- Homschool
Legal Option Explanation
- You have three (3) options to home school in South
Carolina.
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SSN Info:
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You do not need to provide any
Social Security number to anyone. The Social Security number is for
Federal USE only! (The
Social Security Number (SSN) was created in 1936 as a nine-digit account
number assigned by the Secretary of Health and Human Services for the
purpose of administering the Social Security laws. SSNs
were first intended for use exclusively by the federal government as a
means of tracking earnings to determine the amount of Social Security
taxes to credit to each worker's account. Over time, however, SSNs were
permitted to be used for purposes unrelated to the administration of the
Social Security system. For example, in 1961 Congress authorized the
Internal Revenue Service to use SSNs as taxpayer identification numbers.
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In response to growing concerns over the
accumulation of massive amounts of personal information, Congress passed
the Privacy Act of 1974. Among other things, this Act makes it unlawful
for a governmental agency to deny a right, benefit, or privilege
merely because the individual refuses to disclose his SSN.
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Section 7 of the Privacy Act further
provides that any agency requesting an individual to disclose his SSN must
"inform that individual whether that disclosure is mandatory or
voluntary, by what statutory authority such number is solicited, and what
uses will be made of it." At the time of its enactment, Congress
recognized the dangers of widespread use of SSNs as universal identifiers.
In its report supporting the adoption of this provision, the Senate
Committee stated that the widespread use of SSNs as universal identifiers
in the public and private sectors is "one of the most serious
manifestations of privacy concerns in the Nation." Short of
prohibiting the use of the SSN outright, the provision in the Privacy Act
attempts to limit the use of the number to only those purposes where there
is clear legal authority to collect the SSN. It was hoped that citizens,
fully informed where the disclosure was not required by law and facing no
loss of opportunity in failing to provide the SSN, would be unlikely to
provide an SSN and institutions would not pursue the SSN as a form of
identification.)
- How
to Protect Your SSN
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Title 30. PUBLIC RECORDS Chapter 2. FAMILY PRIVACY PROTECTION ACT OF 2002
SECTION 30-2-20. Privacy policies and procedures required of all state
entities. [SC ST SEC 30-2-20] All state agencies, boards, commissions,
institutions, departments, and other state entities, by whatever name known,
must develop privacy policies and procedures to ensure that the collection of
personal information pertaining to citizens of the State is limited to such
personal information required by any such agency, board, commission,
institution, department, or other state entity and necessary to fulfill a
legitimate public purpose. SECTION 30-2-30. Definitions. [SC ST SEC 30-2-30]
For purposes of this act, the following terms have the following meanings: (1)
"Personal information" means information that identifies or
describes an individual including, but not limited to, an individual's
photograph or digitized image, social security number, date of birth, driver's
identification number, name, home address, home telephone number, medical or
disability information, education level, financial status, bank account
numbers, account or identification number issued by or used, or both, by any
federal or state governmental agency or private financial institution,
employment history, height, weight, race, other physical details, signature,
biometric identifiers, and any credit records or reports. (2) "Legitimate
public purpose" means a purpose or use which falls clearly within the
statutory charge or mandates of an agency, board, commission, institution,
department, or other state entity.
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Curriculum
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Use of a correspondence courses does not, alone, constitute
a school under compulsory school
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attendance laws. 1984 Op Atty Gen, No 84-12. p. 42.
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Immunizations
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Q. Do home schools have to obtain immunizations?
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A. DHEC Regulation 61-8, upon which the
immunization reporting is based, applies to the admission of a child “to any
public, private, or parochial school . . . or any child development program
under the control of the Department of Education. . . . ” Section 59-65-45
and Section 59-65-47 of the Code of Laws of South Carolina, are neither
schools nor child development programs. They do not admit students, so they
need not comply with the regulation requiring
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schools to receive a Certificate of Immunization from students
prior to admittance. Students do not enroll in or attend
a home school association but are enrolled in and attend their family’s home
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school.
It is also noteworthy that local school
districts in South Carolina do not include home schooling families in their
immunization reports to DHEC. Under Section 59-65-40 of the Code, these
families
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obtain the approval of the local district for their home
schooling program. But these students are not enrolled in or admitted to the
public school and therefore do not present a Certificate of
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Immunization to the school.
There are also practical considerations for not
including home schools in the immunization reporting requirements.
Communicable diseases are typically transmitted in a classroom or playground setting when students from different families come into contact
with each other. Since only family members are present in the home school, the
same potential for transmission of these diseases
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does not exist.
State law requires Section 59-65-45 and Section
59-65-47 of the Code of Laws of South Carolina home school associations to
report the number and grade level of children home schooled through their associations to the children’s respective school
districts by January 30 of each year. Beyond this, there are no requirements
for any home school association to disclose additional information
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about its member families.
From: HSLDA-Home
School Legal Defense
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Who can teach the child
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Statutory provisions
do not authorize students to be taught by anyone other than their parents or
guardians in a home instruction setting. 1989 Op Atty Gen, No 89-22, p. 60.
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Requirements of
59-65-40 must be met before parents or guardians may teach their children at
home.
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This is so regardless
of whether, in absence of 59-65-40, home instruction would constitute private
school or "member school" of organization of other home schools
within meaning of 59-65-10.
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1991 Op Atty Gen, No
91-8, p. 36.
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Home
visits
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The home instruction
law does not authorize on-site visits to a home prior to approval of a home instruction program,
nor does it authorize subsequent visits to determine whether standards are being met; prior
visits would only be permissible with the agreement of the parent or guardian
as an alternative to
providing additional information about the place of instruction. 1989 Op Atty
Gen, No 89-22, p. 60.
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DON'T INVITE LAW ENFORCEMENT OR SOCIAL SERVICES INTO YOUR
HOME WITHOUT A WARRANT.
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This waives your right under illegal search and seizure under
the Constitution. This will allow them to come into your home at ANY TIME and
search and seize your children or belongings.
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KNOW YOUR CONSTITUTIONAL RIGHTS The Bill of Rights, part
of the United States Constitution, is the law.
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Unfortunately, we the people, often don't know what our rights
are.
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Legal Attorney (s)
- PPL-PrePaid Legal - http://www.prepaidlegal.com
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Berry, Quackenbush & Stuart, P.A. (Must be a
member of Pre-Paid
Legal)
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Street Address
Berry, Quackenbush & Stuart, P.A.
1400 Main Street, Suite 1400
Columbia, SC 29201
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Web site: http://www.bqslaw.com/pa-education.htm
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LexisNexis - http://www.lexisnexis.com/search/
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- N.H.E.L.D.
http://www.nheld.com/ (NATIONAL
HOME EDUCATION LEGAL DEFENSE)
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- AHSA (Association of Home School Attorneys)
- http://ahsa-usa.org/
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HSLDA (Home School Legal Defense)
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P.O. Box 3000 · Purcellville, VA 20134-9000 Phone: (540)
338-5600
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Fax: (540) 338-2733
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E-mail: info@hslda.org
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Web site: http://www.hslda.org/join/tour5.asp
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(Joining
HSLDA (Home
School Legal Defense) is not
mandated or required to join New Beginnings Home School Association. This
is only an option we are telling you about, should you not be able to afford
PPL or an private attorney.
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NBHSA's Group Member Number is: 299756
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Center For Children's Justice, Inc.
majordomo@childrensjustice.org
CCJ-Forum@Children'sjustice.org
- http;//www.childrensjustice.org
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- ACLU - Contact Information
- Executive Director: Denyse Williams
1338 Main Street, Suite 800
Columbia, SC 29201
Phone: (803) 799-5151
E-mail: ACLUSC@aol.com
- http://www.gocrc.com
Children's Rights Council
Mr. David L. Levy
300 I St. NE Ste 401
Washington, DC 20002-4389
202-547-6227
202-546-4CRC (4727) fax
crcdc@erols.com
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http://www.hslda.org
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HSLDA - Home School Legal Defense - New
Beginnings Home School Association's HSLDA Membership Discount Number is: 299756
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South Carolina Bar Association Pro Bono Program
Primary Address: PO Box 608
City: Columbia
State: SC
Zip: 29202-0608
General Phone: 803-799-4015
Intake Phone: 800-395-3425 x164
Fax: 803-799-5290
Counties Served: Statewide
Case Types: AIDS/HIV, Adoption, Bankruptcy, Consumer, Custody,
Dissolution of
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Marriage, Domestic Violence, Education, Elder Law, Employment,
Health, Housing,
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Immigration, Public Benefits, Real Estate, Termination of
Parental Rights, Wills and
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Estates Case Restrictions: No criminal, no
fee generating
Web Site: http://www.scbar.org
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- Pro Bono by County
- Anderson County
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Legal Services Agency Of Western Carolina, Anderson Branch
Office
Primary Address: PO Box 768
City: Anderson
State: SC
Zip: 29622-0768
General Phone: 803-226-7216
Intake Phone: 800-234-7216
Fax: 803-375-9191
Counties Served: Anderson, Oconee
Case Types: Adoption, Bankruptcy, CED, Consumer, Custody,
Dissolution of Marriage,
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Domestic Violence, Elder Law, Health, Housing, Public Benefits,
Wills and Estates
Case Restrictions: Cases are prioritized.
Web Site: http://lsawc.net
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- Charleston County
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Lowcountry AIDS Services Legal Clinic
Primary Address: 207 East Bay Street
City: Charleston
State: SC
Zip: 29402
General Phone: 803-577-2437
Fax: 803-722-3124
Case Types: AIDS/HIV
Neighborhood Legal Assistance Program
Primary Address: 438 King St
City: Charleston
State: SC
Zip: 29403-6230
General Phone: 803-722-0107
Fax: 803-724-1571
Counties Served: Charleston, Colleton, Dorchester, Georgetown,
Hampton, Merion, Vasper,
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Williamsburg
Case Types: Bankruptcy, CED, Consumer, Custody, Dissolution of
Marriage, Domestic Violence,
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Education, Housing, Individual Rights, Public Benefits,
Termination of Parental Rights, Wills and
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Estates
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- Florence County
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Carolina Regional Legal Services
Primary Address:
- 279 W Evans St
City: Florence
State: SC
Zip: 29501-3427
General Phone: 803-667-1896
Fax: 803-664-2406
Counties Served: Florence
Case Types: Bankruptcy, Consumer, Custody, Dissolution of Marriage,
Domestic Violence, Education,
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Employment, Housing, Public Benefits, Termination of Parental
Rights, Wills and Estates
Case Restrictions: Civil cases only.
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- Greenville County
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Legal Services Agency of Western Carolina, Inc.
Primary Address:
- 1 Pendleton St
City: Greenville
State: SC
Zip: 29601-2539
General Phone: 864-467-3232
Fax: 864-467-3260
Counties Served: Anderson, Abbeville, Edgefield, Greenville, Greenwood, McCormick, Oconee, Pickens Case Types: Adoption, Bankruptcy, CED,
Consumer, Custody, Dissolution of Marriage,
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Domestic Violence, Education, Elder Law, Employment, Health,
Housing, Juvenile, Public Benefits, Real Estate, Termination of Parental Rights, Wills and Estates
Case Restrictions: All LSC restrictions.
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- Richland County
- Palmetto Legal Services
Primary Address: PO Box 2267
City: Columbia
State: SC
Zip: 29202-2267
General Phone: 803-799-9668
Fax: 803-799-9420
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- South
Carolina Gov. & Law Links
- SC Law- http://www.scstatehouse.net/
- SC Attorney General's opinion- http://www.scattorneygeneral.com/opinion.html
- South Carolina General Assembly -
http://www.law.sc.edu/refdessc.htm
- Opinions of the Supreme Court of South
Carolina - http://www.law.sc.edu/opinions/opinions.htm
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South Carolina Legal Resources. Cases,
Decisions, Statutes, Codes & Regulations -
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http://www.rominger.com/state/southcarolina.html
- South Carolina Bar - http://www.scbar.org/
- LII: State Legal Materials - South
Carolina - http://www.law.cornell.edu/states/sc.html
- Administrative Law Decisions and Rules - http://www.law.sc.edu/alj/alj.htm
- South Carolina State Government- http://www.myscgov.com/SCSGPortal/static/home_tem4.html
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Homeschool
Legal
