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House passes homeschooling bill that removes annual affidavit, sets reintegration provisions
Summary
First substitute Senate Bill 39 streamlines homeschooling requirements (one-time affidavit, removal of mandated curriculum/hours) and creates a 30‑day reintegration assessment for students returning to public school. The measure passed 52–17 after extended debate and a floor amendment requiring consultation with the school administrator.
The Utah House passed first substitute Senate Bill 39 on March 11, 2014, a wide‑ranging change to homeschooling rules that reduces state‑mandated requirements and eases the process for families and schools when students return to public classrooms.
Sponsor Representative Notwell said SB39 removes the state‑mandated curriculum requirement and the state‑mandated number of hours for homeschool families, replaces the annual affidavit with a one‑time affidavit per district, and establishes a 30‑day reintegration process. Notwell described the bill as reinforcing parents’ “fundamental liberty interest as it relates to the education of their child” and said the change was intended to provide flexibility while creating a fair process for returning students.
Opponents raised concerns about academic standards, testing and grade placement when students reenter public schools. Representative Moss warned the measure could create “two distinct tracks” with differing standards and said the bill had “a lot of things that are problematic.” Representative Polson and others argued the state’s constitutional obligation is to provide a public education system and expressed concern that removing instructional requirements weakens that obligation.
Representative Menlove offered and the House adopted a grammatical/clarifying amendment that inserts “and in consultation with the school administrator” after the word guardian on line 124 to ensure school administrators are involved in placement decisions. The sponsor agreed summation and the House passed the bill 52–17; it will return to the Senate for consideration.
Supporters—many of them saying they or family members had homeschooled—argued the rule changes relieve an administrative burden and respect parental responsibility for instruction. Opponents focused on equity concerns for public school students and potential administrative strain when students reenter midyear.
The record shows the bill preserves mechanisms for districts to assess returning students (teacher assessment or privately funded third‑party assessment) and that the statute continues to permit assessment‑based placement decisions within 30 days of reentry.
