Highlights of the Colorado Law

• Compulsory school attendance in Colorado is from ages 7 to 16.
• "It is the primary right and obligation of the parent to choose the proper education and training for children under their care and supervision."
• Regulation is sufficiently flexible to allow a variety of circumstances
• At least 172 days AVERAGING 4 hours are required per YEAR.
• Required subject matter is:  reading, writing, speaking, math, history, civics, literature, science, and the US Constitution.
• Notice of intent to homeschool must be certified by parents to local school district 14 days prior to beginning and each year the program is maintained.
• Notice of intent must contain ONLY the name, age, place of residence, and number of attendance hours expected for each child enrolled in the program.
• Evaluation or standardized test in third, fifth, seventh, ninth, and eleventh grades to show academic progress.  Evaluation or test results must be filed with school district or a Colorado independent or parochial school.
• Standardized test score, if used, must be at least the 14th percentile.
• The evaluation options allows a "qualified" person to determine if the child is making academic progress "in accordance with their ability."  A qualified person is a Colorado certified teacher, a licensed psychologist, a teacher employed by a Colorado private school, or a person with a graduate degree in education.
• Permanent records kept by homeschoolers ONLY require the test or evaluation results, attendance record, and immunization records.
• Home school students may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school in the student's district.  The district may charge up to 150% of the standard fees for the activity.

Colorado Law FAQ

1. What about the "Notice of Intent" form?

   • The law only requires four pieces of information on this form:
     1. Names of children
     2. Ages of children
     3. Place of residence
     4. Number of days of planned attendance
   • The form is to be sent to your local school district administration office 14 days prior to the start of your program, and each year thereafter.
     • Your program may begin at any time during the year.
     • Your hours/days of attendance may be spread across a 12 month period
     • If you have already begun, and just moved into the state, or found out about the requirement, go ahead and send in your notice of intent.
     • If you are removing your child from the public school part way through the year, just submit your form.  Your school "year" could include a two week vacation at any time you would like.
     • You do not have to use a form sent to you by your district; especially if it requests information not required by the law.
     • The notice of intent must be filed by your child's 7^th birthday to be in compliance with the compulsory attendance law.  The law only requires school attendance until the 16^th birthday.  You may file a notice of intent before the 7^th and after the 16^th birthday if you choose.
     • The notice of intent is your notice to the school that you are responsible for your children's education.

2. Who can home school?

   • The law states that the parent (or guardian) or an adult relative designated by the parent may homeschool their children.
   • Colorado law does not require a teaching certificate, college degree, or even high-school diploma to home school.
   • It would not be in compliance with the Colorado law to teach children other than your own full time.  If you wish to do so, you should establish a Colorado independent school.  If you do this, any children you are teaching would be private school students, not home schooners, so no notice of intent would be necessary.
   • Colorado certified teachers may teach their children at home without having to comply with the home school statute.
   • If you hire a full-time tutor who is a Colorado certified teacher, you are also exempt from the statute.
   • Supplementary classes may be taught by anyone, at any location.  These classes MAY be counted towards the 688 required hours.

3. What if my child attends classes at a teaching co-op, my church, or support group?

   • The legislative intent of the home school statute is to be flexible and provide opportunity to make use of community resources.  However, if a substantial portion of you child's instruction is coming from someone else, you need to evaluate your situation.  There is no fixed guideline, but some legal analysts feel that if your child receives more than half of their school work outside the home, then you may not be in compliance with the home school law.

4. What about subjects?  Is there a required curriculum?

   • The law requires reading, writing, speaking, math, civics, history, literature, science and the Constitution of the Unites States.  Naturally, you may teach more than that if you desire.  The specific content of those subjects is not regulated.
   • There is no required curriculum.  In fact, the only mention of curriculum is for home school students who have been habitually truant in the prior six months.  Parents of these students must submit a written description of their curriculum to the school district.  This description does not have to go into specific detail.  
   • For guidance on what material to include, you may consult the "scope and sequence" material published by the various text book publishers, consult the Colorado standards for public schools, examine library or public school material for different "grade" levels, etc.. You should keep your child's interests and ability foremost in your decisions.

5. How do I count school attendance?

   • Any time spent on educational activities can be counted towards attendance.  This would include housework in addition to homework!  Most of what you and your child do during the day is educational.  
   • The records you keep can be as simple as a check mark on a calendar to indicate the days you "did school", or as complex as a detailed lesson plan and attendance book.  These records should be what YOU need to keep on track, since no one will probably ever see them but you.
   • For high school level students, a "credit" typically consists of 120 hours working on a subject.  Here you should also remember that learning is more than just book work...

6. What am I required to keep in my records?

   • The law requires you to keep the test or evaluation results, attendance, and immunization records.  The only records that need to be kept outside your home are the test/evaluation results.  You may keep more if you like.  It may help to retain samples of your child's work, tests, etc..  In particular, for high-school students, you may need to build a portfolio of work that demonstrates your student's ability.  You are not required to provide any of your records, except th test/evaluation results to any one without probable cause, and 14 days notice.
   • Anything you, the parent in charge and in control of your non-public home-based education program consider to be an educational experience may be counted towards the 688 hour/172 day requirement.
   • Naturaly, there are many things you may want to keep for your benefit, or for later college application.  These are not required, however.

7. What are the requirements for testing?

   • Any nationally standardized achievement test may be used when a child reaches grades 3, 5, 7, 9, and 11.  The test choice is up to the parent.
   • The test may be given at any time during the year.
   • The test may be administered by the parent, a teacher, a private school, a correspondence school, or a public school, depending on the test requirements, and the parents' choice.
   • If the child scores above the 13^th percentile on the composite score, no action is taken by the school district
   • If the child scores below the 14^th percentile, then he is placed into a public or private school until the next testing period.  However, there is an option to retest with the same or a different test first.
   • The evaluation option may be used instead of a test.

8. How would a school district know my child's test score?

   • If you file your test results with the school district, then they know the score.
   • You may choose to have the results filed with a Colorado independent or parochial school.  These schools are required to notify the school district if the score falls below the minimum.  
   • If you file with a non-public school, you must provide the name of the school to the public school district, either on the notice of intent, or separately later in the year.

9. Do I have to have my child tested?

   • No.  You may have your child evaluated by a "qualified person".  
   • A "qualified person" has either a Colorado teaching certificate, a graduate degree in education, is a licensed psychologist, or is a teacher in an independent or parochial school.
   • The evaluation method is up to the professional, and is to verify that the student is making academic progress in accordance with their ability.
   • The evaluation results must be filed with the school district, or a non-public school as with test results.
10. Can I declare or incorporate our school as a private school and keep our own records?
    • Most legal analysts believe that a private school must include students other than your own children.  Because of our homeschool law, it is not likely that a court would rule in favor of such a situation.
    • The current law allows for the test/evaluation results to be filed outside your home for reasons of accountability.  If you keep them at home, you may increase the likelihood of investigation.

11. What about taking classes at the public school?

    • Home schooled students may participate in public school classes and activities.
    • Part-time enrolled students entitle the public school to receive funding.
    • Each school and/or district may make their own rules for part-time students.

12. What about getting help for my learning disabled child through the local school district?

    • Any special education program in the public school that receives federal dollars is open to non-public school students.
    • Parents must know their rights in this area.  Check your public library, or contact the Colorado Department of Education Special Education Department.
13. What other legal options do I have to teach my children at home?
    • Colorado case law has established the legality of being enrolled in a school but attending "remotely."  The idea is that a school is responsible for the content of the education, but allows the student to be taught at home by their parent(s).  In this case, the student is enrolled in the school, and would not be considered a home school student in Colorado.  The enrolling school must be in Colorado.  This arrangement is usually called an "umbrella school."
    • A student taught primarily by a tutor who is a Colorado certified teacher is exempt from the compulsory attendance law.
    • Colorado certified teachers may teach their children at home, and are exempt from the compulsory attendance law.

14. Concerned Parents of Colorado

Much of the information in this section was provided by Concerned Parents of Colorado.

The Evaluation Option

Colorado Revised Statute 22-33-104.5 provides for the establishment of non-public home-based education in Colorado. As amended by 94-004, each child participating in such a program must be evaluated when the parent(s) in charge of the program determine that they have completed third, fifth, seventh, ninth, or eleventh grades. The evaluation may be a nationally standardized achievement test, or a qualified person may provide an evaluation of academic progress. A "qualified person" is defined one of the following (C.R.S. 22-33-104.4 (2)(c)):

• A Colorado Certified teacher
• A Teacher employed by an independent or parochial school (no certification
• required)
• A Licensed psychologist
• A person with a graduate degree in education.

There is no standard form or procedure for performing a student evaluation. The law assumes that the qualified person is capable of evaluating a student on the basis of their qualification. As a result, the evaluator and parent(s) are free to establish a method of evaluation which is appropriate for each child. Some examples of evaluation strategies include, but are not limited to, a written or oral test, or examination of a portfolio of work. The evaluator is not required to reveal the methods used in evaluation. Attached are two sample reports, one with evaluation methodology included, the other without it. Fees for evaluation should be determined by each evaluator. Evaluation results must be sent to either the student's public school district of residence or to an independent or parochial school in Colorado. If an independent or parochial school receives the results, the parent(s) must provide the name of the school to the district of residence. Both evaluator and parent(s) should retain a copy of the evaluation report.