Legal Requirements

Testing is not required under third option homeschool laws. Many of our members do choose to use standardized testing around 3rd to 5th grades for various reasons such as development of test taking skills, education level assurance, etc. Please see our testing resource list.

HOMESCHOOL LAWS FOR FAITHFUL SCHOLARS AND ALL OTHER ACCOUNTABILITY ASSOCIATIONS

COMMONLY REFERRED TO AS ‘THIRD OPTION’

Section 59-65-47 in lieu of the requirements of Section 59-65-40 or 59-65-45.

Parents or legal guardians may teach their children at home if the instruction is conducted under the auspices of an association for home schools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standard of the association exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the associations standard to insure that requirements of the association, at the minimum include:
a parent must hold at least a high school diploma or the equivalent general education development (GED) certificate;
the instructional year is at least one hundred-eighty (180) days;
the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, sciences, and social studies, and in grades seven through twelve, composition and literature; and
educational records shall be maintained by the parent-teacher and include:
- a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
- a portfolio of samples of the student’s academic work; and
- a semi-annual progress report including attendance records and individualized documentation of the student’s academic progress in each of the basic instructional areas as previously specified.
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.

HOMESCHOOL LAWS FOR S.C. ASSOCIATION OF INDEPENDENT HOME SCHOOLS (SCAIHS)

COMMONLY REFERRED TO AS ‘SECOND OPTION’

Section 59-65-45 in lieu of the requirements of 59-65-40.

Parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools. Bona fide membership and continuing compliance with the academic standards of SCAIHs exempts the home schooler from the further requirements of 59-65-40.
The State Department of Education shall conduct annually a review of the associations standard to insure that requirements of the association, at the minimum include:
a parent must hold at least a high school diploma or the equivalent general education development (GED) certificate;
the instruction year is at least one hundred-eighty (180) days; and
the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, sciences, and social studies, and in grades seven through twelve, composition and literature.
By January thirtieth of each year, SCAIHS shall report the number and grade level of children home schooled through the association to the children’s respective school districts.

HOMESCHOOL LAWS FOR S. C. PUBLIC SCHOOLS WHICH INCLUDES VIRTUAL PUBLIC SCHOOLS

COMMONLY REFERRED TO AS ‘FIRST OPTION’

Section 59-65-40

Instruction during the school term at a place other than a school may be substituted for school attendance; provided such instruction is approved by the State Board of Education as substantially equivalent to instruction given to children of like ages in the public or private schools where such children reside.
Parents or guardians may teach their children at home if the instruction is approved by the district board of trustees of the district in which children reside. A district board of trustees shall approve home schooling programs which meet the following standards:
parents level of education:
- the parent holds at least a high school diploma or the equivalent general educational development (GED) certificate or has earned a baccalaureate degree;
the instructional day is at least four and one-half (4 1/2) hours, excluding lunch and recesses, and the instructional year is at least one hundred-eighty (180) days;
the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, sciences, and social studies and in grades seven through twelve, composition and literature;
as evidence that a student is receiving regular instruction, the parent shall present a system for maintaining, and maintain, the following records for inspection upon reasonable notice by a representative of the school district:
- a plan book, diary, or other written record indicating subjects taught and activities in which the student and parent-teacher engage.
- a portfolio of samples of the student’s academic work; and
- a record of evaluations of the student’s academic progress. a semi-annual progress report including attendance records and individualized assessments of the student’s academic progress in each of the basic instructional areas specified and must be submitted to the school districts.
students must have access to library facilities;
students must participate in the annual statewide testing program and the Basic Skills Assessment Program approved by the State Board of Education for their appropriate grade level. The tests must be administered by a certified school district employees either with public school students or by special arrangement at the student’s place of instructions, at the parent’s option. The parent is responsible for paying the test administrator if the test is administered at the student’s home; and
parents must agree in writing to hold the district, the district board of trustees and the district’s employees harmless for any educational deficiencies of the student sustained as a result of home instruction. At any time the school district determines that the parent is not maintaining the home school program in keeping with the standard specified in this section the district board of trustees shall notify the parents to correct the deficiencies within thirty (30) days. If the deficiencies are not corrected within thirty (30) days, the district board of trustees may withdraw its approval.
The district board of trustees shall provide for an application process which elicits the information necessary for processing the home schooling requests, including a description of the program, the texts and materials to be used, the methods of program evaluation, and the place of instruction. Parents must be notified in advance of the date, place, and time of the meeting at which the application is considered by the board and parents may be heard at the meeting.
Within the first fifteen (15) instructional days of the public school year, students participating in home instruction and eligible for enrollment in the first grade of the public schools must be tested to determine their readiness for the first grade using the readiness instrument approved by the State Board of Education for public school students. If a student is determined to be ‘not ready’ or is determined to lack the necessary emotional maturity, the parent must be advised by appropriate school district personnel whether a kindergarten or a first grade curriculum should be used for the child. Nothing in this section may be interpreted to conflict with a parent’s right to exempt his child from kindergarten as provided in Section 59-65-10(A).
Should a student in a home schooling program score below the test requirements of the promotion standard prescribed for public school students by the State Board of Education for one year, the district board of trustees shall decide whether or not the student shall receive appropriate instructional placement in the public school, special services as a handicapped student, or home schooling with an instructional support system at parental expense. The right of a parent to enroll his child in a private or parochial school is provided in Section 59-65-10(A) is unaffected by the provision.
If a parent is denied permission to begin or continue home schooling by a district board of trustees, the decision of the school board may be appealed, within ten (10) days, to the State Board of Education. Any appeal forming the decision of the State Board of Education must be taken, within thirty (30) days, to the family court.