Revised August 9, 2004
Connecticut's homeschool regulation is accomplished by a blending of legislation and state guidelines. The Legislation (CGS 10-184) is law, but is very general. The CT State website presentation of these laws is linked here. The Guidelines (Circular Letter C-14) are more specific, but are only the voluntary implementation of the law as interpreted by the CT Dept. of Education. Two minor updates to the law were added in 1994. The Legislature revised CGS 10-184 in 1998 to lower the age of compulsory public school attendance from SEVEN to FIVE. However, parents may opt out of the attendance requirement until age seven by application to the schools. The Legislature revised CGS 10-184 in 2000 to raise the age of compulsory public school attendance from SIXTEEN to EIGHTEEN. However, parents may opt out of this attendance requirement by application to the schools, as well.
The details of the Enumeration item may be found in the Comments section below.
I have a few closing comments on all this at the end of this page.
Right here I do want to say that you should understand clearly that the Guidelines are NOT law, but rather are directions from the CT Dept. of Education as to how THEY think the law should be implemented. Realize however that the opinion of the State does carry weight with the local town education departments. But still their understanding is NOT legally binding either on the towns OR on us. Personally I found the Guidelines to be a fair compromise and we had no problems following them, although I do understand the concerns people have with them. In our case when we were starting to homeschool (before the Guidelines were prepared), our town's School Board was very nervous about letting us go ahead without having us follow some of their own unspecified and challenging requirements. Having the Guidelines gives direction and confidence to local School Boards that homeschoolers are being adequately monitored. As I have said, a compromise on both parties.
Circular Letter C-14
From: Vincent L. Ferrandino
Date: July 15, 1994
REVISED PROCEDURES CONCERNING REQUESTS FROM PARENTS TO EDUCATE THEIR CHILD AT HOME
I. Introduction
On November 7, 1990, The State Board of Education adopted the following policy on home instruction.
The State Board of Education acknowledges the right of parents to instruct their children at home as an alternative to public school attendance; and advises local and regional boards of education, where such child would otherwise be attending public school, to acknowledge home instruction when the parent or person having control of a child between the ages of 7 and 16 is able to show that the child is receiving equivalent instruction in the studies taught in the public schools.
The intent of these procedures is twofold: First, to provide local boards of education with suggestions concerning procedures to be utilized when parents wish to educate their child at home; and second, to assist parents in making requests to educate their child at home. The suggested procedures outline a series of steps in a process which should be conducted in an atmosphere of respect and cooperation by parents and local boards of education.
II. Statutory Authority
Section 10-184 of the Connecticut General Statutes (attached) describes the duties of parents for educating their children. It requires that parents or persons having control of children over five years of age (optional until age seven however) and under sixteen years of age shall cause such children "...to attend a public day school regularly ..." However Section 10-184 allows the parent or person having control of such child to educate the child in other than the public schools if they are " ...able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools."
The duties of local boards of education are described in Section 10-220 of the Connecticut General Statutes (attached). As part of their identified duties, local boards of education are required to " ...cause each child of seven years of age and over or under sixteen living in the school district to attend school in accordance with the provisions of Section 10-184 ...".
If parents wish to educate their child in their home, they must show equivalency as described in Section 10-184 and local boards of education must determine whether or not such a child is receiving equivalent instruction as required by Section 10-220.
The following procedures have been developed in order to assist parents and local boards of education to work together in such a way as to assure children receive the education to which they are entitled by law. We would deem compliance with these suggested procedures as satisfying the requirements of Sections 10-184 and 10-220 of the General Statutes.
In determining whether the education provided a child is equivalent to the instruction provided in the local schools, it is recommended that the local board of education observe the following procedures:
A. Parents must file with the superintendent of schools in the town in which they reside a notice of intent form which provides basic information about the program to be provided to their child. A notice of Intent will be effective for up to one school year (see attached).
B. Filing must occur within ten days of the start of the home instruction program.
C. The school district will receive the notice of Intent, check it for completeness and keep it as part of the district's permanent records. A complete form will be one which provides basic program information including name of teacher, subjects to be taught and days of instruction, and the teacher's methods of assessment.
D. A parent, by filing a notice of intent, acknowledges full responsibility for the education of their child in accordance with the requirements of state law. Receipt of a notice of intent In no way constitutes approval by a school district of the content or effectiveness of a program of home instruction.
E. If a parent fails to file a notice of Intent or files an incomplete form then a certified letter shall be sent to the parent requesting compliance within ten days.
F. An annual portfolio review will be held with the parents and school officials to determine if instruction in the required courses has been given.
G. Any continued refusal by the parent to comply with the reasonable request of the school district for completion and filing of the notice of intent, or to participate in an annual portfolio review may cause the child to be considered truant
H. A school district should not accept nor require a notice of intent for any child younger than seven (now five??) years or older than sixteen years.
I. The school district shall record the number of students instructed at home on the appropriate form issued by the State Department of Education.
If you have any questions concerning these suggested procedures, please contact Dr. Marie Della Bella at (860) 566-3593 (now retired, however)
The 2000 changes are marked in bold
C.G.S. Section 10-184
Duties of parents.
All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments. Subject to the provisions of this section and section 10-15c, each parent or other person having control of a child five years of age and over and under eighteen years of age shall cause such child to attend a public school regularly during the hours and terms the public school in the district in which such child resides is in session, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools. The parent or person having control of a child sixteen or seventeen years of age may consent, as provided in this section, to such child's withdrawal from school. Such parent or person shall personally appear at the school district office and sign a withdrawal form. The school district shall provide such parent or person with information on the educational options available in the school system and in the community. The parent or person having control of a child five years of age shall have the option of not sending the child to school until the child is six years of age and the parent or person having control of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. The parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The school district shall provide the parent or person with information on the educational opportunities available in the school system.
C.G.S. Section 10-220(a)
"...shall cause each child five years of age and over and under eighteen years of age who is not a high school graduate ..."
C.G.S. Section 10-184a
C.G.S. Section 10-184b
My reading of these additions is that: 1) the public schools may not require you to continue your child in special ed services if that is not your desire. The inverse (whether public schools must provide special ed services to homeschoolers if it is the wish of the homeschooler to have them) however is not addressed here, and 2) the "equivalent instruction" option in 10-184 under which we homeschool may not be simply canceled by executive decision of the CT State Superintendent.
The 1998 changes extend the compulsory attendance age down to 5, however, they allow the parent to opt-out of public schooling until age 7, but only if they actively request this exemption. The 2000 additions carry this change over to the upper enrollment age, extending it to age 18, but again allowing the parent to remove their child from school by personally requesting the removal.
I reprint the letter from CURE, passed along to me from the CT Homeschool Network, for your review and consideration. Their answer seems fair and their suggested response appropriate if you have reasons to wish to not file the Notice of Intent form. Again, you may have more challenges in this case from the town, but if you have a good relationship with the local officials you may be fine.
Finally in comparing Circular Letters C-4 (November, 1990) and this letter (C-14), I found very minor changes. The most substantial were the dropping of the words "State Department of Education developed" in Item A as describing the Notice of Intent form, and changing Item I to only require a head count of homeschoolers to be reported to the State rather than copies of all Notices of Intent.
Updates to the Law
Special education programs not required for children in home or private schools
The provisions of sections 10-76a to 10-76h, inclusive, shall not be construed to require any local, regional or State Board of Education to provide special education programs or services for any child whose parent or guardian has chosen to educate such child in a home or private school in accordance with the provisions of section 10-184 and who refuses to consent to such programs or services.
(1994, P.A. 94-245, § 43, eff. July 1, 1994.)
Waiver provisions not applicable to equivalent instruction authority of parents
Notwithstanding any provision of the general statutes or public or special act granting the commissioner of education the authority to waive provisions of the general statutes, the commissioner of education shall not limit the authority of parents or guardians to provide for equivalent instruction pursuant to section 10-184.
(1994, P.A. 94-245, § 44, eff. July 1, 1994.)
Comments
October 7, 2000
Some towns have asked for the schooling status of children when no Notice of Intent form is filed. CT CURE (NHELD) has reviewed one such instance from South Windsor. It seems that there are laws requiring enumeration of students by the town which can affect homeschoolers as well.