Non-Public School Law (Homeschool)

Act 2014-245 SB38: Autonomy of Non-Public Schools

At Res Novae Academy, we represent the true intent of the Alabama Law

This is the law all non-public school programs fall under.  

In Alabama, state law requires that children of compulsory school age be enrolled in an educational program. However, the state also explicitly recognizes a parent’s legal right to direct their child’s education, unless a court order restricts or revokes that right.

The two pathways to achieve compliance:

1. Public School – This includes traditional brick-and-mortar schools, charter schools, and virtual public schools. Note: Programs like Alabama Connections Academy and K12 are public school-at-home programs, not homeschooling programs.
2. Non-Public School – This category includes private schools, church schools, parochial schools, private tutors, and independent homeschool education programs.

Non-Public School Autonomy: 

Alabama law does not regulate non-public schools. Under Act 2014-245, often referred to as the “Private School Law,” states that non-public schools, including homeschool programs, operate independently and without state oversight.

Zero Reporting Requirements for Non-public Schools:

Simply stated: There is nothing to report at any time to anyone.  There is no prohibition from voluntary participation of reporting information to State and Local governments regarding the non-public school education program. However, there is no legal basis or requirement to do so.

Non-public Schools including Homeschool: you are not required to:

• Notify or report information regarding your program including homeschooling status
• Submit letters of intent. (Homeschool)
• Follow a specific curriculum or notify anyone of the curriculum you use
• Track the number of school days or hours.
• Maintain portfolios or educational plans.
• Provide nor submit any medical information such as immunizations to any state or local government entity.
• Notify anyone of students enrolled in your school (or when they are removed from your program)
• There are no testing requirements

Who oversees Non-public school compliance in Alabama? 

There is no state or local official tasked with monitoring non-public school compliance. This autonomy means there is no legal framework exists to hold non-public school education programs including homeschoolers accountable to any regulations including that of public school standards, such as attendance requirements or curriculum approval. Truancy officers, for example, cannot enforce public school attendance laws on non-public schools.

Important note on withdrawing from public school:

If your child is transferring from a public school to a non-public school education program, you must formally withdraw them from the public school system. Failure to do so may result in a truancy investigation.

Restrictions on Local Public Schools:

Local public schools and school districts are prohibited by law (Act 2014-245) from creating their own regulations for non-public schools. For example, they cannot require an NPS to:

• Provide a notice of intent to homeschool.
• Provide list of enrolled students
• Report their curriculum.
• Submit attendance records.

Exceptions to Autonomy:

The autonomy of non-public school education programs may be affected when they accept public funds. For example, private schools and vendors participating in taxpayer-funded programs administered by a governmental agency, such as the child nutrition program or Choose Act ESA programs, may be subject to specific regulations tied to those funds.  The burden is generally placed upon the vendor providing the services more so that the party receiving the services.