FILING YOUR AFFIDAVIT

Homeschooling Affidavit Process

To educate your child at home, you must submit a signed affidavit to your school district. Although the law doesn’t dictate the time of year, this is usually done during the summer months. By submitting the affidavit, you are informing the school district that your child will attend a home school and that you assume sole responsibility for your child’s education.

The Exemption Process

The law states that once you submit your affidavit, it will remain on file and in effect with the school district. The district will send you an exemption certificate for the current school year for your student within 30 days after you submit your affidavit. The district will then send you a current exemption certificate for your student each year by August 1st. (Some districts have been sending an exemption form that remains valid as long as the affidavit is on file. If you receive this form of exemption they will not send one each year. Just hold onto the one they sent.) You DO NOT need to re-file your affidavit each year. As long as you are still homeschooling in the same school district, your affidavit remains valid.

If you move out of the district or stop homeschooling, notify your school district in writing. If you wish to continue homeschooling in a new district in Utah, file a new affidavit with the new district. If you stopped homeschooling and wish to do so again, simply file a new affidavit.

The exemptions process is very simple:

Provide an affidavit.
Deliver your affidavit to your school district (by mail or by hand). You DO NOT need to do this annually.
Wait to receive your certificate of exemption from the school district (within 30 days the first time, then each year by August 1st.) If the exemption states that it is good for the duration of the affidavit then you will only receive it once.

1. Provide an Affidavit

Utah law allows you to submit your own affidavit. So, you are not required to use an affidavit provided by your school district. Although many school districts provide sample affidavits for you to use, we recommend that you create your own affidavit or use one of the sample affidavits below.

Creating Your Own Affidavit

Creating your own homeschooling affidavit is not difficult. You can simply write a letter indicating that your child will attend a home school and receive instruction as required by law. You must also state that you have not been convicted of child abuse as defined in Utah Code 53G-6-204. That’s it. To avoid having your child’s information made available in directory listings, you might consider adding a phrase indicating that you don’t allow that (see the sample affidavits).

A Note About Using District Forms

If you choose to use an affidavit provided by your school district, be sure to carefully read the affidavit before signing it. Some school district forms may ask for information that is not required by law. For example, they may ask the reason you are educating your child at home, the curriculum you are using, etc. You are not required to provide this information. If you disagree with any of the language on the district’s form, you can simply cross it out.

2. Deliver Your Affidavit to Your School District

Once your affidavit is ready, either mail it to your school district or deliver it by hand. Be sure to make a copy of the signed affidavit for your records. When sending your affidavit by mail, you might consider sending it by certified mail to ensure that it gets there.

3. Wait to Receive Your Certificate of Exemption

Within 30 days of first receiving your signed affidavit, your school district is required by law to issue you a certificate stating that your child is excused from attendance. Your school district cannot tell you no. Most school districts’ certificates of exemption expire in June of each year. As long as your affidavit is on file with the district, it remains in effect. The district will send you an exemption certificate each year by August 1st.

Homeschool Affidavit Sample Templates

The sample affidavits below can give you an idea of what a homeschooling affidavit looks like. You may use these sample affidavits or create your own. The first affidavit is in letter format, the second is formatted as a form.

LETTER:

[Your Name]

[Your Address]

Attn: Planning and Enrollment

[Your School District’s Name]

[Your School District’s Address]

[Your School District’s Name],

This Letter is to notify you that my children, [children’s names], will attend home school and I assume full responsibility for the education of these school-age minors, except to the extent the school-age minors are dual enrolled in a public school as provided in Section 53A-11-102.5 of the Utah State Code.

I certify that I have not been convicted of or had a substantiated finding against me of child abuse as defined in Utah Code 53G-6-204. I understand that if I become convicted or have a substantiated finding against me of child abuse in the future I will not be able to assume responsibility for my child’s education from that time forth.

I expressly prohibit the release of any and all information contained in this affidavit, including directory information as defined in 20 U.S.C. subsection 1232g(a)(5)(A), without prior written consent by the undersigned. In addition, the above information shall be classified as PRIVATE under Utah State Law.

Respectfully,

[Your Signature]

[Your Typed Name]

Sworn before me on this ______day of _____________, 20_____

____________________________________ [SEAL]

NOTARY

FORM:

AFFIDAVIT FOR HOME SCHOOL INSTRUCTION

Student Name(s)

________________________________ ________________________________

Address:	City:	Zip:
Parent/Guardian:	Address (if different from student):

The undersigned parent or guardian certifies by this affidavit that the student named above will attend a home school and assumes sole responsibility for the education of the school-age minor, except to the extent the school-age minor is dual enrolled in a public school as provided in Section 53A-11-102.5 of the Utah State Code.

The undersigned parent or guardian further certifies by this affidavit that he/she has not been convicted of or had a substantiated finding against him/her of child abuse as defined in Utah Code 53G-6-204. The undersigned parent or guardian understands that if he/she becomes convicted or has a substantiated finding against him/her of child abuse in the future he/she will not be able to assume responsibility for the education of the student named above from that time forth.

The undersigned expressly prohibit the release of any and all information contained in this document, including directory information as defined in 20 U.S.C. subsection 1232g(a)(5)(A), without prior written consent by the undersigned. See 20 U.S.C. § 1232g (a)(5)(B). In Addition, the above information shall be classified as PRIVATE under Utah State Law.

To be signed before a Notary:

___________________________________________ ____________________

Signature of Parent or Guardian Date