Colorado Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library and the links at the bottom of this page.
Compulsory attendance - Between 7 and 16 years of age.
What ages does the homeschool law apply to?
NEW - Effective July 2008: Colorado's Home School Statute applies to all children between the ages of 6-16. If your child will turn 6 years old by August 1, you must file A Notice of Intent (NOI) to Homeschool. HOWEVER, you do not need to actually begin homeschooling until age 7.
Every year thereafter, from ages 7-16 you must file a new NOI annually, 14 days before you begin your homeschool program.
Compulsory school age ends at age 16 in Colorado. If your child will turn 16 more than 14 days before your homeschool year starts, an NOI is no longer required.
From Colorado Homeschool Law in a Nutshell.
22-33-104. Compulsory school attendance.
(1) Every child who has attained the age of seven years and
is under the age of sixteen years, except as provided by this
section, shall attend public school for at least one thousand
fifty-six hours if a secondary school pupil or nine hundred sixty-eight
hours if an elementary school pupil during each school year;
except that in no case shall a school or schools be in session
for fewer than one hundred sixty days without the specific prior
approval of the commissioner of education.
(2) The provisions of subsection (1) of this section shall
not apply to a child:
(b) Who is enrolled for a minimum of one hundred seventy-two
days in an independent or parochial school which provides a basic
academic education. "Basic academic education" for
the purpose of this article means the sequential program of instruction
provided by an independent or parochial school. Such program
shall include but not be limited to, communication skills of
reading, writing, and speaking, mathematics, history, civics,
literature, and science.
(i) Who is being instructed at home:
(I) By a teacher certified pursuant to article 60 or 61 of
this title; or
(II) Under a non-public home-based educational program pursuant
to section 22-33-104.5.
22-33-104.5. Home-based education - legislative declaration
- definitions - guidelines.
(1) The general assembly hereby declares that it is the primary
right and obligation of the parent to choose the proper education
and training for children under his care and supervision. It
is recognized that home-based education is a legitimate alternative
to classroom attendance for the instruction of children and that
any regulation of non-public home-based educational programs
should be sufficiently flexible to accommodate a variety of circumstances.
The general assembly further declares that non-public home-based
educational programs shall be subject only to minimum state controls
which are currently applicable to other forms of non-public education.
(2) As used in this section:
(a) "Non-public home-based educational program"
means the sequential program of instruction for the education
of a child which takes place in a home, which is provided by
the child's parent or by an adult relative of the child designated
by the parent, and which is not under the supervision and control
of a school district. This educational program is not intended
to be and does not qualify as a private and nonprofit school.
(b) "Parent" includes a parent or guardian.
(c) "Qualified Person" means an individual
who is selected by the parent of a child who is participating
in a non-public home-based educational program to evaluate such
child's progress and who is a teacher certified pursuant to article
60 of this title, a teacher who is employed by an independent
or parochial school, a licensed psychologist, or a person with
a graduate degree in education.
(3) The following guidelines shall apply to a non-public home-based
educational program:
(a) A parent or an adult relative designated by a parent to
provide instruction in a non-public home-based educational program
shall not be subject to the requirements of the "Teacher
Certification Act of 1975", article 60 of this title, nor
to the provisions of article 61 of this title relating to teacher
employment.
(b) A child who is participating in a non-public home-based
educational program shall not be subject to compulsory school
attendance as provided in this article; except that any child
who is habitually truant, as defined in section 22-33-107 (3),
at any time during the last six months that the child attended
school before proposed enrollment in a non-public home-based
educational program may not be enrolled in the program unless
the child's parents first submit a written description of the
curricula to be used in the program along with the written notification
of establishment of the program required in paragraph (e) of
subsection (2) of this section to the superintendent of the child's
school district of residence.
(c) A non-public home-based educational program shall include
no less than one hundred seventy-two days of instruction,
averaging four instructional contact hours per day. [A2Z Record Keeping Resources]
(d) A non-public home-based educational program shall include,
but need not be limited to, communication skills of reading,
writing, and speaking, mathematics,
history, civics,
literature, science,
and regular courses of instruction in the constitution
of the United States as provided in section 22-1-108.
(e) Any parent establishing a non-public home-based educational
program shall provide written
notification of the establishment of said program to the
local school district of residence fourteen days prior to the
establishment of said program and each year thereafter if the
program is maintained. The parent in charge and in control of
a non-public home-based educational program shall certify, in
writing, only a statement containing the name, age, place
of residence and number of hours of attendance of each child
enrolled in said program.
(f) Each child participating in a non-public home-based educational
program shall be evaluated when such child reaches grades
three, five, seven, nine, and eleven. Each child shall
be given a nationally standardized
achievement test to evaluate the child's academic progress,
or a qualified person shall evaluate the child's academic
progress. The test or evaluation results, whichever is appropriate,
shall be submitted to the local school district of residence
or an independent or parochial school within the state of Colorado.
If the test or evaluation results are submitted to an independent
or parochial school, the name of such school shall be provided
to the local school district of residence. The purpose of such
tests or evaluations shall be to evaluate the educational progress
of each child. [Portfolios]
(g) The records of each
child participating in a non-public home-based educational program
shall be maintained on a permanent basis by the parent in charge
and in control of said program. The records shall include,
but need not be limited to, attendance data, test and evaluation
results, and immunization records, as required by sections
25-4-901, 25-4-902, and 25-4-903, C.R.S. Such records shall be
produced to the local school district of residence upon fourteen
days written notice if the superintendent of said school district
has probable cause to believe that said program is not in compliance
with the guidelines established in this subsection (3). [A2Z Record Keeping Resources]
(4) Any child who has participated in a non-public home-based
educational program and who subsequently enrolls in the public
school system may be tested by the school district for the purpose
of placing the child in the proper grade and shall then be placed
at the grade level deemed most appropriate by the local school
district of residence.
(5) (a) (I) If test results submitted to the local school
district of residence pursuant to the provisions of paragraph
(f) of subsection (3) of this section show that a child participating
in a non-public home-based educational program received a composite
score on said test which was above the thirteenth percentile,
such child shall continue to be exempt from the compulsory school
attendance requirement of this article. If the child's composite
score on said test is at or below the thirteenth percentile,
the local school district of residence shall require the parents
to place said child in a public or independent or parochial school
until the next testing period: except that no action shall be
taken until the child is given the opportunity to be retested
using an alternate version of the same test or a different nationally
standardized achievement test selected by the parent from a list
of approved tests supplied by the state board.
(II) If evaluation results submitted to the local school district
of residence pursuant to the provisions of paragraph (f) of subsection
(3) of this section show that the child is making sufficient
academic progress according to the child's ability, the child
will continue to be exempt from the compulsory school attendance
requirement of this article. If the evaluation results show that
the child is not making sufficient academic progress, the local
school district of residence shall require the child's parents
to place the child in a public or independent or parochial school
until the next testing period.
(b) If the child's test or evaluation results are submitted
to an independent or parochial school, said school shall notify
the local school district of residence if the composite score
on said test was at or below the thirteenth percentile or if
the evaluation results show that the child is not making sufficient
academic progress. The local school district of residence shall
then require the parents to proceed in the manner specified in
paragraph (a) of this subsection (5).
(6) (a) If a child is participating in a non-public home-based
educational program but also attending his local school district
of residence for a portion of the school day, the local school
district of residence shall be entitled to count such child in
accordance with the provisions of section 22-54-103 (10) for
purposes of determining pupil enrollment under the "Public
School Finance Act of 1994", article 54 of this title.
(b) For purposes of this subsection (6), a child who is participating
in a non-public home-based educational program may participate
on an equal basis in any extracurricular or interscholastic activity
offered by a public school in the child's public school district
of residence or offered by a private school, at the private school's
discretion, as provided in section 22-32-116.5.
(c) No child participating in an extracurricular or interscholastic
activity pursuant to paragraph (b) of this subsection (6) shall
be considered attending the public school district where the
child participates in such activity for purposes of determining
pupil enrollment under paragraph (a) of this subsection (6).
(d) As used in this subsection (6), "extracurricular
or interscholastic activities" shall have the same meaning
as "activity" as set forth in section 22-32-116.5 (10).
(e) If any fee is collected pursuant to this subsection (6)
for participation in an activity, the fee shall be used to fund
the particular activity for which it is charged and shall not
be expended for any other purpose.
22-32-116.5. Extracurricular and interscholastic activities.
(1) (a) Notwithstanding any other provision of this article,
each school district and each public school, subject to the requirements
of this section, shall allow any student enrolled in a school
or participating in a nonpublic home-based educational program
to participate on an equal basis in any activity offered by the
school district or the public school that is not offered at the
student's school of attendance or through the student's nonpublic
home-based educational program. A school district or school shall
not adopt or agree to be bound by any rule or policy of any organization
or association that would prohibit any participation allowed
by this section. Each nonpublic school may allow a student to
participate in a particular activity offered by the nonpublic
school, at the nonpublic school's discretion.
(4) (b) To participate in an activity at a school of participation,
a student shall:
(I) If the student is participating in a nonpublic home-based
educational program, comply with all laws governing said programs;
(II) Comply with all eligibility requirements imposed by the
school of participation;
(III) Comply with the same responsibilities and standards
of behavior, including related classroom and practice requirements,
as are imposed on other students participating in the activity
at the school of participation.
(6) (a) A school may charge any student participating in an
activity a participation fee as a prerequisite to participation.
The fee amount that a school of participation charges a nonenrolled
student shall not exceed one hundred fifty percent of the fee
amount the school of participation would charge an enrolled student
to participate in the activity.
(Please read the entire C.R.S. 22-32-116.5 if you want your
child to participate in the previously described programs.)
Alternative Statutes Allowing for Home Schools:
Home Schools have two additional options:
1. Home School children can enroll
in a Colorado independent school but teach at home. The case,
People in Interest of D. B., 767 P2d 8Q1 (Colo. App. 1988), held
that, according to Colo. Rev Stat. 22-23-104(2)(b), children
"enrolled in" an independent or parochial school that
provides a basic academic education can be allowed by that school
to be taught at home.
The Court of Appeals stated: "Since the district has
not challenged the adequacy of the education provided by the
academy, the matter of the sufficiency of the children's attendance
is between them (the home schoolers) and the independent school
in which they are enrolled" 767 P.2d at 802. In other words,
once home school children are enrolled in a Colorado independent
school, they are exempt from the compulsory attendance law and
the home school law, and can still teach their children at home.
Colorado independent schools are not regulated and may be comprised
of several families.
2. Or, if a home schooling parent or anyone else is certified
in Colorado to teach, the home school in which they are providing
instruction is exempt from all other requirements, including
testing. 22-33-104(2)(i).
Other Sources
Home
Schooling in Colorado
From the Colorado Department of Education. Included in the section:
A copy of the law associated with homeschooling, some frequently
asked questions about Colorado home schooling and their answers,
and a listing of some home school support groups around the state.
Return to Colorado homeschooling
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