This information is provided as a guide for
students and parents in Etowah County. The information provided is based
on current laws and policies. This document does not take the place of
any state laws, state policies, or local policies.
DEFINITIONS
Public School – A free tax supported school administered by a local governing authority
Private School
– Includes only such schools as hold a certificate issued by the State
Superintendent of Education, showing that such school conforms to the
following requirements:
- The instruction in such schools shall be by persons holding certificates issued by the State Superintendent of Education;
- Instruction shall be offered in the several branches of study required to be taught in the public schools of this state;
- The English language shall be used in giving instruction;
- A register of attendance shall be kept which clearly indicates
every absence of each child from such school for a half day or more
during each school day of the school year.
Church School –
Includes only such schools as offer instruction in grades K-l2, or any
combination thereof including the kindergarten, elementary, or secondary
level and are operated as a ministry of a local church, group of
churches, denomination, and/or association of churches on a nonprofit
basis which do not receive any state or federal funding.
Private Tutor –
Instruction by a private tutor means and includes only instruction by a
person who holds a certificate issued by the State Superintendent of
Education and who offers instruction in the several branches of study
required to be taught in the public schools of this state, for at least
three (3) hours a day for 140 days each calendar year, between the hours
of 8:00 am and 4:00 pm, and who uses the English language in giving
instruction. Such private tutor shall, prior to beginning the
instruction of any child, file with the county board of education, where
his/her place of instruction is in territory under the control and
supervision of the county board of education, or the city superintendent
of schools, where his/her place of instruction is in territory is under
the control and supervision of a city board of education, a statement
showing the child or children to be instructed, the subjects to be
taught and the period of time such instruction is proposed to be given.
Such tutor shall keep a register of work, showing daily the hours used
for instruction and the presence or absence of any child being
instructed and shall make such reports as the State Board of Education
may require. (Section 16-28-5)
Commonly Asked Questions
1. Who should be contacted to provide information regarding non-public schools?
Contact Mrs. Dena Cook, Etowah County Board of Education Attendance Officer, at (256) 549-7587.
2. If a child transfers back to public school later, how will that affect his/her credits?
See the Transfer of Credit Rules, Alabama Administrative Code,
Chapter 290-3-1-02(7)(j) within this brochure.
3. What are the rules for a graduating senior?
See the Alabama Administrative Code, Chapter 290-3-1-02(8.1)(h-l) within this brochure.
4. How do parents who do not have a teaching certificate
required by the Code of Alabama, 1975, § 16-28-5 provide non-public
education for their children?
A child must be enrolled at a specific church school or some other group or agency registered as a private school.
5. How will non-attendance/non-enrollment be addressed?
All cases will be investigated by the Etowah County Board of
Education Attendance Officer and/or the Etowah County Juvenile Probation
Office.
Homeschooling in Alabama
The Code of Alabama 1975
Section 16-28-1
Definitions.
For purposes of this article, the following words, terms and phrases
shall have the following respective meanings, unless clearly indicated
otherwise:
(l) PRlVATE SCHOOL. Includes only such schools as hold a certificate
issued by the State Superintendent of Education, showing that such
school conforms to the following requirements:
a. The instruction in such schools shall be by persons holding certificates issued by the Superintendent of Education;
b. The instruction shall be offered in the several branches of study required to be taught in the public schools of this state;
c. The English language shall be used in giving instruction;
d. A register of attendance shall be kept which clearly indicates
every absence of each child from such school for a half day or more
during each school day of the school year.
(2) CHURCH SCHOOL. Includes only such schools as offer instruction in
grades K-l2, or any combination thereof including the kindergarten,
elementary, or secondary level and are operated as a ministry of a local
church, group of churches, denomination, and/or association of churches
on a nonprofit basis which do not receive any state or federal funding.
(School Code 1927, §;302; Code 1940, T. 52, §;299; Acts 1982, No. 82-218,p. 260, §;1.)
Section 16-28-3
Ages of children required to attend school; church school students exempt from operation of this section.
Every child between the ages of seven and 17 years shall be required
to attend a public school, private school, church school, or be
instructed by a competent private tutor for the entire length of the
school term in every scholastic year except that every child attending a
church school as defined in Section 16-28-1 is exempt from the
requirements of this section, provided such child complies with
enrollment and reporting procedure specified in Section 16-28-7.
Admission to public school shall be on an individual basis on the
application of the parents, legal custodian or guardian of the child to
the local board of education at the beginning of each school year, under
such rules and regulations as the board may prescribe.
(School Code 1927, §301; Code 1940, T. 52, §297; Acts 1956, 2nd Ex. Sess., No. 117, p. 446, §3; Acts 1982, No. 82-218, p. 260, §4.)
Section16-28-5
Private tutor.
Instruction by a private tutor means and includes only instruction by
a person who holds a certificate issued by the State Superintendent of
Education and who offers instruction in the several branches of study
required to be taught in the public schools of this state, for at least
three hours a day for 140 days each calendar year, between the hours of
8:00 A.M. and 4:00 P.M., and who use the English language in giving
instruction. Such private tutor shall, Prior to beginning the
instruction of any child, file with the county superintendent of
education, where his place of instruction is in territory under the
control and supervision of the county board of education, or the city
superintendent of schools, where his place of instruction is in
territory under the control and supervision of a city board of
education, a statement showing the child or children to be instructed,
the subjects to be taught and the period of time such instruction is
proposed to be given. Such tutor shall keep a register of work, showing
daily the hours used for instruction and the presence or absence of any
child being instructed and shall make such reports as the State Board of
Education may require.
(School Code 1927, §303; Code 1940, T: 52, §300.)
Section16-28-7
Report of enrollment.
At the end of the fifth day from the opening of the public school,
the principal teacher of each public school, private school, and each
private tutor, but not church school, shall report on the forms
prescribed by the State Superintendent of Education to the county
superintendent of education, in the event the school is operated in
territory under the control and supervision of the county board of
education, or to the city superintendent of schools, in the event the
school is operated in territory under the control and supervision of a
city board of education, the names and addresses of all children between
the ages of seven and 17 years who have enrolled in such schools; and
thereafter, throughout the compulsory attendance period, the principal
teacher of each school and private tutor shall report at least weekly
the names and addresses of all children between the ages of seven and 17
years who enroll in said school or who, having enrolled, were absent
without being excused, or whose absence was not satisfactorily
explained by the parent, guardian, or other person having control of the
child. The enrollment and attendance of a child in a church school
shall be filed with the local public school superintendent by the
parent, guardian, or other person in charge or control of the child on a
form provided by the superintendent or his agent which shall be
countersigned by the administrator of the church school and returned to
the public school superintendent by the parent. Should said child cease
attendance at a church school, the parent, guardian, or other person in
charge or control of the child shall by prior consent at the time of
enrollment direct the church school to notify the local public school
superintendent or his agent that said child no longer is in attendance
at a church school.
(School Code 1927, §309; Code 1940, T. 52, §306; Acts 1982, No. 82-218, p. 260, §5.)
Section 16-28-16
Cases of non-enrollment and nonattendance; withdrawal of enrollment.
(a) It shall be the duty of the county superintendent of education or
the city superintendent of education, as the case may be, to require
the attendance officer to investigate all cases of non enrollment and of
nonattendance. In all cases investigated where no valid reason for
non-enrollment or nonattendance is found, the attendance officer shall
give written notice to the parent, guardian, or other person having
control of the child. In the event of the absence of the parent,
guardian, or other person having control of the child from his or her
usual place of residence, the attendance officer shall leave a copy of
the notice with some person over 12 years of age residing at the usual
place of residence, with instructions to hand the notice to the parent,
guardian, or other person having control of the child, which notice
shall require the attendance of the child at the school within three
days from the date of the notice. In the event the investigation
discloses that the non-enrollment or nonattendance was without valid
excuse or good reason and intentional, the attendance officer shall be
required to bring criminal prosecution against the parent, guardian, or
other person having control of the child.
(b) Each child who is enrolled in a public school shall be subject to
the attendance and truancy provisions of this article except that any
parent or parents, guardian or guardians who voluntarily enrolls their
child in public school, who feel that it is in the best interest of that
child shall have the right to withdraw the child at any time prior to
the current minimum compulsory attendance age.
(School Code 1927, §314; Code 1940, T. 52, §311; Act 99-705, 2nd Sp. Sess.,p. 222, §1; Act2001-344, p. 446, §1.)
Section 16-1-11
Private schools to register and report; section not applicable to church schools.
All private schools or institutions of any kind having a school in
connection therewith, except church schools as defined in Section
16-28-1, shall register annually on or before October 10 with the
Department of Education and shall report on uniform blanks furnished by
the State Superintendent of Education, giving such statistics as relate
to the number of pupils, the number of instructors, enrollment,
attendance, course of study, length of term, cost of tuition, funds,
value of property and the general condition of the school.
(School Code 1927, §599; Code 1940, T. 52, §547; Acts 1982, No. 82-218, p. 260, §2.)
SUPP. NO. 98-4
INSTRUCTIONAL SERVICES
290-3-1-.02(7) 290-3-1-.02(7)(b)1.(ii)(II)
(7) Student Personnel – Admission
(a) Admission to public school:
1. Admission to public school shall be on an individual basis, on the
application of the parents, legal custodian or guardian of the student,
to the local board of education, at the beginning of each school year,
under such rules and regulations as the local board may prescribe.
(i) Legal names shall be used on each student's application for admission to public school.
(ii) Each student's Social Security Number shall be used on the
application for admission to public school. (see AAC Rule 290-3-1-.02
(4)(b)(2) for effective dates.)
(b) The local board of education is responsible for adopting policies
of admission and attendance within the framework of state law and State
Board of Education policies. These policies should be clearly stated,
followed implicitly and given publicity in the area to be served in the
spring and fall before schools officially open.
1. Regulations Governing School Attendance Standards and the Operation of Motor Vehicles.
(i) Local Education Agency (LEA) Responsibilities.
(I) The school system shall provide adequate information to each
student concerning the rights, penalties, and guidelines provided in
this act.
(II) The superintendent or his designee shall, upon request of the
student, provide and complete Part I of the Student Enrollment/Exclusion
Status form to indicate enrollment status for any student 15 to 19
years of age. Enrollment means a student is:
I. Enrolled in public school;
II. Enrolled in a General Education Development (GED) program;
III. Enrolled in a job-training program approved by the State Superintendent of Education; or
IV. Exempted for circumstances beyond the control of the applicant as defined in SDE guidelines.
(III) The superintendent or his designee shall use the Student
Enrollment/Exclusion Status form to notify the Department of Public
Safety (DPS) of:
I. Students who have requested enrollment status and are not enrolled, or
II. Students who are 16 to 19 years of age with more than 10
consecutive or 15 cumulative days of unexcused absences during a single
semester.
(IV) The superintendent or his designee shall advise a student of any report sent to the DPS related to the student.
(V) The local board of education shall adopt a policy related to this Act that is consistent with the SDE guidelines.
(VI) The school system shall implement any appeals policy following guidelines adopted by the SDE.
(ii) State Department of Education (SDE) Responsibilities. The SDE shall:
(I) Develop a form for documenting enrollment status;
(II) Adopt an appeals procedure and
SUPP. NO. 02-3
INSTRUCTIONAL SERVICES
290-3-1-.02(7)(j) 290-3-1-.02(7)(l)
(j) Transfers from non-Accredited Schools/School Setting(s). Any
school/school setting not accredited by an accrediting agency
recognized by the State Board of Education shall be considered a
non-accredited school for the purpose of transfer of class/grade credit. Core courses shall be defined as English, mathematics, science, and social studies.
1. The transfer of credits and/or appropriate placement shall be as follows:
(i) Credit for elective courses shall be transferred without validation.
(ii) Non-contested credit for core courses shall be transferred as follows:
(I) Using all official records and nationally standardized tests, the
principal or his/her designee shall determine placement and notify the
student and the parent(s)/guardian(s).
(II) If the parent(s)/guardian(s) agrees with the placement decision, the student shall be placed.
(III) Following placement, for any initial core course successfully
completed, transfer of previous credit earned at a non-accredited
school(s) in that subject area shall be accepted without further
validation.
(iii) Contested credit for core courses shall be transferred as follows:
(I) If the parent(s)/guardian(s) disagree with the placement
decision, the principal or his/her designee shall supervise the
administration of the school's most recent semester test for each
prerequisite core course in which the parent/guardian is requesting
enrollment. For each test the student passes as determined by the school
grading scale, the student shall be placed in the next level core
course and credit shall be transferred for prerequisite courses.
(II) For any test failed, placement shall be made as originally
recommended by school officials and no credit shall be transferred for
the prerequisite course(s) in that subject.
2. In the event of controversial records/transcripts or the absence
of records, the student shall take placement tests consisting of the
school's previous semester tests for core courses.
(k) Transfers from Accredited Schools:
A student transferring to an Alabama public school from a public or
non-public school accredited by an accrediting agency recognized by the
State Board of Education will have all credits and current class/grade
placement accepted without validation upon the receipt of an official
transcript(s).
(l) High School Graduation Exam/Local Board of Education Requirements:
All transfer students must pass the Alabama Basic Skills Exit
Exam/Alabama High School Graduation Examination and meet local board of
education graduation requirements.
SUPP. NO. 98-4
INSTRUCTIONAL SERVICES
290-3-1-.02(8.1)(h-l) 290-3-1-.02(8.1)(o-l)
(h-l) Except in case of bona fide change of residence or other circumstances equally valid for making an exception, a
student is not to be graduated from high school unless he has been in
continuous attendance therein during the entire high school year
immediately preceding the date of graduation. If so desired, a
local board of education may require students residing within its
attendance zone and transferring from a non-accredited school/school
setting to attend its school(s) for two (2) entire high school years
immediately preceding the date of graduation. In the event of the
transfer from one school to another of a twelfth grade student who
wishes to become a candidate for graduation at the end of the year, the
school receiving the student should require approval in writing of the
transfer and the student's candidacy for graduation from the principal
of the school from which the student has withdrawn. The letter of
approval together with the necessary memoranda should be filed with the
transcript of the student's record from the discharging school. In case
of doubt as to procedure or appropriate action in such case, either or
both of the principals of the schools concerned should discuss the
matter with the State Department of Education.
(i-l) High school diplomas shall be issued only upon the authority of
the county or city board of education and shall be on forms prescribed
or approved by the board. Diplomas shall bear the signature of the local
superintendent of education and the principal of the school. It is
recommended that the signature of the chairman of the city or county
board of education be included also.
(j-l) All state public secondary schools shall have the “Great Seal of Alabama” on the face of the diploma issued by the school.
(k-l) High schools not authorized to issue a diploma as result of GED
tests or any other tests with exception of the Alabama High School
Graduation Exam which must be passed in conjunction with the units
listed AAC Rule 290-3-1-.02 (8.1)(a-l).
(l-l) In special cases a student may be enrolled in fewer than four
subjects if circumstances warrant a special schedule. This must be
approved by the principal.
(m-l) Special Education students should follow the program guidelines of the State Department of Education.
(n-l) Adult Basic Education students will follow the prescribed regulations for adults.
(o-l) All schools shall follow the course offering requirements
contained in courses of study as published by the Alabama State
Department of Education. A list of courses of studies may be obtained
without cost from the State Superintendent of Education, Montgomery, AL
36130.
EQUAL EDUCATIONAL OPPORTUNITIES
Etowah County School System does not discriminate on the basis of
sex, race, national origin, creed, age, marital status or disability in
its educational programs, activities, or employment policies as required
by Title VI ABD Title VII of the 1964 Civil Rights Act, Title IX of the
1972 Educational Amendments and Section 504 of the Federal
Rehabilitation Act of 1973, and the Americans with Disabilities Act
(ADA). Etowah County School System utilizes curriculum materials that
reflect the cultural and racial diversity present in the United States
and the variety of careers and roles open to women, as well as men, in
our society. An objective of the total curriculum and teaching
strategies is to reduce stereotyping and to eliminate bias on the issue
of sex, race, religion and disability. The curriculum should foster
respect and appreciation for the cultural diversity found in our country
and an awareness of rights, duties and responsibilities of each
individual as a member of pluralistic society. Inquiries regarding
compliance with Title VI, Title IX, Section 504, and ADA may be directed
to the Federal Programs Coordinator, Etowah County Board of Education,
3200 West Meighan Boulevard, Gadsden, AL 35904; (256) 549-7560.