Legal Concerns
All information concerning home-schooling in the State of Alabama is directly sourced from the Alabama State Department of Education website, the online edition of the Code of Alabama 1975, the online edition of the Alabama Administrative Code, and from the Alabama Superintendents Academy. We are only putting it into one place, not offering legal advice.
Attendance
"The collection of information regarding tuition, number of instructors, enrollment, value of property, and general condition of the school, tend to lend themselves to a brick and mortar facility rather than a home school environment."
- ALDSE, FAQ, Non-Public Schools
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Beginning home-school:
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Never been to public school: The law requires guardians to prove their children ages 6-17 are in school by giving their names to the local superintendent. (Intent to Home-school Form) If a student has never attended public or private school, this notification should be given at the beginning of the school year in which the student would start school, with consideration given to birth date. e.g. Student turns 6 after September 2017 and would not ordinarily be enrolled in traditional school until August 2018. Notify superintendent in August 2018 of intent to home-school. This is given only at the initial decision to home-school.
-ALSE FAQ, non-public schools.
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Withdrawing from public or private school: Follow your school's withdrawal procedures outlined in their school handbook to the best of your ability.
Cullman County Handbook (2017-2018) - pg 24 and 25. Please note that under "Transfer of Students", #8 references church schools, but no other type of home-school option is acknowledged. The Code of Alabama, 16-28-2.1 states that "The State Board of Education shall adopt standards for a mandatory and enforceable attendance policy for all students in public schools in the State of Alabama," which creates a single set of regulations pertaining to all schools within the State.
Cullman City Schools - Section VI, 0.2.7 "Transfers and Withdrawals" – No student of compulsory attendance age will be permitted to withdraw from school except in accordance with state law and any withdrawal procedures that may be developed by the Superintendent. [Reference: Ala. Admin. Code 290-3-1-.02]
*Ala. Admin Code 290-3-1-.02 makes no mention of state-wide withdrawal policies for any student other than those students who are homeless. (7)(h). *
Note about Truancy
"Truancy Definition. A parent, guardian, or other person having charge of any child officially enrolled in Alabama public schools (K-12) shall explain in writing the cause of any and every absence of the child no later than three (3) school days following return to school."
- ​Admin Code 290-3-1-.02 (7)(c) "Truancy"
"It is important to note that at every juncture, church schools are exempt from oversight by the state board of education or local boards of education. (See, e.g., Section § 16-28-3 Code of Alabama (1975)." - School Law for the State Superintendent, 56: "Attendance and Instructional Issues", "Compulsory Attendance", "Attendance Requirements"
​Once your student's has been withdrawn from their school and Intent to Homeschool notice has been given to your local superintendent, they no longer fall under the Code of Alabama's definition of "truant".