Laws & Legalities

I am Ann Zeise, your guide to the best and most interesting and useful sites and articles about home education on the web.

South Carolina Homeschooling

Accountability Associations Operating Under 59-65-47

Accountability Association Operating Under 59-65-45

Events

Legal Information

Online

Resources

Support Groups

Support Group Lists

A to Z Home's Cool

Home

Articles

Beginning to Homeschool

Chat Room

Community Networking

Concerns

Curriculum Shopping

Distance Learning Programs

DVD Rentals

Early Years

Events

Explorations 4 Kids

Field Trips

Gifted Kids

Holiday Directory

Homeschooling Jokes

Laws & Legalities

Lessons & Ideas

Methods & Styles

Regional Information

Religion & Cultural

Special Needs

Support Group Resources

Teens & College-Bound

Thoughts & Hard Facts

Unschooling

Explorations 4 Kids

Computer Literacy

Drivers Ed

Fine Arts

General Interest

Health & Fitness

Language Arts

Languages

Math

Science Experiments

* Astronomy

* Biology

* Chemistry

* Earth Science

* Physics

Social Studies

Come be a part of our
online communities !

Best Selling Homeschool Books on A to Z

(Some ties Q2'08)

1 Home Learning Year by Year

2 Homeschooling : The Teen Years

2 First Year of Homeschooling Your Child

4 The Ultimate Book of Homeschooling Ideas

5 Homeschooling: The Early Years

6 The Unschooling Handbook

7 100 Top Picks For Homeschool Curriculum

8 The Teenage Liberation Handbook

9 Homeschool Your Child for Free

10 Homeschooling High School: Planning Ahead for College Admission

More Homeschool Books Here!

 

South Carolina Education Code For Homeschooling

This is not intended to be legal advice and is distributed for information purposes only. Check for updates at your public library.

Sponsored Links

Parents must have at least a high school diploma or GED.

Parents need only test if they are homeschooling under local school district supervision. Those homeschooling with a homeschool association need not test.

180 instructional days per year, each at least four and one-half hours long.

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.

"Private school" means a school established by an agency other than the State or its subdivisions which is primarily supported by other than public funds, and the operation of whose program rests with other than publicly elected or appointed officials.

59-1-120. "Public school" defined

"Public school" means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials and which is supported by public funds.

59-21-10. "School" defined

For the purpose of this article, a "school" is defined as a division of the school system consisting of pupils composed of one or more grade groups, organized as one unit with one or more teachers to give instructions of a defined type, and housed in a school plant of one or more buildings. More than one school many be housed in one school plant, as in the case when elementary and secondary programs are housed in the same plant.

59-65-10. Responsibility of parent or guardian; notification by school district of availability of kindergarten; transportation for kindergarten pupils

(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 the 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.

In other words: Your child must attend kindergarten somewhere if s(he) turns 5 by September 1st of that school year. However, parents may sign a waiver excusing their child from kindergarten if the child does not turn 6 by September 1st of that school year. The waiver is a simple statement that releases the school district from any educational deficiencies that occur from the absence of your child from kindergarten. If you sign the waiver, they must honor it. ~From Dianna, Editor, Carolina Homeschooler.

59-65-40. Homeschooling programs

(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 homeschooling 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, beginning in the 1989-90 school year, attains a passing score on the basic skills examination developed pursuant to Section 59-26-20 (b) (1) after the State Department of Education has validated the test for use with homeschooling parents; or

(b) has earned a baccalaureate degree;

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. In other words, parents must hold at least a high school diploma or the equivalent general educational development (GED) certificate. For more information, see CASE NOTES following this section. ~From Dianna, Editor, Carolina Homeschooler.

(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 and eighty 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;

(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:

(a) a plan book, diary, or other written record indicating subjects taught and activities in which the student and parent engage;
(b) a portfolio of samples of the student's academic work; and
(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.

(5) students must have access to library facilities;

(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

(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. At any time the school district determines that the parent is not maintaining the homeschool 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.

(B) The district board of trustees shall provide for an application process which elicits the information necessary for processing the homeschooling 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.

(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 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 a parent's right to exempt his child from kindergarten as provided in Section 59-65-10 (A).

(D) Should a student in a homeschooling 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 homeschooling 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 homeschooling 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.

The requirement that a parent who provides a homeschooling 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 homeschooling, and the scores given the examination by those who were homeschooler versus those who were not was substantially different. Lawrence v South Carolina State Board of Education (1991, SC).

Use of a correspondence courses does not, alone, constitute a school under compulsory school attendance laws. 1984 Op Atty Gen, No 84-12. p. 42.

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.

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.

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 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.

In lieu of the requirements of Section 59-65-40, parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools. Bona fide membership and continuing compliance with the academic standards of South Carolina Association of Independent Home Schools exempts the homeschool from the further requirements of Section 59-65-40.

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

(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

(b) the instructional year is at least on hundred eighty days; and

(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, social studies, and in grades seven through twelve, composition and literature.

By January thirtieth of each year, the South Carolina Association of Independent Home Schools shall report the number and grade level of children homeschooled through the association to the children's respective school districts.

Section 59-65-47. 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 homeschools 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.

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

(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

(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

(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.

SC Home School Laws
From SC Home Educators Association

Return to South Carolina homeschooling information.

The Complete Home Learning Source Book : The Essential Resource Guide for Homeschoolers, Parents, and Educators Covering Every Subject from Arithmetic to Zoology

by Rebecca Rupp

This ambitious reference guide lives up to its name. Practically three inches thick--and we're not talking large print here--it's packed with titles, ordering information, and Web site addresses.

 

Home Learning Year by Year
How to Design a Homeschool Curriculum from Preschool Through High School
by Rebecca Rupp
A structured plan to ensure that your children will learn what they need to know when they need to know it, from preschool through high school.

 

First Year of Homeschooling Your Child
Your Complete Guide to Getting Off to the Right Start
by Linda Dobson
With the constant concern about the safety and quality of our nation's schools, many of today's families are opting to teach their children at home. The first hurdle these families face is getting started.

 

The Ultimate Book of Homeschooling Ideas: 500+ Fun and Creative Learning Activities for Kids Ages 3-12
by Linda Dobson

As a homeschooling parent, you're always looking for new and creative ways to teach your child the basics. Look no longer! Inside this innovative helper, you'll find kid-tested and parent-approved techniques for learning math, science, writing, history, manners, and more that you can easily adapt to your family's homeschooling needs.

 

Homeschooling : The Teen Years
Your Complete Guide to Successfully Homeschooling the 13- To 18-Year Old
by Cafi Cohen
This book reveals the adventure and rewards as well as the special challenges of working with this age group.

 

Homeschool Your Child for Free
More Than 1,200 Smart, Effective, and Practical Resources for Home Education on the Internet and Beyond
by LauraMaery Gold and Joan M. Zielinski
The best sites for everything from reading-readiness activities for preschoolers to science projects for teens.

 

Homeschooling: The Early Years: Your Complete Guide to Successfully Homeschooling the 3- to 8- Year-Old Child
by Linda Dobson
The formative years are the most critical to a child's education. They lay the foundation for developing learning skills that last a lifetime.

 

The Homeschooler's Guide to Portfolios and Transcripts
by Heuer, Loretta
Provides critical advice, examples, and resources for designing the most powerful and persuasive admissions presentations.

 

The Well-Trained Mind
A Guide to Classical Education at Home
by Jessie Wise, Susan Wise Bauer
This book will instruct you, step by step, on how to give your child an academically rigorous, comprehensive education from preschool through high school.

 

A Charlotte Mason Companion : Personal Reflections on the Gentle Art of Learning
by Karen Andreola
A thorough chapter-by-chapter overview of the inspiring teaching principles of Christian educator Charlotte Mason, this book reveals the practical day by day method of how to teach "the Charlotte Mason way".

 

The Unschooling Handbook : How to Use the Whole World As Your Child's Classroom
by Mary Griffith
Unschooling, a homeschooling method based on the belief that kids learn best when allowed to pursue their natural curiosities and interests, is practiced by 10 to 15 percent of the estimated 1.5 million homeschoolers in the United States.

 

The Teenage Liberation Handbook
How to Quit School and Get a Real Life and Education
by Llewellyn, Grace
Written primarily for teens who need to convince their parents they can teach themselves. 1998 Paperback

 

Creative Home Schooling for Gifted Children: A Resource Guide
by Lisa Rivero

Lisa addresses areas not usually covered in homeschooling books such as asynchronous development (uneven development), perfectionism, and learning for self-actualization.

 

Teach Your Child to Read in 100 Easy Lessons
by Engelmann, Siegfried
Based on the excellent DISTAR program, my daughter learned to read well and fast. Combines phonics with interesting reading material for youngsters.

 

Search Now: