Every parent wants what's best for their kids—that's why many families choose homeschooling. Educating your children at home is becoming more and more popular in recent years for a variety of reasons. Some parents don't agree with the public school district's curriculum, some homeschool their kids for religious reasons, and for others, homeschooling is simply a better fit for the family's lifestyle.
Whatever your reasons, you have the right to homeschool your children if you live in Utah. The state has relatively flexible homeschooling regulations, making it easy for parents to start educating their kids at home. However, you may still encounter obstacles when dealing with the school district or local government. If you make an honest mistake, it could lead to big problems.
At the Lento Law Firm, we help homeschool families deal with legal issues that could prevent them from educating their children how they see fit. We defend your right to homeschool your children, dealing with school and government administrators for you. Call 888-535-3686 to schedule a consultation. You can also fill out our contact form with your details, and a member of our team will get back to you.
Homeschooling and Attendance in Utah
Once you sign and submit an affidavit to your local district stating you wish to educate your child at home, they are exempt from the state's mandatory school attendance law. The school board isn't allowed to impose a schedule on your homeschool or force you to maintain records of attendance. If your local school board does try to ask you for hours or days of instruction or tells you that you must provide proof of time spent by your kids in class, you don't have to provide that information. You can get an Education Law Team like the Lento Law Firm to help you defend your rights and deal with a school board that tries to impose extra requirements on you.
Keep in mind, however, that there is some information the school district has a right to ask for. If you want to exempt your child from public school attendance, the school might ask for basic information such as your name, phone number, and street address. If you want your child to participate in extra-curricular activities such as a school dance or sports team, the school has the right to ask for information confirming your child's identity.
Utah's Dual Enrollment Law
Utah is known as a sort of haven for homeschooling not only because laws concerning education at home are so flexible but also because of the dual enrollment law. Families have options when it comes to their child's education—if you don't want to educate your child at home 100 percent of the time, you can choose a homeschool charter school. These charter schools vary in their offerings, with some providing online learning a child can do from home and others requiring children to attend enrichment classes a few times per week.
It's important to know that if you choose to enroll your child in a homeschooled charter school, you give up some of your freedom as a homeschooled parent. These charter schools have the same status as public schools and, therefore, come with the same enrollment requirements. Your child will have to do standardized testing, follow immunization requirements, and adhere to state graduation standards.
Since homeschooling laws in Utah aren't strict, it can be easy to make mistakes when it comes to dual enrollment. You may think you've enrolled your child in a co-op when, in fact, they are a public school student who must follow state laws and regulations. If you find yourself in a difficult situation concerning your child's homeschooling, our Education Law Team can help.
Qualifications for Homeschool Teachers in Utah
You don't need teaching qualifications to homeschool your child in Utah. You just need to be the child's parent or legal guardian. You must also not have a record of child abuse or have a claim of child abuse substantiated against you. Utah doesn't allow individuals to homeschool other people's children—but you can homeschool other children in cooperation with their parents. You remain solely responsible for your child's homeschooled education, though. If your local school board asks you for qualifications showing you can educate your children at home, you don't have to provide any. If your school board insists, you should contact our Education Law Team at the Lento Law Firm. We can help you stand your ground and even liaise with the school board on your behalf.
Homeschool Co-Ops in Utah
Utah has few restrictions on homeschooling, making it easier to educate children at home than many other states in the country. While some states don't allow homeschool co-ops, in Utah, they are perfectly legal. In a co-op, parents volunteer to educate each other's children. If you want to avoid public school but don't feel like taking on all the responsibilities of educating your child by yourself, you can join a co-op. You can also homeschool other people's kids as part of a co-op.
If you join a co-op and your local school board tries to classify your child as a public school student or sends you warnings about truancy, you should contact the Lento Law Firm. A co-op isn't the same as a public school, and under Utah law, your child is still exempt from the attendance requirement. We can help you understand your rights and obligations as a homeschool parent in Utah and help you deal with your local school board.
Extracurricular Activities and Homeschooled Students in Utah
Homeschooled students in Utah have the right to participate in the extracurricular activities of certain public schools if they meet the academic eligibility requirements set by the school. Utah law defines an extracurricular activity as an activity, course, or program that is:
- Not directly related to delivering required instruction
- Not a curricular activity or co-curricular activity (i.e., intended to deliver instruction or an extension of a program intended to deliver instruction)
- Provided, sponsored, or supported by a local school district
For example, a homeschooled student could join a school sports team because it's not intended to deliver instruction and is sponsored by the school. They wouldn't be able to join an after-school tutoring session hosted by one of the school's teachers, however, as it's considered a “co-curricular” activity, an extension of a course that delivers instruction.
Most homeschooling laws in Utah are straightforward, but things can get tricky when it comes to extracurricular activities. Schools can set their own academic eligibility requirements for students who wish to participate in these activities, and it can change depending on the school. For some activities, there are also certain entry requirements. You'll have to provide an affidavit confirming that your child meets all standards and requirements if you want them to participate.
Anyone who suspects your child doesn't meet the requirements can submit their own affidavit to the school principal, along with evidence. The principal may have to convene a panel to verify this evidence, which could prevent your child from participating.
If your school is making you jump through unnecessary hoops to get your child signed up for an extracurricular activity, our Education Law Team can help. Your child shouldn't be deprived of these important social activities because of some bureaucratic red tape.
Homeschooling Special Education Students in Utah
All public schools in Utah and nationwide have a legal responsibility to identify and evaluate children for special education services. This mandate still applies to homeschooled children in Utah. School districts are responsible for finding and testing homeschooled children with potential disabilities within their boundaries. As a parent, however, you can refuse to give your consent to have your child evaluated for special education services by the school district.
Although the local public school district is required to identify and evaluate children with disabilities, it's not required to provide special education services to these children. Districts get to decide for themselves if they offer these services to homeschooled children or not. If they do, the services must comply with state and federal requirements. If you want to homeschool your child but also access some special education services for free, you may have the option to dually enroll your student in both public and homeschool at the same time. Dually enrolled students qualify for special education in Utah.
If you're facing difficulties from the local public school district concerning special education, you should contact the Education Law Team at the Lento Law Firm. The school might try to force you to submit your child for evaluation, citing a legal responsibility to test all students residing in the district, but you must give your consent for this evaluation. If you choose to provide your child with your own special education program as part of their homeschooling, you'll have to foot the bill for any therapy, counseling, or other services.
Testing Requirements for Homeschooled Students in Utah
The Utah State Board of Education has required testing for all public school students in the state. Homeschooled students aren't required to take any of these tests. . However, students who attend a homeschool program are allowed to take the tests if they choose to. If, for example, a high school student educated at home wants to take the ACT in preparation for applying to colleges, they must be allowed to do so by a school district that is convenient to the student's circumstances. All school districts are required to work with homeschooled families when it comes to taking assessments. They must have a policy in place for how homeschooled children can take the tests, as well as publish a schedule and locations for all statewide assessments.
Recordkeeping for Homeschoolers
You're not required to keep records of your child's educational progress if you homeschool them in Utah. You do have to submit an affidavit to get your child withdrawn from public education, but you should only have to complete this form once. Once you send it to the school board, the board must send you back an attendance exemption certification within 30 days.
Apart from the initial affidavit, you can keep as many or as few records as you like. Keep in mind, however, that the state of Utah does not confer a High School Diploma on students who graduate from homeschool programs. Homeschooling is considered private education, so parents are responsible for providing documentation kids might need to apply for colleges or jobs. Kids who finish high school at home do have the option to take the General Educational Development (GED) test, which is the equivalent of a High School Diploma in Utah.
If school officials or representatives from the school board ever ask you for proof of instruction or documentation concerning your child's education, you don't have to provide it if you are homeschooling them. You are completely in charge of instructional materials used, which educational objectives you want your child to reach, and creating any completion certificates for them.
Defending Utah's Homeschool Families
As homeschooling becomes more common in Utah, there will be various obstacles to overcome, including conforming to legal requirements, addressing socialization concerns, and obtaining educational materials. It's important for homeschooling families to be proactive. Both parents and policymakers must work together to protect their rights and ensure that their children have access to high-quality educational opportunities.
At the Lento Law Firm, our Education Law Team is available to assist with any questions you may have about your homeschooling rights and to represent you in any disputes with governing bodies. We are dedicated to providing you with the necessary support to defend your choice of education. Our attorneys are prepared to help you navigate compulsory education laws, adapt to changes in regulations affecting homeschoolers, and handle challenges from local officials. We have a thorough understanding of Utah's homeschooling laws and regulations, and we're committed to protecting your interests and advocating on your behalf.Get in touch with us today to discover how we can assist you in upholding your homeschooling rights. Contact us at 888-535-3686 or by filling out our online contact form.
