obtaining exemption certificate.
  • Revised: 9 September 2020 – clarified process for exemption certificates and participation in District programs and activities; made technical changes.
  • Revised: 12 November 2014 – clarified dual enrollment provisions.
  • Repeal: 10 September 2014 – Policy JECE, Compulsory Education Requirements, 14 September 1994, repealed in light of adoption of LD and JDK in 2007 and 2008.
  • Revised: 13 August 2014 – updated per S.B. 39 (2014).
  • Revised: 9 July 2008 –reformatted and renumbered from LB to JDK.
  • Revised: 10 January 2007.
  • Adopted or revised: 14 September 1994.