Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 209 (2025GS)

Sponsor

Rep. Peck, Nicholeen P.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies when a letter of intent to homeschool is required from parents;
• removes the requirement for parents to submit an affidavit for students who begin homeschooling at the start of an academic year;
• removes the requirement for parents to attest to criminal background history;
• establishes procedures for local school boards to process letters of intent;
• removes liability from local school boards after student unenrollment; and
• makes technical changes.

Every vote on this bill

Bill text

6
53G-6-204
53G-6-204
8
Homeschool Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nicholeen P. Peck
Senate Sponsor: Daniel McCay
Cosponsor:
Colin W. Jack
Michael J. Petersen
Cheryl K. Acton
Trevor Lee
Mark A. Strong
Kay J. Christofferson
Nicholeen P. Peck
Raymond P. Ward
LONG TITLE
General Description:
This bill amends provisions related to home school affidavits. 
Highlighted Provisions:
This bill:
clarifies when notification to homeschool is required from parents;
removes the requirement for parents to submit an affidavit for students who begin 
homeschooling at the start of an academic year;
removes the requirement for parents to attest to criminal background history;
establishes procedures for local school boards to process letters of intent;
removes liability from local school boards after student unenrollment; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-6-204
, as last amended by Laws of Utah 2024, Chapters 113, 386
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53G-6-204
 is amended to read:
53G-6-204
. School-age children exempt from school attendance.
(1)
(a)
A local school board or charter school governing board may excuse a school-age 
child from attendance for any of the following reasons:
(i)
a school-age child over 16 years old may receive a partial release from school to 
enter employment, or attend a trade school, if the school-age child has completed 
grade 8; or
(ii)
on an annual basis, a school-age child may receive a full release from attending a 
public, regularly established private, or part-time school or class if:
(A)
the school-age child has already completed the work required for graduation 
from high school;
(B)
the school-age child is in a physical or mental condition, certified by a 
competent physician or physician assistant if required by the local school board 
or charter school governing board, which renders attendance inexpedient and 
impracticable;
(C)
proper influences and adequate opportunities for education are provided in 
connection with the school-age child's employment; or
(D)
the district superintendent or charter school governing board has determined 
that a school-age child over 16 years old is unable to profit from attendance at 
school because of inability or a continuing negative attitude toward school 
regulations and discipline.
(b)
A school-age child receiving a partial release from school under Subsection (1)(a)(i) 
is required to attend:
(i)
school part time as prescribed by the local school board or charter school 
governing board; or
(ii)
a home school part time.
(c)
In each case, evidence of reasons for granting an exemption under Subsection (1) 
must be sufficient to satisfy the local school board or charter school governing board.
(d)
A local school board or charter school governing board that excuses a school-age 
child from attendance as provided by this Subsection (1) shall issue a certificate that 
the child is excused from attendance during the time specified on the certificate.
(2)
(a)
(i)
As used in this Subsection (2)(a), "child abuse" means a criminal felony or 
attempted felony offense of which an individual is convicted, or to which an 
individual pleads guilty or no contest, for conduct that constitutes any of the 
following:
(A)
child abuse under Section 
76-5-109
;
(B)
aggravated child abuse under Section 
76-5-109.2
;
(C)
child abandonment under Section 
76-5-109.3
;
(D)
commission of domestic violence in the presence of a child under Section 
76-5-114
;
(E)
child abuse homicide under Section 
76-5-208
;
(F)
child kidnapping under Section 
76-5-301.1
;
(G)
human trafficking of a child under Section 
76-5-308.5
;
(H)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in 
Title 76, Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years 
old;
(I)
sexual exploitation of a minor under Section 
76-5b-201
;
(J)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
; or
(K)
an offense in another state that, if committed in this state, would constitute an 
offense described in this Subsection (2)(a)(i).
(ii)
Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a 
school-age child from attendance, if the school-age child's parent or legal guardian 
files a signed affidavit with the school-age child's school district of residence, as 
defined in Section 
53G-6-302
, that:
(A)
the school-age child will attend a home school; and
(B)
the parent or legal guardian assumes sole responsibility for the education of 
the school-age child, except to the extent the school-age child is dual enrolled 
in a public school as provided in Section 
53G-6-702
.
(iii)
If a parent or legal guardian has been convicted of child abuse or if a court of 
competent jurisdiction has made a substantiated finding of child abuse against the 
parent or legal guardian:
(A)
the parent or legal guardian may not assume responsibility for the education 
of a school-age child under Subsection (2)(a)(ii); and
(B)
the local school board may not accept the affidavit described in Subsection 
(2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age 
child from attendance under Subsection (2)(a)(ii) in relation to the parent's or 
legal guardian's intent to home school the child.
(iv)
Nothing in this Subsection (2)(a) affects the ability of another of a child's 
parents or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file 
the affidavit described in Subsection (2)(a)(ii).
(b)
A signed affidavit filed in accordance with Subsection (2)(a) shall remain in effect 
as long as:
(i)
the school-age child attends a home school;
(ii)
the school district where the affidavit was filed remains the school-age child's 
district of residence; and
(iii)
the parent or legal guardian who filed the signed affidavit has not been 
convicted of child abuse or been the subject of a substantiated finding of child 
abuse by a court of competent jurisdiction.
(c)
A parent or legal guardian of a school-age child who attends a home school is solely 
responsible for:
(i)
the selection of instructional materials and textbooks;
(ii)
the time, place, and method of instruction; and
(iii)
the evaluation of the home school instruction.
(d)
A local school board may not:
(i)
require a parent or legal guardian of a school-age child who attends a home 
school to maintain records of instruction or attendance;
(ii)
require credentials for individuals providing home school instruction;
(iii)
inspect home school facilities; or
(iv)
require standardized or other testing of home school students.
(e)
Upon the request of a parent or legal guardian, a local school board shall identify the 
knowledge, skills, and competencies a student is recommended to attain by grade 
level and subject area to assist the parent or legal guardian in achieving college and 
career readiness through home schooling.
(f)
A local school board that excuses a school-age child from attendance under this 
Subsection (2) shall annually issue a certificate stating that the school-age child is 
excused from attendance for the specified school year.
(g)
A local school board shall issue a certificate excusing a school-age child from 
attendance:
(i)
within 30 days after receipt of a signed affidavit filed by the school-age child's 
parent or legal guardian under this Subsection (2); and
(ii)
on or before August 1 each year thereafter unless:
(A)
the school-age child enrolls in a school within the school district;
(B)
the school-age child's parent or legal guardian notifies the school district that 
the school-age child no longer attends a home school; or
(C)
the school-age child's parent or legal guardian notifies the school district that 
the school-age child's school district of residence has changed.
(3)
A parent or legal guardian who is eligible to file and files a signed affidavit under 
Subsection (2)(a) is exempt from the application of Subsections 
53G-6-202
(2), (5), and 
(6).
(2)
(a)
A parent or legal guardian of a school-age child who attends a home school is 
solely responsible for:
(i)
the selection of instructional materials and textbooks;
(ii)
the time, place, and method of instruction; and
(iii)
the evaluation of the home school instruction.
(b)
A local school board may not:
(i)
require a parent or legal guardian of a school-age child who attends a home school 
to maintain records of instruction or attendance;
(ii)
require credentials for individuals providing home school instruction;
(iii)
inspect home school facilities; or
(iv)
require standardized or other testing of home school students.
(c)
Upon the request of a parent or legal guardian, a local school board shall identify the 
knowledge, skills, and competencies a student is recommended to attain by grade 
level and subject area to assist the parent or legal guardian in achieving college and 
career readiness through home schooling.
(3)
When a parent withdraws an enrolled school-age child from school for the purpose of 
home-schooling, or chooses not to enroll a school-age child, the parent shall provide a 
one-time initial notification, that may include a letter of intent, to the local school board 
of the school-age child's district of residence.
(4)
A local school board may not require a notification described in Subsection (3) if a 
parent of a school-age child provided a notification to the local school board on or 
before May 7, 2025, including through a home-school affidavit.
(5)
 Upon receiving the notification in Subsection 
(3)
:
(a)
the local school board shall:
(i)
maintain a record of the notification; and
(ii)
acknowledge receipt of the notification to the parent within 30 days; and
(b)
the local school board and school of enrollment are not liable for the education or 
services of the school-age child.
(4)
(6)
(a)
Nothing in this section may be construed to prohibit or discourage voluntary 
cooperation, resource sharing, or testing opportunities between a school or school 
district and a parent or legal guardian of a child attending a home school.
(b)
The exemptions in this section apply regardless of whether:
(i)
a parent or legal guardian provides education instruction to the parent's or legal 
guardian's child alone or in cooperation with other parents or legal guardians 
similarly exempted under this section; or
(ii)
the parent or legal guardian makes payment for educational services the parent's 
or legal guardian's child receives.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 12:48 PM