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South Carolina State Law

Palmetto Independent Educators believes that each home school family needs to have a full understanding of the home school laws and their requirements. We put this page together to help you become more aware of the State Law, history of home schooling laws, and legal support.

Note: This is not 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 Home School Legal Defense Association.

There are State Laws that govern home schools and every home school should fall somewhere within these guidelines. The following is an overview of compulsory attendance, SC Code of Law, the history of home schooling, and Home School Legal Defense Association.

Compulsory school attendance laws were passed in Massachusetts in 1852. By 1918, all states had passed laws requiring children to attend at least elementary school.

You might find it interesting to know, the laws that govern our education system are modeled after Prussia.

SC Code of Law

Prior to 1988, the only option for home school was to register with their districts. Today, home schools have three options. The following is a brief overview of the 1st, 2nd, and 3rd option home school laws and their differences. This overview is provided for educational purposes only. Visit the State House Networks Web site to view the text in its entirety.

1st Option

Section 59-65-40 is the 1st option for home school programs and the requirements are as follows:

Parents or guardians may teach their children at home if the instruction is approved by the district the family resides in. The district will approve a home school program if the parent holds at least a high school diploma or a GED.

The instructional day is at least four and one-half hours, and the instructional year is at least one hundred eighty days.

Curriculum is to include reading, writing, mathematics, science, and social studies in grades seven through twelve, composition and literature.

The following records are required, and must to be presented to a school district representative for inspection upon request. The representative must provide a reasonable notice.

Record keeping will include the following:

a written record of subjects taught and activities the student and parent have completed.

a portfolio

a record of evaluation, semiannual progress report, attendance records, and an assessment of each student's progress that must be submitted to the school district.

It is required that students have access to the library.

Students must participate in the annual statewide testing program. The tests must be administered by a certified school district employee. Test will be administered in the public school with other students or the parent may arrange for the test to take place in the home, at the parent’s expense.

Parents are required to sign a statement holding the South Carolina school systems blameless, should there be any educational deficiencies.

Once a district becomes aware that there are deficiencies, the parents have thirty days to correct them before the district withdraws its approval of the home school program.

2nd Option

Section 59-65-45 is the 2nd option for home school programs. The alternative home schooling requirements are as follows:

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.

A parent or guardian must have a high school diploma or GED.

The instructional year is at least one hundred eighty days.

Curriculum is to include reading, writing, mathematics, science, and social studies in grades seven through twelve, composition and literature.

3rd Option

Section 59-65-47 is the 3rd Option for home school programs.

Parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for home schools which has no fewer than fifty members and meets the requirements of this section.

A parent or guardian must have a high school diploma or GED.

The instructional year is at least one hundred eighty days.

Curriculum is to include reading, writing, mathematics, science, and social studies in grades seven through twelve, composition and literature.

Educational records shall be maintained by the parent-teacher and will include the following:

a written record of subjects taught and activities the student and parent have completed.

a portfolio

a semiannual progress report, attendance records, and documentation of each student's progress.

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Revised: September 28, 2009

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