Alabama State Legislature
CERTAIN LAWS AND STATE BOARD RESOLUTIONS THAT PERTAIN TO
PRIVATE SCHOOLS IN ALABAMA (Excerpts from Code of Alabama
1975 to 1982)
Note: Alabama does not recognize homeschooling as
a separate legal option. Homeschoolers in Alabama educate
their children according to the provisions set forth in
certain laws and State Board Resolutions that pertain to
private schools in Alabama and, therefore, most find
"covering" or "umbrella" church schools which will oversee
their homeschooling programs. According to the Attorney
General of Alabama, "other than the state laws requiring
parents to report attendance and for church schools to
report if a student is no longer in attendance at such a
church school, there is no provision of Alabama law that
permits or requires any state or local authority to regulate
a church school."
Alabama Home Schooling
Compulsory School Age
Ages of 7 to 16
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 16-28-1, 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, Section 599;
Code 1940, T. 52, Section 547.)
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:
(1) The instruction in such schools shall be by persons
holding certificates issued by the state superintendent of
education;
(2) Instruction shall be offered in the several branches
of study required to be taught in the public schools of this
state;
(3) The English language shall be used in giving
instructions;
(4) A register of attendance shall be kept which clearly
indicates every absence of each child from such school for a
half day or more during each school day of the school year;
(B) The term church school, as used in this chapter,
shall mean and only include such schools as offer
instruction in grades K-12, 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, Section 302; Code 1940, T. 52,
Section 299.)
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, Section 301; Code 1940, T. 52, Section 297; Acts
1956, 2nd Ex. Sess., No. 117, p. 446, Section 3.)
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 8:00 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, Section 303; Code 1940, T. 52,
Section 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,
Section 304; Code 1940, T. 52, Section 301, Acts 1947, No.
676, p. 517; Acts 1971, No. 2484, p. 3965.)
16-28-7. Report of enrollment. At the end of the
fifth 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 filled 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, Section
309; Code 1940, T. 52, Section 306.)
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 the may
be required by the sate 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, Section 310; Code 1940, T. 52, Section
307.)
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, Section 313; Code 1940, T. 52, Section 310.)
16-28-12. Person in loco parents 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, Section
305; Code 1940, T. 52, Section 302.)
16-28-13. Burden of proof on person in loco
parents. 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:
(1) That the
principal teacher in charge of said school which he attends
or should attend or the tutor who instructs or should
instruct said child gave permission for the child to be
absent; or
(2) That such parent, guardian or other person is
unable to provide necessary books and clothes in order that
he child may attend school in compliance with law, and that
such parent, guardian or other person had prior to the
opening of the school, or immediately after the beginning of
such dependency, reported such dependent condition to the
juvenile court of the county and offered to turn the child
over to the state department of pensions and security as a
dependent child; or
(3) That such parent, guardian or other
person has made a bona fide effort to control such child and
is unable to do so, and files in court a written statement
that he is unable to control such child; or
(4) That there
exists a good cause or valid excuse for such absence; or (5)
That such parent, guardian or other person has made a bona
fide, diligent effort to secure the regular attendance of
such child and that the absence was without his knowledge,
connivance or consent.
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 had no knowledge of such absence and that he
had been diligent in his efforts to secure the attendance of
such child. (School Code 1927, Section 308; Code 1940, T.
52, Section 305.)
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 an 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, Section 315; Code 1940, T. 52, Section 312.)
16-28-22. Prosecutions. No prosecution or
proceeding under this chapter shall be begun except by The
following parties:
(1) The county superintendent of
education or city superintendent of schools where the matter
affects a school or private tutor in territory under his
supervision; or
(2) An attendance officer; or
(3) The
principal teacher of the school which the child attends or
should attend; or
(4) The private tutor by whom the child is
instructed or should be instructed; or
(5) The probation
officer of the county; or
(6) A duly authorized agent of the
state superintendent of education or the department of
pensions and security. (School Code 1927, Section 324; Code
1940, T. 52, Section 320.)
16-28-23. 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,
Section 325; Code 1940, T. 52, Section 321.)
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.
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, Section 621; Code 1940, T. 52, Section 555.)
Section 10. Notwithstanding entitlement to the exemptions
provided church school sunder 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 s 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.
