20-5-109. Nonpublic and home school requirements for compulsory enrollment exemption. (1) To qualify its students for exemption from compulsory enrollment under 20-5-102, a nonpublic school:

(a) shall maintain records on pupil attendance and disease immunization and make the records available to the county superintendent of schools on request;

(b) shall provide at least the minimum aggregate hours of pupil instruction in accordance with 20-1-301 and 20-1-302;

(c) must be housed in a building that complies with applicable local health and safety regulations; and

(d) shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111.

(2) To qualify its students for exemption from compulsory enrollment under 20-5-102, a home school:

(a) shall notify the county superintendent of schools of the county in which the home school is located in each school fiscal year of the student's attendance at the school;

(b) shall maintain records on pupil attendance and make the records available to the county superintendent on request;

(c) shall provide at least the minimum aggregate hours of pupil instruction in accordance with 20-1-301 and 20-1-302; and

(d) shall provide an organized course of study that includes instruction in the subjects required of public schools as a basic instructional program pursuant to 20-7-111.