Utah Homeschool Affidavit: Why It No Longer Exists After HB 209

If you search for "Utah homeschool affidavit," you'll find dozens of blog posts and district websites instructing you to complete a notarized affidavit before you can legally homeschool. Most of those instructions are wrong — not just outdated, but legally inaccurate. In May 2025, Utah eliminated the affidavit requirement entirely.

Here's what actually changed and what you need to file today.

What the Affidavit Was

Before May 2025, Utah Code §53G-6-204 required parents to file a formal notarized affidavit with their school district to claim a homeschool exemption from compulsory attendance. The affidavit served as the parent's sworn legal declaration that they were assuming responsibility for their child's education and providing "equivalent instruction."

In practice, this meant parents had to:

1. Complete a district-provided affidavit form
2. Sign it in front of a notary public
3. Submit the notarized document to the school district

Some districts added requirements on top of the state baseline — asking parents to attest to criminal background history, include curriculum details, or provide additional disclosures. None of those extra requirements were mandated by state law, but many parents complied because they didn't know the boundaries.

What HB 209 Changed

House Bill 209, passed during the 2025 Utah legislative session and signed into law in May 2025, made four specific changes to §53G-6-204:

The affidavit was replaced with a Notice of Intent. The law now uses the term "one-time initial notification" or "letter of intent" — not affidavit, not sworn statement, not notarized document. You write a simple letter stating your intent to homeschool, and that satisfies the filing requirement.

Notarization is no longer required. There is no sworn oath, no notary requirement, and no formal declaration required. A standard letter with the required information is sufficient.

Background check authority was removed. Districts previously had some basis to request background check attestations from parents. HB 209 explicitly removes the authority of local education agencies to run or demand background checks from homeschooling parents.

Explicit prohibitions on district overreach were added. §53G-6-204(2)(d) now prohibits districts from demanding lesson plans, attendance records, parent credentials, home inspections, or standardized testing as a condition of maintaining the exemption.

What You File Now: The Notice of Intent

The Notice of Intent (sometimes called a letter of intent) replaces the affidavit. It needs to include:

• Your full name and home address
• Your child's full name, date of birth, and grade level
• A statement that you assume sole responsibility for your child's education under §53G-6-204

You can write this yourself — you do not need to use a district-provided form. Districts often provide forms that include optional or non-statutory fields. You are not required to complete those fields. If a district form asks for your curriculum, your teaching credentials, or your reason for homeschooling, those fields are optional under current Utah law.

The notice is a one-time filing per district of residence. Once submitted and acknowledged, it remains valid for as long as you live in that district. There is no annual renewal.

What Happens After You File

The district is required to acknowledge your Notice of Intent and issue a Certificate of Exemption within 30 days. This certificate is your legal proof that your child is exempt from compulsory attendance requirements.

The Certificate of Exemption is what you take to your child's school to formally complete the withdrawal. You'll use it to:

• Clear the student from enrollment rolls
• Return school property
• Request the student's academic records

Keep the certificate on file. You may need it later for sports eligibility, dual enrollment applications, or if any district inquiry arises.

If Your Old Affidavit Is Still on File

If you filed a notarized affidavit prior to May 2025, you do not need to refile under the new system. Granite School District, for example, explicitly notes on their website that families who filed a prior affidavit do not need to submit a new notice. Your previous filing remains valid. Check with your specific district if you're unsure about the status of your existing exemption.

Why Outdated Information Is Still Circulating

The affidavit change is recent, and the internet moves slowly. Blog posts written in 2023 or 2024 still reference the affidavit process. Some district websites have not yet updated their materials. You may still find PDF forms labeled "Affidavit for Home School Instruction" on district portals that haven't been refreshed since the law changed.

If you're handed an affidavit form by a district office, you can point to §53G-6-204 as amended by HB 209. The current law does not require an affidavit or notarization, and you are within your rights to use a simple letter of intent instead.

Common Questions About the Utah Filing Process

Does the Notice of Intent expire? No. It's a one-time filing per district of residence and remains valid indefinitely as long as you live in that district.

What if I move to a different district? File a new Notice of Intent with the new district. Notify the old district of your departure in writing.

Do I need a lawyer to draft the Notice of Intent? No. A straightforward letter with the required information is sufficient.

Can the district reject my Notice of Intent? Not for the content of your letter. A district can only decline a Notice of Intent if your student is currently under a court order requiring school attendance for truancy. In that case, the court order must be resolved before withdrawal.

Do I need to list my curriculum in the notice? No. Utah law does not require curriculum disclosure at any stage of the homeschool process.

Getting the Current Template

Since many online resources still describe the old affidavit process, parents who want the current, legally accurate Notice of Intent template for their specific district — along with instructions for submission and what to do if the district pushes back — can find everything in the Utah Legal Withdrawal Blueprint.

The law changed in your favor in 2025. The process is simpler than it used to be. The main task is making sure you're filing the right document in the right way — which means ignoring the outdated instructions still floating around from before HB 209.

See more United States homeschool guides →