North 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 or at this link for the state:
The North Carolina
Division of Non-Public Education
Compulsory attendance - Between 7 and 16 years of age.
Parents must have at least a high school
diploma or GED.
May include two households or families.
Parents must administer an annual standardized
test any time during the school year.
If your home school will begin
initial operation in the fall school term, please send the notice of intent between
July 1 and August 15, of the current year.
North Carolina Education Code: Sections
Relevant to Homeschoolers
SUBCHAPTER X. PRIVATE AND PROPRIETARY SCHOOLS.
Chapter 115C
Article 39 115C-547 through 115C-565
Part 3. Home Schools.
§ 115C-563. Definitions.
As used in this Part or Parts 1 and
2 of this section [Article]:
(a) "Home school" means a nonpublic school in which
one or more children of not more than two families or households
receive academic instruction from parents or legal guardians,
or a member of either household.
(b) "Duly authorized representative of the State" means
the Director, Division of Nonpublic Education, or his staff.
§ 115C-564. Qualifications and requirements.
A home school shall make the election to operate under the
qualifications of either Part 1 or Part
2 of this Article and shall meet the requirements of the
Part elected, except that any requirement related to safety and
sanitation inspections shall be waived if the school operates
in a private residence and except that testing requirements in
G.S. 115C-549 and G.S. 115C-557
shall be on an annual basis. The persons providing academic instruction
in a home school shall hold at least a high school diploma or
its equivalent.
§ 115C-565. Requirements exclusive.
No school which complies with this Part shall be subject
to any other provision of law relating to education except requirements
of law respecting immunization.
Part 1. Private Church Schools and
Schools of Religious Charter.
§ 115C-547. Policy.
In conformity with the Constitutions of the United States
and of North Carolina, it is the public policy of the State in
matters of education that "No human authority shall, in
any case whatever, control or interfere with the rights of conscience,"
or with religious liberty and that "religion, morality and
knowledge being necessary to good government and the happiness
of mankind . . . the means of education shall forever be encouraged."
§ 115C-548. Attendance; health and safety regulations.
Each private church school or school of religious charter
shall make, and maintain annual
attendance and disease immunization records for each pupil
enrolled and regularly attending classes. Attendance by a child
at any school to which this Part relates and which complies with
this Part shall satisfy the requirements of compulsory school
attendance: Provided, however, that such school operates on a
regular schedule, excluding reasonable holidays and vacations,
during at least nine calendar months of the year. Each school
shall be subject to reasonable fire, health and safety inspections
by State, county and municipal authorities as required by law.
§ 115C-549. Standardized testing
requirements.
Each private church school or school of religious charter
shall administer, at least once in each school year, a nationally
standardized test or other nationally standardized equivalent
measurement selected by the chief administrative officer of such
school, to all students enrolled or regularly attending grades
three, six and nine. The nationally standardized test or other
equivalent measurement selected must measure achievement in the
areas of English grammar, reading, spelling and mathematics.
Each school shall make and maintain records of the results achieved
by its students. For one year after the testing, all records
shall be made available, subject to the provision of G.S. 115C-196,
at the principal office of such school, at all reasonable times,
for annual inspection by a duly authorized representative of
the State of North Carolina.
§ 115C-550. High school competency testing.
To assure that all high school graduates possess those minimum
skills and that knowledge thought necessary to function in society,
each private church school or school of religious charter shall
administer at least once in each school year, a nationally standardized
test or other nationally standardized equivalent measure selected
by the chief administrative officer of such school, to all students
enrolled and regularly attending the eleventh grade. The nationally
standardized test or other equivalent measurement selected must
measure competencies in the verbal and quantitative areas. Each
private church school or school of religious charter shall establish
a minimum score which must be attained by a student on the selected
test in order to be graduated from high school. For one year
after the testing, all records shall be made available, subject
to the provision of G.S. 115C-196, at the principal office of
such school, at all reasonable times, for annual inspection by
a duly authorized representative of the State of North Carolina.
(1979,
§ 115C-551. Voluntary participation in the State programs.
Any such school may, on a voluntary basis, participate in
any State operated or sponsored program which would otherwise
be available to such school, including but not limited to the
high school competency testing and statewide testing programs.
§ 115C-552. New school notice requirements; termination.
(a) Any new school to which this Part relates shall send
to a duly authorized representative of the State of North Carolina
a notice of intent to operate, name and address of the school,
and name of the school's owner and chief administrator.
(b) Any school to which this Part applies shall notify a duly
authorized representative of the State of North Carolina upon
termination of the school.
§ 115C-553. Duly authorized representative.
The duly authorized representative of the State of North
Carolina to whom reports of commencing operation and termination
shall be made and who may inspect certain records under this
Part shall be designated by the Governor.
§ 115C-554. Requirements exclusive.
No school, operated by any church or other organized religious
group or body as part of its religious ministry, which complies
with the requirements of this Part shall be subject to any other
provision of law relating to education except requirements of
law respecting fire, safety, sanitation and immunization.
Part 2. Qualified Nonpublic Schools.
§ 115C-555. Qualification of nonpublic schools.
The provisions of this Part shall apply to any nonpublic
school which has one or more of the following characteristics:
(1) It is accredited by the State Board of Education.
(2) It is accredited by the Southern Association of Colleges
and Schools.
(3) It is an active member of the North Carolina Association
of Independent Schools.
(4) It receives no funding from the State of North Carolina.
§ 115C-556. Attendance; health and safety regulations.
Each qualified nonpublic school shall make, and maintain
annual attendance and disease immunization records for each pupil
enrolled and regularly attending classes. Attendance by a child
at any school to which this Part relates and which complies with
this Part shall satisfy the requirements of compulsory school
attendance: Provided, however, that such school operates on a
regular schedule, excluding reasonable holidays and vacations,
during at least nine calendar months of the year. Each school
shall be subject to reasonable fire, health and safety inspections
by State, county and municipal authorities as required by law.
§ 115C-557. Standardized testing
requirements.
Each qualified nonpublic school shall administer, at least
once in each school year, a nationally standardized test or other
nationally standardized equivalent measurement selected by the
chief administrative officer of such school, to all students
enrolled or regularly attending grades three, six and nine. The
nationally standardized test or other equivalent measurement
selected must measure achievement in the areas of English grammar,
reading, spelling and mathematics. Each school shall make and
maintain records of the results achieved by its students. For
one year after the testing, all records shall be made available,
subject to the provision of G.S. 115C-196, at the principal office
of such school, at all reasonable times, for annual inspection
by a duly authorized representative of the State of North Carolina.
§ 115C-558. High school competency testing.
To assure that all high school graduates possess those minimum
skills and that knowledge thought necessary to function in society,
each qualified nonpublic school shall administer at least once
in each school year, a nationally standardized test or other
nationally standardized equivalent measure selected by the chief
administrative officer of such school, to all students enrolled
and regularly attending the eleventh grade. The nationally standardized
test or other equivalent measurement selected must measure competencies
in the verbal and quantitative areas. Each qualified nonpublic
school shall establish a minimum score which must be attained
by a student on the selected test in order to be graduated from
high school. For one year after the testing, all records shall
be made available, subject to the provision of G.S. 115C-196,
at the principal office of such school, at all reasonable times,
for annual inspection by a duly authorized representative of
the State of North Carolina.
§ 115C-559. Voluntary participation in the State programs.
Any such school may, on a voluntary basis, participate in
any State operated or sponsored program which would otherwise
be available to such school, including but not limited to the
high school competency testing and statewide testing programs.
§ 115C-560. New school notice requirements; termination.
(a) Any new school to which this Part relates shall send
to a duly authorized representative of the State of North Carolina
a notice of intent to operate, name and address of the school,
and name of the school's owner and chief administrator.
(b) Any school to which this Part applies shall notify a duly
authorized representative of the State of North Carolina upon
termination of the school.
§ 115C-561. Duly authorized representative.
The duly authorized representative of the State of North
Carolina to whom reports of commencing operation and termination
shall be made and who may inspect certain records under this
Part shall be designated by the Governor.
§ 115C-562. Requirements exclusive.
No qualifying nonpublic school, which complies with the requirements
of this Part, shall be subject to any other provision of law
relating to education except requirements of law respecting fire,
safety, sanitation and immunization.
Before beginning homeschooling, you
must notify the North
Carolina Division of Non-Public Education
of your intent to homeschool. You must obtain, from that office,
and complete the form "Notice of Intent to Operate a School
in North Carolina." Attach photocopies of documentation
that you, as the home school teacher, hold at least a high school
diploma or its equivalent.
If, in the estimation of officials your
home school meets legal requirements, it will be considered a
private school.
Complying with the
North Carolina State Home School Law
During the 1988 session of the North Carolina General Assembly,
Article 39 of chapter 115C of the General Statutes was amended
to allow home instruction, under certain conditions, as a means
of complying with compulsory school attendance requirements.
From NCHE.
Home Instructions and the Compulsory Attendance Act
Legal Requirements: North Carolina's statutes regarding home school include G.S. 115C-563 through 565.
North Carolina: bureaucratic creep
Now whether you label the word "creep" as a noun or a verb is up to you.
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