South Carolina Homeschool Legal Information

Homschool Legal Option Explanation
Option 1

04-05 Public School District funds received for Option 1 home schools.

Funds obtained for Option 2 & 3 "Private Home Schools under the TITLE of "For At Risk Students", CATAGORY "LD" REV CODE "3323".
Option 2
Option 3

Legal Assistance
Pro Bono by County

Legal Attorney (s)

South Carolina Gov. & Law 

Laws

Curriculum 
FAMILY PRIVACY PROTECTION ACT OF 2002
Immunizations  Protect Your SSN
SSN Info

KNOW YOUR CONSTITUTIONAL RIGHTS

DON'T INVITE LAW 

ENFORCEMENT OR SOCIAL SERVICES INTO YOUR HOME WITHOUT A WARRANT.

Home visits  
Who can teach the child

Homschool Legal Option Explanation

You have three (3) options to home school in South Carolina.

Option 3 -SC 59-65-47 - Home school through only one of the many third option associations (NBHSA SC is a 3rd option association); or

Option 2 -SC 59-65-45 - Home school through SCHAIS; or

Option 1 -SC 59-65-40 - Home school through your local school district.

SSN Info: 

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.)

How to Protect Your SSN

Title 30. PUBLIC RECORDS Chapter 2. FAMILY PRIVACY PROTECTION ACT OF 2002 SECTION 30-2-20. Privacy policies and procedures required of all state entities. [SC ST SEC 30-2-20] All state agencies, boards, commissions, institutions, departments, and other state entities, by whatever name known, must develop privacy policies and procedures to ensure that the collection of personal information pertaining to citizens of the State is limited to such personal information required by any such agency, board, commission, institution, department, or other state entity and necessary to fulfill a legitimate public purpose. SECTION 30-2-30. Definitions. [SC ST SEC 30-2-30] For purposes of this act, the following terms have the following meanings: (1) "Personal information" means information that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account numbers, account or identification number issued by or used, or both, by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit records or reports. (2) "Legitimate public purpose" means a purpose or use which falls clearly within the statutory charge or mandates of an agency, board, commission, institution, department, or other state entity.

Curriculum

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.  

Immunizations

"Do you know The Ingredients of the Flu Shot?" http://www.prisonplanet.com/articles/january2006/070106ingredients.htm

Q. Do home schools have to obtain immunizations?

 A. DHEC Regulation 61-8, upon which the immunization reporting is based, applies to the admission of a child to any public, private, or parochial school . . . or any child development program under the control of the Department of Education. . . . Section 59-65-45 and Section 59-65-47 of the Code of Laws of South Carolina, are neither schools nor child development programs. They do not admit students, so they need not comply with the regulation requiring schools to receive a Certificate of Immunization from students prior to admittance. Students do not enroll in or attend a home school association but are enrolled in and attend their familys home school.
     It is also noteworthy that local school districts in South Carolina do not include home schooling families in their immunization reports to DHEC. Under Section 59-65-40 of the Code, these families obtain the approval of the local district for their home schooling program. But these students are not enrolled in or admitted to the public school and therefore do not present a Certificate of Immunization to the school.
     There are also practical considerations for not including home schools in the immunization reporting requirements. Communicable diseases are typically transmitted in a classroom or playground setting when students from different families come into contact with each other. Since only family members are present in the home school, the same potential for transmission of these diseases does not exist.
     State law requires Section 59-65-45 and Section 59-65-47 of the Code of Laws of South Carolina home school associations to report the number and grade level of children home schooled through their associations to the childrens respective school districts by January 30 of each year. Beyond this, there are no requirements for any home school association to disclose additional information about its member families.
From: HSLDA-Home School Legal Defense  

Who can teach the child

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.

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.  

Home visits

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.  

DON'T INVITE LAW ENFORCEMENT OR SOCIAL SERVICES INTO YOUR HOME WITHOUT A WARRANT.  

This waives your right under illegal search and seizure under the Constitution. This will allow them to come into your home at ANY TIME and search and seize your children or belongings.

KNOW YOUR CONSTITUTIONAL RIGHTS The Bill of Rights, part of the United States Constitution, is the law. 

Unfortunately, we the people, often don't know what our rights are.

Legal Attorney (s)

PPL-PrePaid Legal  - http://www.prepaidlegal.com

Berry, Quackenbush & Stuart, P.A.  (Must be a member of Pre-Paid Legal)

Street Address
Berry, Quackenbush & Stuart, P.A.
1400 Main Street, Suite 1400
Columbia, SC  29201 Web site: http://www.bqslaw.com/pa-education.htm

LexisNexis - http://www.lexisnexis.com/search/

N.H.E.L.D. http://www.nheld.com/ (NATIONAL HOME EDUCATION LEGAL DEFENSE)

AHSA (Association of Home School Attorneys)http://ahsa-usa.org/

HSLDA (Home School Legal Defense) P.O. Box 3000 Purcellville, VA 20134-9000  Phone: (540) 338-5600 Fax: (540) 338-2733 E-mail: info@hslda.org Web site: http://www.hslda.org/join/tour5.asp (Joining HSLDA (Home School Legal Defense) is not mandated or required to join New Beginnings Home School Association.  This is only an option we are telling you about, should you not be able to afford PPL or an private attorney. NBHSA's Group Member Number is: 299756