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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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-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-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-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.
A New Charter for Homeschooling?
Discusses some of the issues relating to homeschoolers in North Carolina placing their children in public charter and virtual charter schools for some or all of their education. Using examples from Alaska, California, and other parts of the country, author Dr. Karen Palasek examines why homeschooling parents need to be informed about the implications of this type of enrollment.
§ 115C-550. High school competency testing.
To assure that all high school graduates possess those minimum skills and that knowledge thought necessary to function in society, 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 measure selected by the chief administrative officer of such school, to all students enrolled and regularly attending the eleventh grade. The nationally standardized test or other equi...
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.
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.
Home School Attendance Record Form
This sample form is provided by the NC Division of Non-Public Education.
§ 115C-551. 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.
§ 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.
§ 115C-565. Requirements exclusive.
No school which complies with this Part shall be subject to any other provision of law relating to education except requirements of law respecting immunization. The Division of Nonpublic Education, Department of Administration, shall provide to home schools information about meningococcal meningitis and influenza and their vaccines. This information may be provided electronically or on the Division's Web page. The information shall include the causes, symptoms, and how meningococcal meningitis a...
§ 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-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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