Definitions (Section 16-28-1):

1. Private School - Includes only such schools that hold a certificate by the State Superintendent of Education, showing that such school conforms to the following requirements:
   • The instruction in such schools shall be by persons holding certificates issued by the State
   • Superintendent of Education;
   • Instruction shall be offered in the several branches of study required to be taught in the public schools of the state;
   • The English language shall be used in giving instruction;
   • A register of attendance shall be kept which clearly indicates every absence of each child from such school for a half day or more during each school day of the school year.
2. Church School - Includes only such schools that offer instruction in grades K-12, or any combination thereof including the kindergarten, elementary or secondary level and are operated as a ministry of a local church, group of churches, denomination and/or association on a nonprofit basis which do not receive any state or federal funding.

Ages of Children Required to Attend School; Church School Students Exempt from Operation of this Section (Section 16-28-3):

Every child between the ages of seven (7) and sixteen (16) years shall be required to attend a public school, private school, church school or be instructed by a competent private tutor (emphasis added) for the entire length of the school term in every scholastic year except that every child attending a church school as defined in Section 16-28-1 is exempt from the requirements of this section, providing such child complies with enrollment and reporting procedure specified in Section 16-28-7.

Private Tutor (Section 16-28-5):

Instruction by a private tutor means and includes only instruction by a person who holds a certificate issued by the State Superintendent of Education and who offers instruction in the several branches of study required to be taught in the public schools of this state, for at least three hours a day for 140 days each calendar year, between the hours of 8:00 a.m. and 4:00 p.m., and who uses the English language in giving instruction. Such private tutor shall, prior to beginning the instruction of any child, file with the county superintendent of education, where his place of instruction is in territory under the control and supervision of the county board of education, a statement showing the child(ren) to be instructed, the subjects to be taught and the period of time such instruction is proposed to be given. Such tutor shall keep a register of work, showing daily the hours used for instruction and the presence or absence of any child being instructed and shall make such reports as the State Board of Education may require.

Report of Enrollment (Section 16-28-7):

The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent(s), guardian(s) or other person in charge or control of the child on a form provided by the superintendent or his agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent(s) or guardian(s). Should said child cease attendance at a church school, the parent(s), guardian(s) or other person in charge or control of the child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his agent that said child no longer is in attendance at a church school.