Homeschool Through Local School District

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.

SECTION 59-65-40. Home schooling programs. [SC ST SEC 59-65-40]

(A) Parents or guardians may teach their children at home if the instruction is approved by the district board of trustees of the district in which the children reside. A district board of trustees shall approve home schooling programs which meet the following standards:

(1) the parent:
(a) holds at least a high school diploma or the equivalent general educational development (GED) certificate and,

[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.]

[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SC), the requirement of (a) passing score on the basic skills examination or (b) obtaining a baccalaureate degree was repealed.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).]

(2) the instructional day is at least four and one-half hours, excluding lunch and recesses, and the instructional year is at least one hundred eighty days;

[Note: You are required to teach 4 1/2 hours daily for 180 days.]

(3) 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;

[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. If you are using a correspondence course, you will be required to use additional curriculum in each of the mandated subjects. ]

(4) as evidence that a student is receiving regular instruction, the parent shall present a system for maintaining and maintain the following records for inspection upon reasonable notice by a representative of the school district:

[Note: 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. The school district sets up scheduled appointments for you to bring your records to the district office for review.] You can meet with the school official at the district office.

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

[Note: Only one (1) of these are required, not all three (3).]

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

[Note: Samples in each of the mandated subjects will be required.]

(c) a record of evaluations of the student's academic progress. A semiannual progress report including attendance records and individualized assessments of the student's academic progress in each of the basic instructional areas specified in item (3) must be submitted to the school district.

[Note: Samples in each of the mandated subjects will be required, report card, attendance record, tests administered and assessment in each mandated subject to date will be required.]

(5) students must have access to library facilities;

[Note: Public school library access]

(6) students must participate in the annual statewide testing program and the Basic Skills Assessment Program approved by the State Board of Education for their appropriate grade level. The tests must be administered by a certified school district employee either with public school students or by special arrangement at the student's place of instruction, at the parent's option. The parent is responsible for paying the test administrator if the test is administered at the student's home; and

[Note: PACT and the BSAP are the two (2) tests required by law. If a District application requires more testing, you may write in the said section of said application, "you do not agree to any non mandated, additional testing".]

[Note: As of publication, students in grades kindergarten through second grade are not required to participate in statewide testing - PACT.]

(7) parents must agree in writing to hold the district, the district board of trustees and the district's employees harmless for any educational deficiencies of the student sustained as a result of home instruction.

[Note: Can the parents hold the district, the district board of trustees and the district's employees accountable for the educational deficiencies the student sustained as a result of public school instruction?]

At any time the school district determines that the parent is not maintaining the home school program in keeping with the standards specified in this section the district board of trustees shall notify the parent to correct the deficiencies within thirty days. If the deficiencies are not corrected within thirty days, the district board of trustees may withdraw its approval.

[Note: If you are found not in compliance of the law, the district board of trustees is required to give you 30 days to get in compliance. If you have not corrected the requirements of the law, you will not be allowed to continue to home school through the school district.]

(B) The district board of trustees shall provide for an application process which elicits the information necessary for processing the home schooling request, including a description of the program, the texts and materials to be used, the methods of program evaluation, and the place of instruction. Parents must be notified in advance of the date, place, and time of the meeting at which the application is considered by the board and parents may be heard at the meeting.

[Note: You are required to list in detail the name (s) and type (s) of curriculum you will use, your address, assessment methods (e.g. test) and the grade level of curriculum. Further, the school district is mandated to notify you of the date, time and place of the meeting, PRIOR to the MEETING, which the district will determine your approval or denial of your application to home school through the district. You have a right to attend this meeting.]

[Note: Although school district boards of trustees may take reasonable period of time to review and act on application for home instruction, deadlines may not be set beyond which applications would no longer be considered. 1991 Op Atty Gen, No 91-8, p. 36.]

(C) Within the first fifteen instructional days of the public school year, students participating in home instruction and eligible for enrollment in the first grade of the public schools must be tested to determine their readiness for the first grade using the readiness instrument approved by the State Board of Education for public school students. If a student is determined to be "not ready" or is determined to lack the necessary emotional maturity, the parent must be advised by appropriate school district personnel whether a kindergarten or a first grade curriculum should be used for the child. Nothing in this section may be interpreted to conflict with a parent's right to exempt his child from kindergarten as provided in Section 59-65-10(A).

[Note: If the district determines your child is not ready for the first grade, you can not be forced to place your child in Kindergarten pursuant to Section 59-65-10(A) - Waiver from Kindergarten]

(D) Should a student in a home schooling program score below the test requirements of the promotion standard prescribed for public school students by the State Board of Education for one year, the district board of trustees shall decide whether or not the student shall receive appropriate instructional placement in the public school, special services as a handicapped student, or home schooling with an instructional support system at parental expense. The right of a parent to enroll his child in a private or parochial school as provided in Section 59-65-10(A) is unaffected by this provision.

(E) If a parent is denied permission to begin or continue home schooling by a district board of trustees, the decision of the district board of trustees may be appealed, within ten days, to the State Board of Education. Any appeal from the decision of the State Board of Education must be taken, within thirty days, to the family court.

[Note: Although school district boards of trustees may take reasonable period of time to review and act on application for home instruction, deadlines may not be set beyond which applications would no longer be considered. 1991 Op Atty Gen, No 91-8, p. 36.]

[Note: Requirements of 59-65-40 must be met before parents or guardians may teach their children at home. 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. 1991 Op Atty Gen, No 91-8, p. 36.]

[Note: If any school district application to home school requests you to list any of the following; REFUSE TO ANSWER said questions:

	You do not have to provide a job/work history
	You do not have to provide any explanation to your qualification (s) to home school beyond your GED or High School diploma
	You do not have to allow any testing beyond the PACT and BSAP. The EXIT exam is not required. (e.g. The school district does not issue your home school child any diploma!}
	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. 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. 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.)
	[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]
	Does the school district issue the home school child any diploma? NO!
	Do you have to use the public school text books - curriculum? NO! However, please note: You are legally allowed to use the public school curriculum if you so choose! SECTION 59-65-270. Procurement of books, clothing and shoes for nonattending children. [SC ST SEC 59-65-270] In the event that any nonattending children reported to the attendance supervisor shall be unable to procure books, that fact shall be reported to the trustees and county superintendent of education, and steps shall be taken immediately to provide the necessary books and working material. In the event that such nonattending children shall not have suitable clothing or shoes, and the parents or guardians of such children are financially unable to provide the same, such condition shall be reported by the attendance supervisor to the social and civic organizations of such county for such action in the premises as to such social and civic organizations shall seem meet and proper. SECTION 59-65-280. Acceptance of cash, clothing, shoes, books and similar articles from organizations and county or community agencies. [SC ST SEC 59-65-280] The attendance supervisor shall accept and receive from the social or civic organizations and agencies of the county or community all cash, clothes, shoes, books, materials and similar articles as may be provided, and shall supply them to the nonattending school children of the county who are unable or whose parents or guardians are unable financially to provide such articles.
	Do you and should you provide any information to the school district if you decide to home school through any association? NO!
	If you choose to home school through your local school district, NBHSA SC highly recommends you join HSLDA - Home School Legal Defense - http://www.hslda.org and send your school district application to HSLDA, prior to completion of said application, which will ensure you are not required to provide information and/or adhere to requirements not mandated by law.


	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. Copyright © 2000 - 2005 New Beginnings Home School Association - New Beginnings HSA and NBHSA of SC are trademarks of [New Beginnings Home School Association®]. All rights reserved. All other products mentioned are registered trademarks or trademarks of their respective companies. You are required to read our "Expectation of Privacy" Policy.