By Carolyn Martin (CHEC Director of Government Relations)

The purpose of this blog is to focus on the Homeschool Law and what is required. If you choose to enroll in an independent school, then you should review your school’s policies to make sure you are compliant with them.

Upholding the Homeschool Law

It’s that time of year again when people start asking about how to begin homeschooling. Questions about the homeschool law abound on social media and within homeschool groups, and a simple internet search on the homeschool law can lead you down a long path of misinformation. Be careful where you get your information! Not all sources give reliable information. I recommend reading the homeschool law (CRS 22-33-104.5) yearly, so you know exactly what it says. CHEC’s website is a trustworthy source for reliable information on the homeschool law.

Let’s take a look at some of the nuances of Colorado’s homeschool law that often cause confusion or lead us to believe the law actually says something it does not.

Notice of Intent (NOI)

What: The law requires a written notice that contains only your child’s name, age, place of residence, and number of hours of attendance (172 days averaging 4 hours/day are required), and in addition, the name of the private school where you are sending any test/evaluation results if you don’t want to send them to the school district. You do not have to fill out the school district’s online form or give them more information than required by law. In fact, we recommend you do not give them more than the law requires because doing so is giving them consent to ask for more than the law states. School district personnel rarely know what the homeschool law actually says – be prepared to educate them!

When: Your homeschool program, according to the law, should begin at least when your child reaches 7 years old and continue until they are 16 years old. It stipulates that you are not required to “provide written notice…until the child is six years of age” but that you do not have to “establish the program until the parent’s child is seven years of age.” This sounds confusing, so most people just recommend submitting an NOI the year your child reaches 6 years old by August 1st. It is a nuance in the law due to changes made in the compulsory education law for public and private school students. There is no specific deadline for submitting the NOI but it must be filed annually. The parent decides when the school year begins and ends. But, if you are withdrawing your child from the public school, it would be wise to send in your NOI at the same time because the law stipulates that you must send the NOI to a school district 14 days before beginning your program.

Who: You are required to notify a school district within Colorado – there are 178 of them in CO – in writing that we will be homeschooling. The law does not dictate which school district (not a school within the district) you have to send it to. Although, if you are participating in a part-time public school program, they can require you to file the notice with their district. 

Records

What: Minimally, you should keep for each child attendance data, immunization records, and test/evaluation results. The law says these records should be kept by the parent on a permanent basis. You will want to keep more detailed records of your child’s academic progress, especially if you are using an evaluator to track progress and if your child is in High School. HSLDA has a good post on what they recommend. 

When/Who: These records should only be given to the school district upon fourteen days’ written notice if the superintendent has probable cause to believe that you are not following the homeschool law. Otherwise, they have no right to your records unless, of course, you have enrolled your child in any publicly-funded classes or programs or your child is participating in a sports program at the public school. Remember, if you enroll your child in a public school program, they now have some jurisdiction over your child. 

Subjects/Standards

What: A “nonpublic home-based educational program” (homeschool program) is required to teach at least the communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States. This list is what the state requires you to teach across the entirety of the program. As homeschoolers, we should aspire to not only teach academic excellence but to teach our children how to learn independently, how to think and evaluate critically, and inspire them to pursue truth. We, the parents, decide how, when, and exactly what to teach our children.

Homeschoolers do not have to adhere to state standards for public schools on the listed subjects. But you should know that any classes or programs funded by the government must adhere to state standards which include ideologies that undermine truth. 

Testing/Evaluations

What/When: When you decide that your child has reached the third, fifth, seventh, ninth, and eleventh grade level, they must either be tested with a nationally standardized test or evaluated by a qualified evaluator (go here for more information). Generally, testing should be done as the child finishes the grade. The state test, which is aligned with the Common Core standards, is not nationally standardized and will not meet this requirement. Also, the PSAT/SAT/ACT tests do not satisfy the testing requirement. Testing or evaluation results must either be sent to the school district or to a private school (independent or umbrella school) who will hold your results on file. Minimally, your child’s composite score must be above the 13th percentile on the nationally standardized test you choose, or the state can intervene.

For more information on the homeschool law, go here. CHEC’s Homeschool Guidebook for Colorado is a helpful resource on the law and much more. It can be purchased here.

Note: This post should not be considered legal advice. We highly recommend becoming a member of HSLDA, where you can receive solid legal advice and guidance.

Help keep our homeschool law from attempts to increase government oversight; join the Colorado Homeschool Freedom Team!

Trusting in the mighty power and grace of Jesus,

Carolyn Martin
CHEC Director of Government Relations 
Carolyn@CHEC.org

About the Author: Carolyn Martin

Carolyn Martin serves as CHEC’s Director of Government Relations, working for you and other liberty-loving families to protect homeschool freedom, parental rights, and religious liberty at the state capitol. Subscribe to the CHEC blog for Carolyn’s regular updates here, learn more about legal issues in Colorado here, and donate to support Homeschool Freedom here. Contact Carolyn directly at carolyn@chec.org.