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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skills examination or (b) obtaining a baccalaureate degree was repealed.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]
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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.
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Do you and should you provide any information to the school district if
you decide to home school through any association? NO!
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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.
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