However, in the past two decades home educators and the county and city school districts have established a procedure for legal home schooling in Alabama that offers a minimum of government regulation. In fact, our attorneys at the Home School Legal Defense Association tell us that Alabama's system of home education is the best in the nation because it offers greater freedom and protection for home schooling families.

There are two ways to home school legally in Alabama. One is the "Tutorial Law" (Ala. Code §16-28-5). Under this statute a certified teacher may instruct a student or students privately. The tutor must submit to monitoring by the local school district officials, and hold school a minimum of 140 days a year at certain times. This option is not available to most home educators.

The second and preferred way is known as the "Church School Law" (Ala. Code §16-28-3). Under this statute students between the ages of 7 and 16 are exempt from the state's compulsory school attendance law if they are enrolled in schools operated by a church or association of churches.

To facilitate home schooling, a church may form a school in which parents are enrolled as teachers and students are assigned to classes taught by their parents at home. Church schools are exempt from all state accreditation, teacher certification, and regulatory requirements. The only requirement is that the parent must submit a church school enrollment form to the local school district office indicating the church school in which the student is enrolled.

In the nearly two decades we have been doing this the system has proven to be effective in making home education legal in our state with minimal government control and intervention.

In the last several years there have been calls for the Legislature pass a home school law for Alabama. CHEF is opposed to a home school law at this time because it will more than likely result in greater government regulation of home schooling. We are advised that the system we have is the best in the nation, least subject to government control and based on religious belief. In fact, the Alabama model has been adopted by Tennessee and California.

Legal Resources. For additional resources on the legal aspects of home schooling in Alabama please visit the following:

Excerpts from the Code of Alabama. Here we have provided excerpts from the Code of Alabama specifically affecting home schooling in this state. We included the "Tutorial Law," the "Church School Law," and the requirement to file a Church School Enrollment Form.

Attorney General's Opinion. In 1996 a state legislator sought clarification of home schooling in Alabama from Attorney General Bill Pryor. We have provided the complete text from his opinion, which comments on the "Church School Law."

Home School Legal Defense Association Summary. The Home School Legal Defense provides a summary of the requirements for home schooling under Alabama law.