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If you live in the State of Alabama, here is what you need to know about what the laws of this state say about home school and more. But don't take my word for it, see for yourself at this website containing the The Code of Alabama. You may be surprised! If you live in another state, and you homeschool or are thinking about it, I highly suggest that you take a look at your states law specific to home schooling.

Section 16-1-11
Private schools to register and report; section not applicable to church schools.
All private schools or institutions of any kind having a school in connection therewith, except church schools as defined in Section 16-28-1, shall register annually on or before October 10 with the Department of Education and shall report on uniform blanks furnished by the State Superintendent of Education, giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property and the general condition of the school.
(School Code 1927, �599; Code 1940, T. 52, �547; Acts 1982, No. 82-218, p. 260, �2.)


Section 16-28-1
School Attendance
Definitions.
For purposes of this article, the following words, terms and phrases shall have the following respective meanings, unless clearly indicated otherwise:
(1) Private school.

Includes only such schools as hold a certificate issued by the State Superintendent of Education, showing that such school conforms to the following requirements:
a. The instruction in such schools shall be by persons holding certificates issued by the State Superintendent of Education;
b. Instruction shall be offered in the several branches of study required to be taught in the public schools of this state;
c. The English language shall be used in giving instruction;
d. A register of attendance shall be kept which clearly indicates every absence of each child from such school for a half day or more during each school day of the school year.

(2) Church school.

Includes only such schools as offer instruction in grades K-12, or any combination thereof including the kindergarten, elementary, or secondary level and are 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.

(School Code 1927, �302; Code 1940, T. 52, �299; Acts 1982, No. 82-218, p. 260, �1.)

Section 16-28-2
Purposes of article.
The purposes of this article are to secure the prompt and regular attendance of pupils and to secure their proper conduct, and to hold the parent, guardian or other person in charge or control of a child responsible and liable for such child's nonattendance and improper conduct as a pupil, and to effect these purposes the chapter shall be liberally construed and the courts and those charged with the enforcement of its provisions are vested with a wide discretion in its administration.
(School Code 1927, �321; Code 1940, T. 52, �317.)

Section 16-28-3
Ages of children required to attend school; church school students exempt from operation of this section.
Every child between the ages of seven and 16 years shall be required to attend a public school, private school, church school, or be instructed by a competent private tutor for the entire length of the school term in every scholastic year except that every child attending a church school as defined in Section 16-28-1 is exempt from the requirements of this section, provided such child complies with enrollment and reporting procedure specified in Section 16-28-7. Admission to public school shall be on an individual basis on the application of the parents, legal custodian or guardian of the child to the local board of education at the beginning of each school year, under such rules and regulations as the board may prescribe.
(School Code 1927, �301; Code 1940, T. 52, �297; Acts 1956, 2nd Ex. Sess., No. 117, p. 446, �3; Acts 1982, No. 82-218, p. 260, �4.)

Section 16-28-7
Report of enrollment.

At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the State Superintendent of Education to the county superintendent of education, in the event the school is operated in territory under the control and supervision of the county board of education, or to the city superintendent of schools, in the event the school is operated in territory under the control and supervision of a city board of education, the names and addresses of all children between the ages of seven and 16 years who have enrolled in such schools; and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and addresses of all children between the ages of seven and 16 years who enroll in said school or who, having enrolled, were absent without being excused, or whose absence was not satisfactorily explained by the parent, guardian, or other person having control of the child. The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent, guardian or other person in charge or control of the child on a form provided by the superintendent or his agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent. Should said child cease attendance at a church school, the parent, guardian, or other person in charge or control of the child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his agent that said child no longer is in attendance at a church school.
(School Code 1927, �309; Code 1940, T. 52, �306; Acts 1982, No. 82-218, p. 260, �5.)

Section 16-28-8
Reports required must be furnished.
All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of Education and by the county superintendent of education or by the board of education of any city with reference to the workings of this article. The principal teacher of each public school, private school, church school and each private tutor shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year.

(School Code 1927, �310; Code 1940, T. 52, �307; Acts 1982, No. 82-218, p. 260, �6.)

Section 16-28-15
Absence must be explained.

Every parent, guardian, or other person having control or charge of any child required to attend public school, private school, or church school, shall as soon as practical explain the cause of any absence of the child under his control or charge which was without permission of the teacher, and a failure to furnish such explanation shall be admissible as evidence of such child being a truant with the consent and connivance of the person in control or charge of said child, unless such person can show to the reasonable satisfaction of the court that he had no knowledge of such absence and that he has been diligent in his efforts to secure the attendance of such child.

(School Code 1927, �308; Code 1940, T. 52, �305; Acts 1982, No. 82-218, p. 260, �7.)

Section 16-28-23
Attendance register and rules and regulations as evidence.

The registry of attendance of pupils kept by any public school, private school, church school or private tutor in compliance with the provisions of law or any rule and regulation promulgated by the State Board of Education shall be admissible as evidence of the existence or nonexistence of the facts it is required to show. A copy of any rule and regulation of the State Board of Education duly certified as true and correct by the State Superintendent of Education shall be admissible as evidence of the provisions of such rule and regulation, and the statement in the certificate of the State Superintendent of Education of the date of the promulgation shall be admissible as evidence that such rule or regulation was duly promulgated on the day and date named.
(School Code 1927, �325; Code 1940, T. 52, �321; Acts 1982, No. 82-218, p. 260, �8.)

Section 16-30-2
Responsibilities of parents.
It shall be the responsibility of the parents or guardians of children to have their children immunized or tested as required by Section 16-30-1.
(Acts 1973, No. 1269, p. 2113, �2.)

Section 16-30-3
Exceptions to chapter.
The provisions of this chapter shall not apply if:

(1) In the absence of an epidemic or immediate threat thereof, the parent or guardian of the child shall object thereto in writing on grounds that such immunization or testing conflicts with his religious tenets and practices; or

(2) Certification by a competent medical authority providing individual exemption from the required immunization or testing is presented the admissions officer of the school.

(Acts 1973, No. 1269, p. 2113, �3.)

Section 16-35-5
Studies required to be taught in elementary school.
In every elementary school in the state there shall be taught reading, spelling and writing, arithmetic, oral and written English, geography, history of the United States and Alabama, elementary science, health education, physical education and such other studies as may be prescribed by the State Board of Education.

(School Code 1927, �431; Code 1940, T. 52, �408.)

 

 

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