Colorado Homeschool Law

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Welcome to the Home Schooling section of the CDE Web site. Included in the section: A copy of the law associated with homeschooling, some frequently asked questions about Colorado home schooling and their answers, and a listing of some home school support groups around the state.

Compulsory School Attendance Law
This portion of Colorado Revised Statues, reprinted with the permission of the committee on Legal Services in accordance with section 2-5-118, C.R.S. is an unofficial publication of Colorado Revised Statutes.

Title 22, Colorado Revised Statutes: Education Article 33:
School Attendance Law of 1963 Section 104

22-33-104. Compulsory school attendance. (Abbreviated version with information specific to home based education)

(1) Except as otherwise provided in subsection(2) of this section, every child who has attained the age of seven years and is under the age of sixteen years, except as provided by this section, shall attend public school for at least one thousand fifty-six hours if a secondary school pupil or nine hundred sixty-eight hours if a elementary school pupil during each school year; except that in no case shall a school or schools be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education.

(2) The provisions of subsection (1) of this section shall not apply to a child:

(d) Who has been suspended, expelled, or denied admission in accordance with the provisions of this article; except that, when a pupil is expelled for the remainder of the school year, the parent, guardian, or legal custodian is responsible for seeing that either the provisions of subsection (1) of this section are complied with during the period of expulsion from the school district or that the pupil meets the conditions for exemption specified in paragraph (b) or (i) of this subsection (2);

(i) Who is being instructed at home:

(I) By a teacher certified pursuant to article 60.5 or 61 of this title; or

(II) Under a non-public home-based educational program pursuant to section 22-33-104.5

Home School Law
This portion of Colorado Revised Statues, reprinted with the permission of the committee on Legal Services in accordance with section 2-5-118, C.R.S. is an unofficial publication of Colorado Revised Statutes.

Title 22, Colorado Revised Statutes: Education Article 33:
School Attendance Law of 1963 Section 104.5, as amended
22-33-104.5. Home-based education - legislative declaration - definitions - guidelines.

(l) The general assembly hereby declares that it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.

(2) As used in this section:

(a) "Nonpublic home-based educational program" means the sequential program of instruction for the education of a child which takes place in a home, which is provided by the child's parent or by an adult relative of the child designated by the parent, and which is not under the supervision and control of a school district. This educational program is not intended to be and does not qualify as a private and nonprofit school.

(b) "Parent" includes a parent or guardian.

(c) "Qualified person" means an individual who is selected by the parent of a child who is participating in a nonpublic home-based educational program to evaluate such child's progress and who is a teacher licensed pursuant to article 60.5 of this title, a teacher who is employed by an independent or parochial school, a licensed psychologist, or a person with a graduate degree in education.

(3) The following guidelines shall apply to a nonpublic home-based educational program:

(a) A parent or an adult relative designated by a parent to provide instruction in a nonpublic home-based educational program shall not be subject to the requirements of the "Colorado Educator Licensing Act of 1991", article 60.5 of this title, nor to the provisions of article 61 of this title relating to teacher employment.

(b) A child who is participating in a nonpublic home-based educational program shall not be subject to compulsory school attendance as provided in this article; except that any child who is habitually truant, as defined in section 22-33-107 (3), at any time during the last six months that the child attended school before proposed enrollment in a nonpublic home-based educational program may not be enrolled in the program unless the child's parents first submit a written description of the curricula to be used in the program along with the written notification of establishment of the program required in paragraph (e) of subsection (2) of this section to the superintendent of a school district within the state.

(c) A nonpublic home-based educational program shall include no less than one hundred seventy-two days of instruction, averaging four instructional contact hours per day.

(d) A nonpublic home-based educational program shall include, but need not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States as provided in section 22-1-108.

(e) Any parent establishing a nonpublic home-based educational program shall provide written notification of the establishment of said program to a school district within the state fourteen days prior to the establishment of said program and each year thereafter if the program is maintained. The parent in charge and in control of a nonpublic home-based educational program shall certify, in writing, only a statement containing the name, age, place of residence, and number of hours of attendance of each child enrolled in said program.

(f) Each child participating in a nonpublic home-based educational program shall be evaluated when such child reaches grades three, five, seven, nine, and eleven. Each child shall be given a nationally standardized achievement test to evaluate the child's academic progress, or a qualified person shall evaluate the child's academic progress. The test or evaluation results, whichever is appropriate, shall be submitted to the school district that received the notification required by paragraph (e) of this subsection (3) or an independent or parochial school within the state of Colorado. If the test or evaluation results are submitted to an independent or parochial school, the name of such school shall be provided to the school district that received the notification required by paragraph (e) of this subsection (3). The purpose of such tests or evaluations shall be to evaluate the educational progress of each child. No scores for a child participating in a nonpublic home-based educational program shall be considered for awarding academic performance grades pursuant to section 22-7-604 or for accreditation pursuant to Article 11 of this title.

(g) The records of each child participating in a nonpublic home-based educational program shall be maintained on a permanent basis by the parent in charge and in control of said program. The records shall include, but need not be limited to, attendance data, test and evaluation results, and immunization records, as required by sections 25-4-901, 25-4-902, and 25-4-903, C.R.S. Such records shall be produced to the school district that received the notification required by paragraph (e) of this subsection (3) upon fourteen days' written notice if the superintendent of said school district has probable cause to believe that said program is not in compliance with the guidelines established in this subsection (3).

(4) Any child who has participated in a nonpublic home-based educational program and who subsequently enrolls in the public school system may be tested by the school district for the purpose of placing the child in the proper grade and shall then be placed at the grade level deemed most appropriate by the school district with the consent of the child's parent or legal guardian. The school district shall accept the transcripts from the nonpublic home-based educational program for any such child.

(5) (a) (I) If test results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that a child participating in a nonpublic home-based educational program received a composite score on said test which was above the thirteenth percentile, such child shall continue to be exempt from the compulsory school attendance requirement of this article. If the child's composite score on said test is at or below the thirteenth percentile, the school district shall require the parents to place said child in a public or independent or parochial school until the next testing period; except that no action shall be taken until the child is given the opportunity to be retested using an alternate version of the same test or a different nationally standardized achievement test selected by the parent from a list of approved tests supplied by the state board.

(II) If evaluation results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that the child is making sufficient academic progress according to the child's ability, the child will continue to be exempt from the compulsory school attendance requirement of this article. If the evaluation results show that the child is not making sufficient academic progress, the school district shall require the child's parents to place the child in a public or independent or parochial school until the next testing period.

(b) If the child's test or evaluation results are submitted to an independent or parochial school, said school shall notify the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section if the composite score on said test was at or below the thirteenth percentile or if the evaluation results show that the child is not making sufficient academic progress. The school district shall then require the parents to proceed in the manner specified in paragraph (a) of this subsection(5).

(6) (a) If a child is participating in a nonpublic home-based educational program but also attending a public school for a portion of the school day, the school district of the public school shall be entitled to count such child in accordance with the provisions of section 22-54-103 (10) for purposes of determining pupil enrollment under the "Public School Finance Act of 1994", article 54 of this title.

(b)(I) For purposes of this subsection (6), a child who is participating in a nonpublic home-based educational program shall have the same rights as a student enrolled in a public or private school to participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a private school, at the private school's discretion, as provided in section 22-32-116.5 and is subject to the same rules of any interscholastic organization or association of which the student's school of participation is a member.

(II) (A) Except as provided for in sub-subparagraph (B) of this subparagraph (II), for purposes of section 22-32-116.5, the school district of attendance for a child who is participating in a nonpublic home-based educational program shall be deemed to be the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section.

For purposes of section 22-32-116.5, the school district of attendance for a child who withdraws from a public or private school more than fifteen days after the start of the school year and enters a nonpublic home-based educational program shall be the school district or private school from which the child withdrew for the remainder of that school year. If, during the remainder of that academic year, the child chooses to participate in extracurricular or interscholastic activities at the same school and was eligible for participation prior to withdrawing from the school, the child remains eligible to participate at such school.

(c) No child participating in an extracurricular or interscholastic activity pursuant to paragraph (b) of this subsection (6) shall be considered attending the public school district where the child participates in such activity for purposes of determining pupil enrollment under paragraph (a) of this subsection (6).

(d) As used in this subsection (6), "extracurricular or interscholastic activities" shall have the same meaning as "activity" as set forth in section 22-32-116.5 (10).

(e) If any fee is collected pursuant to this subsection (6) for participation in an activity the fee shall be used to fund the particular activity for which it is charged and shall not be expended for any other purpose.


Colorado Student Assessment Program Law
This portion of Colorado Revised Statues, reprinted with the permission of the committee on Legal Services in accordance with section 2-5-118, C.R.S. is an unofficial publication of Colorado Revised Statutes.

Title 22, Colorado Revised Statutes: Education Article 7:
Educational Accountability Section 409, as amended
22-7-409. Assessments - repeal (Abbreviated version with information specific to home based education)

(1) Beginning in the spring semester 1997, the department shall implement the Colorado student assessment program under which the department shall administer statewide assessments adopted by the board pursuant to section 22-7-406 in the first priority areas of reading, writing, mathematics, and science. The department shall administer the English versions of the state assessments and may administer any assessments adopted by the board in languages other than English, as may be appropriate for students whose dominant language is not English; except that any student who has participated in the English language proficiency program, created pursuant to section 22-24-104, for more than a total of three school years shall be ineligible to take the assessments in a language other than English.

(III) Nothing in this section shall be construed as requiring a child participating in a nonpublic home-based educational program pursuant to section 22-33-104.5 to take an assessment or exam administered pursuant to this section.

(1.3) (b) A school district, upon the request of the parent or legal guardian of a child who is participating in a nonpublic home-based educational program pursuant to section 22-33-104.5, shall permit such child to take any assessment required by subsection (1) of this section and shall provide to the parent or legal guardian of the child the results of any assessments administered, including diagnostic reporting for such child's performance on each assessment. The parent or legal guardian of such a child shall be required to pay all costs associated with administering and providing results for such assessments.

Frequently Asked Questions about Home Schooling
What should I know?

Homeschooling is deregulated in the state of Colorado, therefore you're taking on all of the responsibility for your students education including acquisition of books, supplies and tests.

How do I get started, what do I do first?

You must provide a 14 day written notification explaining your intent to homeschool to any Colorado public school district office (not the state) and do so each year thereafter for each year the program is maintained. (3)(e). You'll need to make your school district of residence aware of the district where you've registered to avoid truancy action. The notification must list the childs name, age, place of residence and number of hours of attendance of each child enrolled.

Where do I get textbooks, materials and resources to homeschool my child, and what does it cost?

Contact one of resource groups listed on the bottom of the law, bookstores, supply houses or your local school district and they may be able to provide you with information on how to obtain these. Homeschooling costs vary because you can purchase entire programs from private companies or create your own curriculum. All costs are assumed by the parent.

What requirements or qualifications must I have to homeschool my child?

You must be the parent, guardian or adult relative of the child. There are no other qualifications or requirements. (2)(a)

What are the requirements for attendance?

Your program shall include no less than 172 days of instruction, averaging four instructional contact hours per day. (3)(c)

What subjects do I have to teach?

Your program shall include, but is not limited to: communication skills of reading, writing and speaking, mathematics, history, civics, literature, science and the Constitution of the United States. (3)(d)

What kind of records do I have to keep?

Your records must include but are not limited to, attendance data, test and evaluation results and immunization records. (3)(g)

Do I have to test my child and who pays for the test? Where do I get the test?

Your child must be tested or evaluated every two years beginning at the third grade level (third, fifth, seventh, ninth, and eleventh) at your expense. You may contact one of the resources listed below for information or the school district where you've registered to ask if they will include your child during the testing of public school students but the district is not obliged to do so, and may charge you for any costs incurred. (3)(f)

For locations of testing, contact one of the resource groups listed below. Great Books in Lakewood has information and can be contacted at greatbookshomeschool@algxmail.com. Metropolitan State College of Denver is no longer involved with testing.

Is my homeschooled child required to take the CSAP test?

The district shall permit a homeschool student to take the CSAP and provide the results of the assessment to the parent or legal guardian. The test is given only to homeschooled students' whose parents request that the child participate in the testing. 22-7-409 (III)(1.3)(b)

Is there a state diploma or can my child earn one from the district?

There is no state diploma and district diploma's are presented only to students who have attended a public high school in the district. Some companies selling homeschooling curricula offer a diploma at the completion of their program or the parent can make a diploma to present at completion of the program.

How can I find support groups or information on the Internet?

At the bottom of this page is a list of resource and support groups. Please contact them with your questions and concerns. They have information for the newcomer to homeschooling and those with past experience and may be able to provide you with information for support groups in your area. These parents with home schooling experience are your best source of information.

Does my homeschooled child have to take the GED?

Taking the GED is an option but the adult in charge of the program may graduate the student by making a diploma.

Is there any funding available for homeschooling?

At the time of this update, there is currently no funding available

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This summary is intended as a guide and not legal advice.
Check for updates regularly.