Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in North Carolina and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in North Carolina.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
North Carolina Homeschool Legislative Issues Blog
This blog addresses current legal issues regarding home education in North Carolina.
Larry Delconte v. State of North Carolina (1985)
The North Carolina General Assembly (like other state legislatures in the late 1970's and during the 1980's) enacted new laws in 1979 de-regulating non-public schools. The Delconte case heard by the North Carolina Supreme Court was the landmark court case concerning that legislation. It officially opened the "legal doors" in modern times to the concept of home instruction.
§ 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.
§ 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.
Homeschool Alliance of North Carolina (HA- NC)
Established in 2003, the Homeschool Alliance of North Carolina (HA- NC) is a grass roots, statewide advocacy group supporting independent homeschooling families in North Carolina.
§ 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 a...
§ 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 so long as the school operates on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year. ...
§ 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.
Complying with the State of North Carolina Homeschool 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. This is a summary of that law.
Notice of Intent to Operate A Home School
This is a NC Division of Non-Public Education Notice of Intent to Homeschool form. This online form offers the ability to file this form electronically.
§ 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-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-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.
Frequently Asked Home School Question Topics
Common questions and answers regarding homeschooling in North Carolina.
§ 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.
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Featured Resources
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Real-Life Homeschooling: The Stories of 21 Families Who Teach Their Children at Home
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Life in America
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Explode The Code
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