Note: The opinions expressed in this essay are the opinions of the author, and do not reflect the attitudes or accepted practices of any particular group. The interpretation of present Alabama church school law is that of the author and do not constitute legal advice.
There are several misconceptions and myths about homeschooling in the state of
Alabama. I'm tired of hearing them, and so are many others in this state. But
more than that, I'm tired of people being bound up in fear because these
misconceptions are being perpetuated, both intentionally and unintentionally.
This essay represents my attempt to be honest and forthright about what the LAW
says, and how is might be interpreted.
Alabama does not have homeschooling laws. In other words, we have no laws which
say "homeschoolers shall . . . ." We use the church school laws which say that
all children between the ages of 7 and 16 must attend a public school, a private
school, a church school, or be tutored by a state certified tutor. We know what
public schools are, but let's look at the others.
A private school is any school not operated by the state board of education, and
not established under the church school law. They are subject to all the same
restrictions as public schools, such as teacher certification, and length of
school year. They essentially differ in regards to who is in immediate control.
Most people who place their children in a "private school" are enrolling them in
a church school that operates under the same laws we do. Common usage of words
are not always the same as the legal usage of the word.
Another way to have your children educated is using a private tutor. This tutor
must be a state certified teacher. There are also many requirements for this
system -- such as length of school year and even hours between which each day's
educational activities must occur. You must submit a list of curriculum, and
report regularly. This, however, is "homeschooling" to the Boards of Education.
The last way, and the primary focus of my writing, is the church school law. The
statutes regarding church schools are
16-1-11,
16-28-1, 16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-24, and 16-40-1. Every
parent should read the educational law codes for themselves, seeing for
themselves what it says, and deciding what it means. IF they feel it necessary,
parents should consult an attorney who is a memberof the Alabama bar, because
that membership verifies a proficiency of knowledge in and usage of this state's
laws. THEN, and only then, should they begin search for support groups and
church schools with which to become involved. Ultimately, it is the parent who
will be held to the standards of the law, and they who should be familiar with
it.
In section 16-28-3 a church school is defined as operated as a ministry of a
church, denomination, or group of churches. We use it to homeschool by each home
becoming either a satellite classroom of a church school, or becoming an
individual school of the church. These are differentiated from classroom church
schools by the terminology cover school. Church schools are prohibited from
receiving state and federal funds. The first dollar of state or federal funds
moves them to the category of a private school, which subjects it to all the
legal stipulations of public schools.
Church isn't limited to either a Christian church or the traditional definition
of a church building. The law has never defined church, and won't because of the
separation of church and state. They are on REAL shaky ground when the state
goes defining church. I personally believe they will do it one day, but not in
the immediate future, and certainly not in the past.
Even Christians reject the idea that a church is the building -- it is the body
of people who meet there. Think that through -- if a church building burns, is
there still a church? Is a church meeting somewhere else while construction is
going on still a church? Of course, a church is people -- a body of believers.
Also, the law doesn't specify that a church be Christian - it can be Buddhist,
Hindu, Jewish, Pagan, etc. If a church school so chooses to limit its enrollment
and inclusion, it is their right to do so. However, that's a choice and not the
law. There's NO reason why your family can not be the church, the "body of
believers", that sponsors your church school.
Alabama has compulsory attendance laws for students ages 7 through 16. Notice I
said compulsory ATTENDANCE, not compulsory education. Public schools receive
their funding based on the number of students in attendance, more so than on how
the students perform. That's why a student with a 96 average and too many
absences won't be passed, but a child who hasn't learned anything during the
year may be.
Section 16-28-3 is also known as the Compulsory Attendance Act. It establishes
that children seven (7) to 16 years of age must be enrolled in one fo the four
acceptable education options outlined earlier. Yes, I said 7, not 5.
Kindergarten is NOT mandatory in Alabama. A child must begin receiving his
education using one of the four methods beginning with the first school year
after his 7th birthday. Prior to a child reaching his 7th birthday, a family
does not NEED a cover school. AICSA encourages more support groupsto offer
support to these non-compulsory families, allowing them to save the fees and
requirements of an unnecessary cover school affiliation.
Church schools are exempt from all requirements placed on public schools,
private schools, and tutors. In fact, there are only 2 requirements placed on
church schools -- submission of a church school enrollment form and attendance
record. The parent of a student enrolled in a church school must submit a church
school enrollment form (Section 16-28-7) to the local superintendent of
education when the child is enrolled. This need not be done every year. While
most schools will handle this paperwork for the families, it remains the
parent's responsibility. The school, however, has the burden of responsibility
for notifying them when the student ceases to be enrolled there. The only other
requirement is that the school maintain a record of attendance for each student
(16-28-3). No law exists which requires this attendance report be submitted to
anyone outside the school. In fact, 16-28-8 and 16-1-11 specifically states that
church schools are exempt from ALL other reporting requirements.
By means of being exempt, church schools are not obligated to the public
school's "length of school year." Meaning, each school may set the length of
their school year as they decide -- 110 days, 180 days, 200 days, 365 days, or
well, in the extreme, 1. Each school has their reasoning for establishing their
school year length -- from 180 to match the public schools, to 140 because
tutoring more closely matches homeschooling, to any other number of reasons.
Church schools are also exempt from those subjects which must be taught. There
are lists of subjects being passed out to homeschoolers are required to be
taught betweent hte ages of 7 and 16. However, they are based on Section
16-35-5, which says these must be taught in elementary schools. The law was
passed on the recommendation of a committee empowered to make curriculum content
decisions regarding PUBLIC schools, and therefore, regulating church school
curriculum content exceed the scope of their power. Furthermore, the Alabama
Attorney General, Bill Pryor, has issued an opinion which clearly states that
beyond the church school enrollment form and attendance records, NO other
requirements exist for church schools.
Another fallacy propagated within the Alabama homeschooling community is that
families must keep laboriously detailed journals of their children's work.
However, as you can see from all the covered statutes, they do NOT. However,
this myth rests on the possibility of being challenged in court, and Section
16-28-15 which says that a teacher's attendance register is evidence in court of
a student's compliance with the compulsory attendance law. However, a public or
private school teacher's record of ATTENDANCE is a far step from the detailed
journals required by some schools. We aren't required by law to teach certain
things, and by virtue of being a church schools, are not required to meet any
burden of proof regarding learning. Our law is one of compulsory ATTENDANCE, not
EDUCATION. If a teacher's journal makes the family feel more comfortable, fine!
But it is NOT required by law!
Everyone wants to complain about what horrible laws we have in Alabama. The LAWS
aren't horrible; it's the people interpreting and enforcing. Sigh.
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