Utah S.B. 39 amends Utah Code 53A-11-102 (2) grants that:
A local school board shall excuse a school-age minor from attendance if the school-age minor’s parent files a signed and notarized affidavit with the school-age minor’s school district of residence, as defined in Section 53A-2-201, that:
- the school-age minor will attend a home school; and
- the parent assumes sole responsibility for the education of the school-age minor, except to the extent the school-age minor is dual enrolled in a public school as provided in Section 53A-11-102.5.
A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall remain in effect as long as:
- the school-age minor attends a home school; and
- the school district where the affidavit was filed remains the school-age minor’s district of residence.
A parent of a school-age minor who attends a home school is solely responsible for:
- the selection of instructional materials and textbooks;
- the time, place, and method of instruction[,]; and
- the evaluation of the home school instruction.
How to Register
Parent/Guardian, if you choose to home school your student:
- Print out and complete the home school affidavit.
- Have the affidavit notarized.
- Withdraw your student from the boundary school (if enrolled). Provide them with a copy of the affidavit.
- Mail or bring the original notarized affidavit to Cache County School District address:
Cache County School District
Student Services Department
2063 North 1200 East
North Logan, UT 84341
Within 30 days of receipt of the notarized affidavit, the Cache County School District will issue to you a certificate excusing the school-age minor from school attendance for the specified school year. The Student Services Office will issue a new certificate before August 1 of each school year thereafter, unless the school-age minor is enrolled in a Cache County School District school, or unless Cache County School District is no longer the district of residence.
As provided in Utah S.B. 39, if you have previously filed a home school affidavit with Cache County School District, you will not need to file another affidavit as long as:
- The school-age minor continues to attend home school, and
- Cache County School District remains the school-age minor’s district of residence.
IEP, 504, & Special Services Notice
Notice to parents/guardians of students with an IEP, 504, or other special services:
If you choose to home school your student, you may be waiving your rights to receive some or all of the special education, 504, or other special services he/she would receive if enrolled in a public school in Cache County School District; unless, you have arranged for dual enrollment consistent with Utah State Law, Section 53A-11-102.5 and Utah State Board of Education rule R277-438. It is recommended that you meet with the IEP, 504, or other special services team at your school regarding your student’s rights to special needs services before submitting your affidavit to home school.
Your affidavit to home school will be denied if your student is under court order to attend school, unless authorized by the judge.