Note: Alabama does not recognize
homeschooling as a separate legal option. Homeschoolers in Alabama must educate their
children according to the provisions set forth in this legislation and therefore, most
find church-sponsored schools based in Alabama which will oversee their homeschooling
programs.
The entire Code of Alabama can be found here: http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
Department of Education
Revised 9/1/82
CERTAIN LAWS AND STATE BOARD RESOLUTIONS THAT PERTAIN TO PRIVATE SCHOOLS IN ALABAMA (Excerpts from Code of Alabama 1975 to 1982).
16-1-11. Private
schools to register and report. All private schools or institutions of any kind having a
school in connection therewith, except church schools as defined in Section 16-28-l, shall
register annually on or before October 10 with the department of education and shall
report on uniform blanks furnished by the state superintendent of education, giving such
statistics as relate to the number of pupils, the number of instructors, enrollment,
attendance, course of study, length of term, cost of tuition, funds, value of property and
the general condition of the school.
(School Code 1927, §599; Code 1940, T. 52, §547; Acts 1982, No. 82-218, p. 260, §2.)
16-28-1. Private
School. (A) The term "private school" as used in this chapter, shall mean and
only include such schools as hold a certificate issued by the state superintendent of
education, showing that such school conforms to the following requirements:
(B) The term church school, as used in this chapter,
shall mean and only include such schools as offer instruction in grades K-I 2, or any
combination thereof including the kindergarten, elementary, or secondary level and are
operated as a ministry of a local church, group of churches, denomination, and/or
association of churches of a nonprofit basis which do not receive any state or federal
funding.
(School Code 1927, §302; Code 1940, T. 52, §299; Acts 1982, No. 82-218, p. 260, §1.)
Section 16-28-2.1
Adoption of standards for mandatory attendance policy; parents held accountable;
enforcement. The Legislature finds that mandatory attendance policies for schools differ
from school system to school system throughout the State of Alabama. The State Board of
Education shall adopt standards for a mandatory and enforceable attendance policy for all
students in public schools in the State of Alabama. Parents shall be held accountable in
accordance with Sections 16-28-12 and 16-28-7, for the failure of the child who is of
compulsory attendance age to attend either public, private or church-school. Enforcement
of this section shall lie with the local board of education and the juvenile court system.
(Acts 1991, No. 91-323, p. 602, §15.)
16-28-3. Ages of
children required to attend school. Every child between the ages of seven and 16 years
shall be required to attend public school, private school, church school, or be instructed
by a competent private tutor for the entire length of the school term in every scholastic
year except that every child attending a church school as defined in 16-28-1 is exempt
from the requirements of this section, provided such child complies with enrollment and
reporting procedure specified in Section 16-28-7, Code of Alabama 1975. Admission to
public school shall be on an individual basis on the application of the parents, legal
custodian or guardian of the child to the local board of education at the beginning of
each school year, under such rules and regulations as the board may prescribe.
(School Code 1927, §301; Code 1940, T. 52, §297; Acts 1956, 2nd Ex. Sess., No. 117, p.
446, §3; Acts 1982, No. 82-218, p. 260, §4.)
16-28-5. Private
Tutor. Instruction by a private tutor means and includes only instruction by a person who
holds a certificate issued by the state superintendent of education and who offers
instruction in the several branches of study required to be taught in the public schools
of this state, for at least three hours a day for 140 days each calendar year, between the
hours of 9:00 a.m. and 4:00 p.m., and who uses the English language in giving instruction.
Such private tutor shall, prior to beginning the instruction of any child, file with the
county superintendent of education, where his place of instruction is in territory under
the control and supervision of the county board of education, or the city superintendent
of schools, where his place of instruction is in territory under the control and
supervision of a city board of education, a statement showing the child or children to be
instructed, the subjects to be taught and the period of time such instruction is proposed
to be given. Such tutor shall keep a register of work, showing daily the hours used for
instruction and the presence or absence of any child being instructed and shall make such
reports as the state board of education may require.
(School Code 1927, §303; Code 1940, T. 52, §300.)
16-28-6. Children
exempt from attending public school.
(a) The following children, when issued certificates of exemption by the county superintendent of education, where they reside in territory under the control and supervision of the county board of education, or the city superintendent of schools, where they reside in territory under the control and supervision of a city board of education, shall not be required to attend school, or to be instructed by a private tutor:
(1) Children whose physical or mental condition is such as a to prevent or render inadvisable attendance at school or application to study. Before issuing such certificate of exemption, the superintendent shall require a certificate from the county health officer in counties which have a health unit, and from a regularly licensed, practicing physician in counties which do not have a health unit, that such a child is physically or mentally incapacitated for school work;
(2) Children 16 years of age and upward or children who have completed the course of study of the public schools of the state through high school as now constituted;
(3) Where because of the distance children reside from school and the lack of public transportation such children would be compelled to walk over two miles to attend a public school;
(4) Where the children are legally and regularly employed under the provisions of the law relating to child labor and hold permits to work granted under the terms of said child labor law.
(b) Nothing in this section shall be construed so as
to deny any right to any child granted under the provisions of sections 16-39-1 through
16-39-12.
(School Code 1927, §304; Code 1940, T. 52, §301; Acts 1947, No. 676, p.
517, § 1; Acts 1971, No. 2484, p. 3965, § 1.)
16-28-7. Report of
enrollment. At the end of the 5th day from the opening of the public school, the principal
teacher of each public school, private school, and each private tutor, but not church
school, shall report on forms prescribed by the state superintendent of education to the
county superintendent of education, in the event the school is operated in territory under
the control and supervision of the county board of education, the names and addresses of
all children between the ages of seven and 16 years who have enrolled in such schools and
thereafter, throughout the compulsory attendance period, the principal teacher of each
school and private tutor shall report at least weekly the names and addresses of all
children between the ages of seven and 16 years who enroll in said school or who, having
enrolled, were absent without being excused, or whose absence was not satisfactorily
explained by the parent, guardian or other person having control of the child. The
enrollment and attendance of a child in a church school shall be filed with the local
public school superintendent by the parent, guardian or other person in charge or control
of the child on a form provided by the superintendent or his agent which shall be
countersigned by the administrator of the church school and returned to the public school
superintendent by the parent.
Should said child cease attendance at a church school,
the parent, guardian, or other person in charge or control of the child shall by prior
consent at the time of enrollment direct the church school to notify the local public
school superintendent or his agent that said child no longer is in attendance at a church
school.
(School Code 1927, §309; Code 1940, T. 52, §306; Acts 1982, No. 82-218, p. 260, §5.)
16-28-8, Reports
required must be furnished. All school officers, including those in private schools, or
private tutors, but not those in church schools, in this state, offering instruction to
pupils within the compulsory attendance ages, shall make and furnish all reports that may
be required by the state superintendent of education and by the county superintendent of
education or by the board of education of any city with reference to the workings of this
chapter. The principal teacher of each public school, private school, church school, and
each private tutor shall keep an attendance register showing the enrollment of the school
and every absence of each enrolled child from school for a half day or more during each
school day of the year.
(School Code 1927, §310; Code 1940, T. 52, §307; Acts 1982, No. 82-218, p. 260, §6.)
16-28-11. Enrollment
report and list of potential students compared. The county superintendent of education or
the city superintendent of schools, as the case may be, shall upon the receipt of the
report from teachers and private tutors showing the enrollment of children between the
ages of seven and 16 years compare and study reports with the list which has been compiled
of the children who should attend each school and ascertain what child or children
required to attend school are not enrolled.
(School Code 1927, §313; Code 1940, T. 52, §310.)
16-28-12. Person in
loco parentis responsible for child's attendance. Each parent, guardian or other person
having control or charge of any child required to attend school or be regularly instructed
by a private tutor who fails to have such child enrolled in school or who fails to send
such child to school or have him instructed by a private tutor during the time such child
is required to attend a public school, private school, or be instructed by a private
tutor, or fails to require such child to regularly attend such school or tutor, or fails
to compel such child to properly conduct himself as a pupil, shall be guilty of a
misdemeanor and, upon conviction, shall be fined not more than $100.00 and may also be
sentenced to hard labor for the county for not more than 90 days. The absence of a child
without the consent of the principal teacher of the school he attends or should attend or
the tutor who instructs or should instruct such child shall be prima facie evidence of the
violation of this section.
(School Code 1927, §305; Code 1940, T. 52, §302; Acts 1993, No. 93-672, p. 1213, §1;
Acts 1994, 1st Ex. Sess., No. 94-782, p. 70, §1.)
16-28-13. Burden of
proof on person in loco parentis. No parent, guardian or other person having control or
charge of any child shall be convicted for failure to have said child enrolled in school
or for failure to send a child to school or for failure to require such child to regularly
attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of
such child can establish to the reasonable satisfaction of the court the following:
16-28-15. Absence
must be explained. Every parent, guardian or other person having control or charge of any
child required to attend public school, private school, or church school, shall as soon as
practical explain the cause of any absence of the child under his control or charge which
was without permission of the teacher, and a failure to furnish such explanation shall be
admissible as evidence of such child being a truant with the consent and connivance of the
person in control or charge of said child, unless such person can show to the reasonable
satisfaction of the court that he head no knowledge of such absence and that he had been
diligent in his efforts to secure the attendance of such child.
(School Code 1927, §308; Code 1940, T. 52, §305; Acts 1982, No. 82-218, p. 260, §7.)
16-28-17. When child
may be taken into custody. It shall be the duty of the attendance officer, probation
officer or other officer authorized to execute writs of arrest to take into custody
without warrant any child required to attend school or be instructed by a private tutor
who is found away from home and not in the custody of the person having charge or control
of such child during school hours and who has been reported by any person authorized to
begin proceedings or prosecutions under the provisions of this chapter as a truant. Such
child shall forthwith be delivered to the person having charge or control of said child or
to the principal teacher of the school or the private tutor from whom said child is a
truant. If such child is a habitual truant, he shall be brought before the juvenile court
for such disposition as the judge of said court finds proper from the facts.
(School Code 1927, §315; Code 1940, T. 52, §312)
16-28-22.
Prosecutions. No prosecution or proceeding under this chapter shall be begun except
by one of the following parties:
16-26-23. Attendance
register and rules and regulations as evidence. The registry of attendance of pupils kept
by any public school, private school, church school, or private tutor in compliance with
the provisions of law or any rule and regulation promulgated by the state board of
education shall be admissible as evidence of the existence or nonexistence of the facts it
is required to show.
A copy of any rule and regulation of the state board
of education, duly certified as true and correct by the state superintendent of education
shall be admissible as evidence of the provisions of such rule and regulations, and the
statement in the certificate of the state superintendent of education of the date of the
promulgation shall be admissible as evidence that such rule or regulation was duly
promulgated on the day and date named.
(School Code 1927, §325; Code 1940, T. 52, §321; Acts 1982, No. 82-218, p. 260, §8.)
16-4-16. The state
superintendent of education shall prepare, or cause to be prepared, and submit for
approval and adoption by the state board of education a uniform series of forms and blanks
for the use of county boards of education, boards of education of cities, school officials
and teachers, and it shall be his duty to see that all financial matters and all
educational records are made according to these forms and blanks. He shall also prepare,
or cause to be prepared, and submit for approval and adoption by the state board of
education forms and blanks to be used in the annual report and the monthly reports of
persons conducting private schools and of private educational associations, corporations
or institutions except church schools as defined in Section 16-28-1.
(School Code 1927, §80; Code 1940, T. 52, §55; Acts 1982, No. 82-218, p. 260, §3.)
16-40-1. Physical
education required. Every public school and private school, except church schools as
defined in 16-28-1, shall carry out a system of physical education, the character of which
shall conform to the program or course outlined by the department of education.
(School Code 1927, §621; Code 1940, T. 52, §555; Acts 1982, No. 82-218, p. 260, §9.)
Section 10.
Notwithstanding entitlement to the exemptions provided church schools under Section
16-28-1, 16-1-11, 16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-23 and 16-40-1 any church
school is defined in Section 16-28-1 (B) shall certify to the local public school
superintendent on forms supplied by the superintendent to the requesting church school
that the exemptions specified herein are waived.