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.
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§ 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-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.
North Carolina Homeschool Legislative Issues Blog
This blog addresses current legal issues regarding home education in North Carolina.
§ 115C-561. Duly authorized representative.
The duly authorized representative of the State of North Carolina to whom reports of commencing operation and termination shall be made and who may inspect certain records under this Part shall be designated by the Governor.
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.
North Carolinians for Home Education (NCHE)
In 1984, NCHE was organized to support and encourage home educators and to protect the right to freely home educate in North Carolina. From a small group of concerned parents, NCHE has grown into an increasingly stronger statewide service organization. NCHE is a representative organization governed by a board of seven officers elected by all NCHE members and 12 regional directors, elected by the NCHE members in each region. NCHE is operated on the basis of Biblical principles and living faith, w...
§ 115C-553. Duly authorized representative.
The duly authorized representative of the State of North Carolina to whom reports of commencing operation and termination shall be made and who may inspect certain records under this Part shall be designated by the Governor.
§ 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.
State of North Carolina Home School Information
The North Carolina Division of Non-Public Education has created this informational site to guide home educators in the state through the law and requirements.
§ 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-566. Driving eligibility certificates; requirements.
(a) The Secretary of Administration, upon consideration of the advice of the Division of Nonpublic Education in the Office of the Governor and representatives of nonpublic schools, shall adopt rules for the procedures a person who is or was enrolled in a home school, in a nonpublic school that is not accredited by the State Board of Education, or in an educational program found by a court, prior to July 1, 1998, to comply with the compulsory attendance law, must follow and the requirements...
§ 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.
North Carolina Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in North Carolina. Includes a link to a legal analysis of laws relating to homeschooling in North Carolina.
§ 115C-563. Definitions.
As used in this Part or Parts 1 and 2 of this section [Article]:
(a) "Home school" means a nonpublic school in which one or more children of not more than two families or households receive academic instruction from parents or legal guardians, or a member of either household.
(b) "Duly authorized representative of the State" means the Director, Division of Nonpublic Education, or his staff.
§ 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...
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Featured Resources
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Explode The Code
Explode The Code provides a sequential, systematic approach to phonics in which students blend sounds to build vocabulary and read words, phrases, sentences, and stories. Frequent review of previously learned concepts helps increase retention. Each w...
First Language Lessons for the Well-Trained Mind
Includes scripted lessons and lovely illustrations to offer encouragement and understanding to children in grammar, copywork, narration, picture study, and other classical technique. These lessons will help develop the student's language ability and ...
Life in America
Life in America was designed by home schooling parents to meet the needs of families. Features unit studies in a box, with all resource material supplied.
But What About Socialization? Answering the Perpetual Home Schooling Question: A Review of the Literature
This book by Dr. Susan A. McDowell uses research, statistics, and the experiences of homeschooling families to answer questions and counter myths about homeschooling and socialization. Read through a discussion of the multiple meanings of socia...
I Learn Better by Teaching Myself/Still Teaching Ourselves
Take a look at how a homeschooling mother learned to trust her children-and herself-to learn in new ways. Tag along on the journey from the elementary years through high school as this book explore the success and freedom of unstructured learning. Th...