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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.
Compulsory attendance - Between 5 and 17
years of age.
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.
59-1-110. "Private
school" defined
"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.
Case Notes
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).
Attorney General's Opinions
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.
59-65-45. Alternative homeschooling
requirements
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.
59-65-47. Alternative homeschooling
requirements
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.
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Covering Every Subject from Arithmetic to Zoology
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- 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.
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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.
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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.
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- 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.
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Your Complete Guide to Successfully Homeschooling the 13- To
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This book reveals the adventure and rewards as well as the special
challenges of working with this age group.
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Homeschool Your Child for Free
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The best sites for everything from reading-readiness activities
for preschoolers to science projects for teens.
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- 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.
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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.
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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.
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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".
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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.
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by Llewellyn, Grace
Written primarily for teens who need to convince their parents
they can teach themselves. 1998 Paperback
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by Lisa Rivero
- Lisa addresses areas not usually covered in homeschooling
books such as asynchronous development (uneven development),
perfectionism, and learning for self-actualization.
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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.
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