Dear Representative Turnham:

    This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION
   Other than the state laws requiring parents to report attendance and for church schools to report if a student is no longer in attendance at such a church school, is there any provision of Alabama law that permits or requires any state local authority to regulate a church school?

FACTS AND ANALYSIS
   Church schools as defined in Code of Alabama 1975, §16-28-1(2) are exempt from governmental regulations. The law requires mandatory or compulsory attendance of all children between the ages of 7 and 16 years at either a public, private, or church school. Code of Alabama 1975, §16-28-2.1 and §16-28-3. Parents who enroll their children in church schools are required by §16-28-7, Code, to report their children's attendance to the local superintendent of education. The church school notifies the superintendent if a child no longer attends the church school.

   Church schools are exempt from regulations or state laws governing public and private schools. Code of Alabama 1975, §16-28-24. There is no statutory authority authorizing or requiring any state or local authority to regulate church schools, which may conduct classes in any manner they see fit. There is no requirement that church school teachers be certified or that a church school be accredited by the state or any private agency. No state or governmental agency has the authority to regulate a church school.

CONCLUSION
   Other than the state laws requiring parents to report attendance and for church schools to report if a student is no longer in attendance at such a church school, there is no provision of Alabama law that permits or requires any state or local authority to regulate a church school.

   I hope this sufficiently answers your question. If our office can be of further assistance, please contact Jane LeCroy Brannan of my staff.

Sincerely,
Bill Pryor, Attorney General