6-15-503. Prerequisites to home schooling.

6-15-503. Prerequisites to home schooling. (a)(1) Parents or legal guardians desiring to provide a home school for their children shall give written notice to the superintendent of their local school district of their intent to provide a home school for their children and agree that the parent or legal guardian is responsible for the education of his or her children during the time the parent or legal guardian provides a home school for the children: (A) At the beginning of each school year but no later than August 15; or (B)(i) Subject to the provisions of subsection (d) of this section, fourteen (14) calendar days before withdrawing the children from the local school district and at the beginning of each school year thereafter. (ii) The superintendent or the local school district board of directors may waive the fourteen-day waiting period. (2) Within thirty (30) calendar days of establishing residency within the school district, parents or legal guardians moving into the school district during the school year shall give written notice to the superintendent of their local school district of their intent to provide a home school for their children and agree that the parent or legal guardian is responsible for the education of his or her children during the time the parent or legal guardian provides a home school for the children. (3) The notice shall include: (A) The name, sex, date of birth, grade level, and name and address of the school last attended, if any, of each student involved; (B) The mailing address and telephone number of the home school; (C) The name of the parent or legal guardian providing the home school; (D)(i) A statement of plans to participate during the school year in public school interscholastic activities under § 6-15-509. (ii) A failure to provide the information under subdivision (a)(3)(D)(i) of this section does not preclude the student from participating in public school interscholastic activities under § 6-15-509; (E) A statement of plans to seek a high school equivalency diploma during the current school year; (F)(i) A statement of plans to seek a driver's license during the current school year. (ii) If a parent or legal guardian includes the information under subdivision (a)(3)(F)(i) of this section, the notice shall include a notarized signature of the parent or legal guardian; and (G) A signature of the parent or legal guardian. (4) A written notice under this subsection may be given: (A) Electronically, including without limitation by email; (B) By mail; or (C) In person. (b) The information provided to the superintendent of the student's local school district under subsection (a) of this section: (1) Is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; and (2) May be used only for statistical and recordkeeping purposes as required by law. (c) Each local school district shall report the statistical data required by this section to the Division of Elementary and Secondary Education each year. (d)(1) No public school student shall be eligible for enrollment in a home school if the student is currently under disciplinary action for violation of any written school policy, including, but not limited to, excessive unexcused absences. (2) Public school students who are under disciplinary action by the local school district shall be eligible for enrollment in a home school if: (A) The superintendent or local school district board of directors chooses to allow the child to enroll in a home school; (B) The disciplinary action against the student has been completed or the school semester has ended, whichever occurs first; or (C) The student has been expelled. (e) The division and the student's local school district shall not create additional criteria or require additional information for a student to attend a home school beyond that provided in this section.