October 28, 2004

School District Does Not Recognize Certified Tutor Option

An HSLDA member family living in Eagle County received a surprising request from the local school district for the family to fill out a notice of intent to homeschool, ignoring the fact that the mother had notified the district of her intent to operate under the certified tutor law.

Homeschoolers in Colorado have the option of educating either under the home-based educational program pursuant to Col. Rev. Stat. section 22-33-104.5, or under the licensed teacher option, if a parent holds a valid teacher's certification.

The requirements in section 22-33-104.5 are not required for homeschooling by a licensed teacher. Thus, if a home schooling parent or other person is certified in Colorado to teach, the home school in which they are providing instruction is exempt from all other requirements, including providing a notice of intent.

Our member was certified to teach in Colorado, and had so informed the school district. Upon receiving the notice of intent she contacted HSLDA, and Attorney Chris Klicka wrote to the Eagle County School District, explaining the certified tutor option. No further unlawful requests were received from the school district.