HEIR encourages all home educators to read the actual text of the law for themselves rather than depending on summary information. Frequently, summaries fail in their accuracy because laws are often written with deliberate, built-in flexibility. It does take a few more minutes to read the actual text, but we believe unequivocally it is the best means of acquiring accurate information regarding our home study law.
Georgia’s Home Study Law is contained in a number of different sections of The Official Code of Georgia (O.C.G.A). We have attempted to include all the pertinent sections below. You may click on the links as well as read the “Layman’s Interpretation.”
Please note: The State of Georgia recently changed its web page hosting for the Georgia Code. The links below currently will not take you directly to the laws they reference. They will connect you to the Lexis-Nexis database, where you can find the laws if you type in the GA Code section number you wish to view (e.g., 20-2-690). We hope to update the links shortly.
Statutes affecting homeschoolers:
(The term used in Georgia statutes to refer to homeschooling is "home study program.")
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O.C.G.A. 20-2-690: Defines the requirements to establish and operate a home study program to comply with the compulsory attendance law.
Layman’s Interpretation of Requirements for Establishing and Operating a Home Study Program:
1. Parents must submit a declaration of intent to homeschool within 30 days of starting and by September 1 annually thereafter. (Please note that many schools will open a truancy file on a student after only 5 or fewer unexcused absenses, so we suggest that you submit a DOI within 5 days after withdrawing a student from public or private school.)
2. Declaration of intent must list children's names and ages, and address of the home study program, and indicate the start and end of the school year; enrollment records and reports can't be used for any purpose other than providing enrollment information except by express permission of the parents, as a result of a court order, or for verification of atendance for a driver's license.
3. 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 high school diploma or a general educational development diploma.
4. The home study program must include, but is not limited to, reading, language arts, mathematics, social studies, and science.
5. 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.
6. 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, as a result of a court order, or for verifying attendance for a driver's license.
7. 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."
8. An annual progress report must be written and retained for three years.
9. The state Board of Education is required to design and make available such forms as are reasonably necessary, but they may not be inconsistent with or exceed the requirements of the law. In turn, the local school superintendents shall make the forms available to parents or guardians with children in home study programs.
Layman’s Interpretation of Requirements for Establishing and Operating a Home Study Program:
1. Parents must submit a declaration of intent to homeschool within 30 days of starting and by September 1 annually thereafter. (Please note that many schools will open a truancy file on a student after only 5 or fewer unexcused absenses, so we suggest that you submit a DOI within 5 days after withdrawing a student from public or private school.)
2. Declaration of intent must list children's names and ages, and address of the home study program, and indicate the start and end of the school year; enrollment records and reports can't be used for any purpose other than providing enrollment information except by express permission of the parents, as a result of a court order, or for verification of atendance for a driver's license.
3. 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 high school diploma or a general educational development diploma.
4. The home study program must include, but is not limited to, reading, language arts, mathematics, social studies, and science.
5. 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.
6. 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, as a result of a court order, or for verifying attendance for a driver's license.
7. 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."
8. An annual progress report must be written and retained for three years.
9. The state Board of Education is required to design and make available such forms as are reasonably necessary, but they may not be inconsistent with or exceed the requirements of the law. In turn, the local school superintendents shall make the forms available to parents or guardians with children in home study programs.
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O.C.G.A. 20-2-690.1: Defines the ages of compulsory attendance and the sanctions for failure to comply.
Layman's interpretation of O.C.G.A. 20-2-690.1
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, 30 days imprisonment, community service, or any combination of such penalties, at the discretion of the court. Children are subject to penalty as provided in OCGA Title 15, Chapter 11, Section 2, which defines as "unruly" child as one who is "habitually and without justification truant from school."
In paragraph (c), local school superintendents are given the authority and duty to file proceedings in court to enforce this subpart.
www.heir.org/modules/wfsection/article.php?articleid=7