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Highlights of the Colorado
Law
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Compulsory school attendance in Colorado is from ages 7 to
16.
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"It is the primary right and obligation of the parent to
choose the proper education and training for children under their care and
supervision."
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Regulation is sufficiently flexible to allow a variety of
circumstances
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At least 172 days AVERAGING 4 hours are required per
YEAR.
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Required subject matter is: reading, writing, speaking,
math, history, civics, literature, science, and the US
Constitution.
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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.
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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.
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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.
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Standardized test score, if used, must be at least the 14th
percentile.
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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.
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Permanent records kept by homeschoolers ONLY require the
test or evaluation results, attendance record, and immunization
records.
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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.
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Colorado Law FAQ
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What about the "Notice of Intent" form?
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The law only requires four pieces of information on this form:
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Names of children
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Ages of children
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Place of residence
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Number of days of planned attendance
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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.
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Your program may begin at any time during the year.
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Your hours/days of attendance may be spread across a 12 month period
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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.
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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.
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You do not have to use a form sent to you by your district; especially
if it requests information not required by the law.
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The notice of intent must be filed by your child's 7th birthday
to be in compliance with the compulsory attendance law. The law only
requires school attendance until the 16th birthday. You
may file a notice of intent before the 7th and after the 16th
birthday if you choose.
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The notice of intent is your notice to the school that you
are responsible for your children's education.
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Who can home school?
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The law states that the parent (or guardian) or an adult relative designated
by the parent may homeschool their children.
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Colorado law does not require a teaching certificate, college degree,
or even high-school diploma to home school.
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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.
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Colorado certified teachers may teach their children at home without having
to comply with the home school statute.
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If you hire a full-time tutor who is a Colorado certified teacher, you
are also exempt from the statute.
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Supplementary classes may be taught by anyone, at any location. These
classes MAY be counted towards the 688 required hours.
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What if my child attends classes at a teaching co-op, my
church, or support group?
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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.
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What about subjects? Is there a required
curriculum?
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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.
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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.
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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.
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How do I count school attendance?
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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.
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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.
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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...
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What am I required to keep in my records?
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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.
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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.
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Naturaly, there are many things you may want to keep for your benefit,
or for later college application. These are not required, however.
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What are the requirements for testing?
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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.
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The test may be given at any time during the year.
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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.
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If the child scores above the 13th percentile on the composite
score, no action is taken by the school district
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If the child scores below the 14th 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.
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The evaluation option may be used instead of a test.
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How would a school district know my child's test
score?
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If you file your test results with the school district, then they know
the score.
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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.
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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.
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Do I have to have my child tested?
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No. You may have your child evaluated by a "qualified person".
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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.
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The evaluation method is up to the professional, and is to verify that
the student is making academic progress in accordance with their ability.
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The evaluation results must be filed with the school district, or a non-public
school as with test results.
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Can I declare or incorporate our school as a private
school and keep our own records?
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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.
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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.
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What about taking classes at the public school?
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Home schooled students may participate in public school classes and
activities.
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Part-time enrolled students entitle the public school to receive
funding.
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Each school and/or district may make their own rules for part-time
students.
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What about getting help for my learning disabled child through
the local school district?
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Any special education program in the public school that receives federal
dollars is open to non-public school students.
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Parents must know their rights in this area. Check your public library,
or contact the Colorado Department of Education Special Education
Department.
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What other legal options do I have to teach my children
at home?
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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."
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A student taught primarily by a tutor who is a Colorado certified teacher
is exempt from the compulsory attendance law.
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Colorado certified teachers may teach their children at home, and are
exempt from the compulsory attendance law.
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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)):
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A Colorado Certified teacher
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A Teacher employed by an independent or parochial school (no
certification
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required)
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A Licensed psychologist
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A person with a graduate degree in education.
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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.
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