59-65-47 Third Option Law Explanations
In lieu of the
requirements of Section 59-65-40 or Section 59-65-45, parents or
guardians may teach their children at home if the instruction is
conducted under the auspices of an association for homeschools which
has no fewer than fifty members and meets the requirements of this
section. Bona fide membership and continuing compliance with the
academic standards of the associations exempts the home school from
the further requirements of Section 59-65-40 or Section 59-65-45.
NOTE: Please see our Associations page for a list of associations that
participate in the
Carolina
Homeschooler network.
The State
Department of Education shall conduct annually a review of the
association standards to insure that requirements of the association,
at a minimum, include:
(a) a parent must hold at least a high school diploma or the
equivalent general educational development (GED) certificate;
NOTE: If you don’t have either of the above but hold a higher-level degree,
the usual understanding is that this requirement has been met.
(b) the instructional year is at least one hundred eighty days;
NOTE: If your child has been in a public or private school setting and you
begin homeschooling mid-year, count previous days in the 180 day
total. Also, the 180 days do not need to follow the normal public
school calendar. You may school year-around, 3 months on/1 month off,
6 weeks on/1 week off, or whatever schedule best meets the needs of
your family -- as long as the total is 180 days per year.
(c) the curriculum includes, but is not limited to, the basic
instructional areas of reading, writing, mathematics, science, and
social studies, and in grades seven through twelve, composition and
literature; and
NOTE: This is usually understood to mean that after 6th grade,
reading becomes literature and writing becomes composition.
(d) educational records shall be maintained by the parent-teacher and
include:
NOTE:
59-65-47 is the only option which mandates parental maintenance of
student records.
(1) a plan book, diary, or other record indicating subjects taught and
activities in which the student and parent-teacher engage;
NOTE: This can be daily or weekly or somewhere in between. Learning
objectives can be planned in advance or written down after the
learning is completed. See the FAQs area for more information
to help you determine the best record-keeping method for your family.
(2) a portfolio of samples of the student’s academic work; and
NOTE: You don't need to keep a copy of everything your child does. Just
include samples that represent your child’s work in the different
subject areas. Some areas are a little more difficult to document than
others, but it’s doable. See the FAQs area for more information.
(3) a semiannual progress report including attendance records and
individualized documentation of the student's academic progress in
each of the basic instructional areas specified in item (c) above.
NOTE: This can be as simple as a report card, or it can be a non-graded
summary of the topics studied and progress made in each of the subject
areas. See FAQs area for more information.
By January
thirtieth of each year, all associations shall report the number and
grade level of children home schooled through the association to the
children's respective school districts.
59-65-10
Kindergarten & Compulsory Attendance Requirements
(A) All parents or
guardians shall cause their children or wards to attend regularly a
public or private school or kindergarten of this State which has been
approved by the State Board of Education or a member school of the
South Carolina Independent Schools' Association or some similar
organization, or a parochial, denominational, or church-related
school, or other programs which have been approved by the State Board
of Education from the school year in which the child or ward is five
years of age before September first until the child or ward attains
his seventeenth birthday or graduates from high school. A parent or
guardian whose child or ward is not six years of age on or before the
first day of September of a particular school year may elect for their
child or ward not to attend kindergarten. For this purpose, the parent
or guardian shall sign a written document making the election with the
governing body of the school district in which the parent or guardian
resides. The form of the written document must be prescribed by
regulation of the Department of Education. Upon the written election
being executed, that child or ward may not be required to attend
kindergarten.
In other words: Your child must attend kindergarten somewhere (public, private, or
homeschool) if s(he) turns 5 before September 1st of that school year.
Parents may sign a waiver, however, excusing their child from
kindergarten if the child does not turn 6 on or before September 1st of that
school year. The waiver is a simple statement that releases the school
district from any educational "deficiencies" that occur due to the
absence of your child from kindergarten. If you sign the waiver, they
must honor it. If you’re homeschooling only a kindergartener and
complete the waiver, you do not have to register with a homeschool
association for oversight. Many parents, however, choose oversight by
a homeschool association for their kindergartener (at a reduced rate)
in order to avoid contact with their local school district. The
compulsory attendance age in SC is 5 years old (or 6 years old with a
kindergarten waiver) before September 1 until the child reaches 17 or
graduates from high school.
59-65-46
Homeschooling foster children
A foster parent may
teach a foster child at home as provided in Sections 59-65-40,
59-65-45, or any other provision of law [includes 59-65-47],
if, in addition to any other requirements, home schooling of the child
has been approved by the Department of Social Services or other agency
having custody of the child.
And that's that...
We hope this page has helped you understand our homeschooling law. If you have any questions or
concerns about the law or the explanations here, please
email us and/or consult an
attorney. Although we've tried to include the usual interpretations of
the law here, we're not attorneys or "experts" and can't give you legal advice.
Disclaimer: Any legal information provided on
this website is for informational purposes only and should not be
considered complete, professional legal advice.
