Review and Discuss: Georgia Home Study Program Statutes

Parents must have high school diploma or GED and may teach only their own children; they may engage a tutor provided the tutor has a baccalaureate degree.

The home study program must include, but is not limited to, reading, language arts, mathematics, social studies, and science.

Over a 12-month period, the instruction must be equivalent to 180 days of 4.5 hours, unless the child is physically unable to comply.

Attendance records must be kept and submitted to the local superintendent each month. Attendance records and reports can't be used for any purpose other than verifying attendance except with parent's permission or as a result of a court order.

Homeschooled children must take a nationally normed standardized test every three years beginning "at the end of third grade" but the results are not required to be submitted to "education authorities."
An annual progress report must be written and retained for three years.
The state Board of Education is required to design and make available such forms as are required, but they may not be inconsistent with the requirements of the law.

O.C.G.A. 20-2-690.1G
http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname...
Defines the ages of compulsory attendance and the sanctions for failure to comply.

Layman's interpretation of O.C.G.A. 20-2-690.1G.

Compulsory attendance applies to children between the ages of 6 and 16. Each day of absence is a separate offense, and parents are liable to a fine of $100 or 30 days imprisonment or both.

O.C.G.A. 20-2-697
http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname...
Addresses the authority of visiting teachers and truancy officers.

Layman's interpretation of O.C.G.A. 20-2-697

Private schools and home study programs are explicitly exempted from the provisions of this code section.

O.C.G.A 20-2-698.
http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname...
Allows peace officers to "assume temporary custody" of certain children.

Layman's interpretation of O.C.G.A 20-2-698.

Children out in public during school hours may be taken into custody, unless they have a written permission from their parents.

O.C.G.A. 20-2-701
http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname...
Identifies who is empowered to bring truancy charges.

Layman's interpretation of O.C.G.A. 20-2-701

Only the local superintendent is empowered to report a homeschooling parent for violations of the compulsory attendance law, and then only after written notification.

O.C.G.A. 20-2-150
http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname...
Identifies children eligible for enrollment in government schools

Layman's interpretation of O.C.G.A. 20-2-150

Once a child is enrolled in a government school program for 20 days or more, compulsory attendance is required, no matter how young. So, if a parent decides that the pre-K program is not working out, they can't just withdraw the child because now they are treated as if the child was six years old and subject to compulsory attendance.

The Georgia Department of Education maintains a FAQ page for homeschoolers:
http://www.doe.k12.ga.us/communications/homeschool.html

Case law and legal opinions

In 1986, the Georgia Attorney General issued an opinion stating that local superintendents could "request" that homeschoolers provide documents related to their home study program, but had no legal basis to "require" the production of those documents. The opinion is reproduced at
http://www.heir.org/bowers.htm

Legal and political issues for homeschoolers in Georgia

Many local school superintendents have been sending non-complying declaration of intent forms to homeschoolers. These forms ask for information not required by law, such as grade level and telephone number. More controversial is the request for information on "special needs."
The local school authorities govern transferring from home study into government school, for example at the junior high level. They may determine what, if any, placement tests are required, and are the final authority on student placement.