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South Carolina Third Option Homeschool Law
 

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BREAKING NEWS FLASH


Bush and Cheney Indicted?
Journalist Greg Szymanski called
called the prosecuter's office and
their response was "no comment."
If this was all totally made up
they would certainly distance
themselves from it and not
leave it open.
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South Carolina Federal Prison
Abu Ghraib Right Here
In South Carolina
Federal Prison, Says
Abused Inmate
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The Real Ayman al-Zawahiri
Strangely enough, according
to January 2000 U.S.
Congressional testimony,
al-Zawahiri was granted U.S.
residence by the Immigration
and Naturalization Service
Something almost impossible
for many legitimate immigrants
to obtain.
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US TROOPS under NATO command.
ISAF spokesman Riccardo
Cristoni said most
American troops who stay
in Afghanistan after NATO
takes responsibility for
security nationwide would
come under NATO command.
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Please Remember South
Carolina's Fallen Heroes
of this CONFLICT!
We support our troops..
We don't support this
CONFLICT
SEND OUR Troops
home now!
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Guardsman in Iraq
Punished Over Blog Post
While deployed in Iraq,
Leonard Clark has
been speaking out
against the war and
recently announced his
intentions to run for office.
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'Exercises'Took Place
at Same Time as Real
7/7/05 London Underground
Bombing Attack!
Culpability cover scenario
echoes 9/11 wargames!
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THIS LAND WAS
YOUR LAND...
Supreme Court justice
faces boot from home?
Developer wants
'Lost Liberty Hotel'
built upon property
of Supreme Court
Justice David Souter.
Please DONATE TO
THIS WORTHY CAUSE!
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FBI trawls libraries for
terrorist readers
US law enforcement
agencies have made
more than 200
requests for
information about borrowers
from libraries since
September 11.
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Alex Jones predicted
9/11 attack BEFORE
it happened.
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ACM may have
moved back to
Grand Rapids, but
"South Carolinians for
Responsible Government,"
a front group for
the Illinois-based
"Legislative Education
Action Drive,"
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What SCRG isn't telling you!
Get the facts
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Milwaukee, Wisconsin School Choice Program
In the Milwaukee program,
there has been no evaluation
required for the last
seven years, so
data is sketchy.
However, many cases
of fraud by the
receiving schools have
been documented
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3rd Option Home School Law 

Note: Nothing we say or post is intended to be legal advice and is distributed for the informational purposes only. It is not intended to be, and does not constitute the giving of legal advice. For more information about the laws and regulations in this state please contact your own attorney.

[Note: Home visits

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.] SC ST SEC 59-65-47 homeschools do not have to allow or provide any public official any information about their homeschool without a legal court order.

3rd Option Home School Law: Associations for home schools; requirements.

SC ST SEC 59-65-47
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

[Note: As a result of Lawrence v South Carolina State Board of Education (1991, SC), the requirement of (a) passing score on the basic skills examination or (b) obtaining a baccalaureate degree was repealed.    The requirement that a parent who provides a home schooling program to his or her child must pass the basic skills examination (EEE) is unenforceable, since the process for validating the examination failed to meet the standard of reasonableness where the EEE did not test teaching ability, the panel who evaluated each item of the EEE for task relatedness and bias were not given a description of successful home schooling, and the scores given the examination by those who were home schooled versus those who were not was substantially different. Lawrence v South Carolina State Board of Education (1991, SC).]

(b) the instructional year is at least one hundred eighty days;
(c)  the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and

[Note: Use of a correspondence courses does not, alone, constitute a school under compulsory school attendance laws. 1989 Op Atty Gen, No 84-12. p. 42.]

 
[Note: Standardized Testing
Not required for home schools operating under South Carolina Code of law §59-65-47.  SC ST SEC §59-65-47 exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
 
[Note: There are no set hours to homeschool!  You do not have to homeschool 4 hours a day. You may homeschool in the morning, afternoon, or evening if you so choose.  You are only required to teach 180 days, within the association school year time frame, the mandated subjects of SC ST SEC §59-65-47.  You alone determine what method, style and curriculum you choose to use, with the one exception of the 1989 Op Atty Gen, No 84-12. p. 42. Use of a correspondence courses does not, alone, constitute a school under compulsory school 
attendance laws.
 
SC ST SEC §59-65-47 exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
(d)  educational records shall be maintained by the parent-teacher and include:

(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;

(2) a portfolio of samples of the student's academic work; and

(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.

By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts. (You do NOT have to or need to provide any school district with any paperwork from your home school association.) SC ST SEC §59-65-47 exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.

In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for home schools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.

[Note: 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.]

The State Department of Education shall conduct annually a review of the association standards to ensure that requirements of the association, at a minimum, include: all the above

[Note: HOME SCHOOLS (ANY PARENT or LEGAL GUARDIAN FOR THAT MATTER) do not have to have ANY association paperwork to obtain a copy of your child (ren) educational records. South Carolina Code of Law Section 20-7-100: Rights and duties of parents in regard to their minor children. [SC ST SEC 20-7-100]
"Each parent, whether the custodial or non custodial parent of the child, has equal access and the same right to obtain "all educational records and medical records of their minor children" and the right to participate in their children's school activities unless prohibited by order of the court.

[Note: SOUTH CAROLINA RELIGIOUS FREEDOM ACT SECTION 1-32-10. Short title. [SC ST SEC 1-32-10]
 and the actual law is located Click Here]

[Note: Title 30. PUBLIC RECORDS Chapter 2. FAMILY PRIVACY PROTECTION ACT OF 2002 SECTION 30-2-20.]

 
Note: Immunizations: You may invoke your right of "Religious ExemptionFurther, per an email from the CDC: Immunizations are only "Recommendations, which are not mandated under law."  It is noteworthy that money is paid to every school district,  to the tune of $100.00 per student, whom enrolls in public school and have provided proof of current immunization to said school, upon enrollment, last we checked.  (That equals $100.00 x the number of enrolled and immunized child in every public school! )
Q. Do home schools have to obtain immunizations?
 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 
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 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 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 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 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 about its member families.
From: HSLDA-Home School Legal Defense  

Home schooling of foster child. 

SC ST SEC 59-65-46

Note: Foster parents may home school a foster child.

A foster parent may teach a foster child at home as provided in Sections 59-65-40, 59-65-45, or any other provision of law, if, in addition to any other requirements, home schooling of the child has been approved by the Department of Social Services or other agency having custody of the child.

Compulsory Attendance

SC ST SEC 59-65-10

 All children five years of age before September first until the child or ward attains his seventeenth birthday or graduates from high school are required to attend public, private, or home school. 

EXCEPTION: A parent or guardian whose child or ward is not six years of age on or before the first day of September of a particular school year may elect for their child or ward not to attend kindergarten.  For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides.

However, if a parent or guardian whose child or ward is not six years of age on or before the first day of September of a particular school year elects for their child or ward to legally home school for kindergarten, the parent or guardian DOES NOT need to notify any school district and DOES NOT need to sign any written document with the governing body of the school district in which the parent or guardian resides.

SECTION 59-65-10. Responsibility of parent or guardian; notification by school district of availability of kindergarten; transportation for kindergarten pupils. [SC ST SEC 59-65-10]

(A) All parents or guardians shall cause their children or wards to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child or ward is five years of age before September first until the child or ward attains his seventeenth birthday or graduates from high school. A parent or guardian whose child or ward is not six years of age on or before the first day of September of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend kindergarten.
(B) Each school district shall provide transportation to and from public school for all pupils enrolled in public kindergarten classes who request the transportation. Regulations of the State Board of Education governing the operation of school buses shall apply.
SECTION 59-65-20. Penalty for failure to enroll or cause child to attend school. [SC ST SEC 59-65-20]
Any parent or guardian who neglects to enroll his child or ward or refuses to make such child or ward attend school shall, upon conviction, be fined not more than fifty dollars or be imprisoned not more than thirty days; each day's absence shall constitute a separate offense; provided, the court may in its discretion suspend the sentence of anyone convicted of the provisions of this article.
SECTION 59-65-30. Exceptions. [SC ST SEC 59-65-30]
The provisions of this article do not apply to:

(a) A child who has been graduated from high school or has received the equivalent of a high school education from a school approved by the State Board of Education, or member school of South Carolina Independent Schools' Association, or a private school in existence at the time of the passage of this article;

(b) A child who obtains a certificate from a psychologist certified by the State Department of Education or from a licensed physician stating that he is unable to attend school because of a physical or mental disability, provided there are no suitable special classes available for such child in the school district where he resides;

(c) A child who has completed the eighth grade and who is determined by the court to be legally and gainfully employed whose employment is further determined by such court to be necessary for the maintenance of his home;
(d) [Reserved]

(e) A student who has a child and who is granted a temporary waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a temporary waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter.

(f) A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. However, prior to being exempted from the provisions of this article, the court may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. The examination and testing must be conducted by the Department of Youth Services or by any local agency which the court determines to be appropriate. The court shall revoke the exemption provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years.

 

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Last Modified : 08/09/05 10:29 PM

What DSS does not want you to know

Copyright 20000-2005

Note: Nothing we say or post is intended to be legal advice and is distributed for the informational purposes only. It is not intended to be, and does not constitute the giving of legal advice. For more information about the laws and regulations in this state please contact your own attorney.

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