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
§ 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."
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.
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-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-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.
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.
Frequently Asked Home School Question Topics
Common questions and answers regarding homeschooling in North Carolina.
North Carolina Homeschool Legislative Issues Blog
This blog addresses current legal issues regarding home education in North Carolina.
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.
§ 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-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-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-549. Standardized testing requirements.
Each private church school or school of religious charter 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...
§ 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-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. ...
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Featured Resources
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