Q In a number of situations where truancy charges are filed against children and their parents, they take them out of school and enroll them in a home-schooling program. Is there any type of oversight available for these individuals that desire to home-school their children and get them out of the school system?

A Under Section 37-13-91, a child may be enrolled in a legitimate home instruction program, but not for the purpose of circumventing the compulsory attendance law. There is no regulatory authority for such programs, and no statutory definition of a legitimate home instruction program. Ultimately, whether a child is being educated in a legitimate home instruction program is a question of fact to be determined by the proper court. (Attorney Generalís Opinion to Barton, April 26, 2019)