Senate Bill 189 & House Bill 230 Filed

Senate Bill 189 and House Bill 230 were filed on March 5, 2013, as companion bills to amend the definition of “home school.”

Senate Bill 189 and House Bill 230 (Bills to amend the definition of home school.)

“Home school” means a nonpublic school consisting of the children of not more than two families or households, where the parents or legal guardians or members of either household determine the scope and sequence of academic instruction, provide academic instruction and determine additional sources of academic instruction.

For information about bill sponsors and status, visit the North Carolina General Assembly online system of legislative activity:

Please contact your legislators and ask them to support Senate Bill 189 and House Bill 230.

On Jan. 29, the NCHE board voted to proceed to Phase 2 in the process of researching amending our homeschool definition. During this phase, we were to finalize the wording of the proposed definition and get sponsors and support from the GA. During that time, the wording of the definition was being crafted and went through many revisions. It was not until last week that we arrived at the final wording and proceeded to get support. However, we did not have board approval yet.

After weeks of dialogue with individuals across the state including homeschoolers, legal advisers and legislators, on Saturday, March 2, the NCHE board of directors voted to proceed with plans to amend the law defining a homeschool in NC.

The following reasons cited for the action, include:

  • The majority of the feedback NCHE received from homeschoolers across the state has been positive concerning the change.
  • Several legislators expressed significant support for an amended definition.
  • Another NC homeschool organization expressed intent to pursue similar aims.
  • Counsel from homeschoolers, bill writers and legislators had resulted in refined language.

The Current Law

"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.

Senate Bill 189 and House Bill 230 (Bills to amend the definition of home school.)

“Home school” means a nonpublic school consisting of the children of not more than two families or households, where the parents or legal guardians or members of either household determine the scope and sequence of academic instruction, provide academic instruction and determine additional sources of academic instruction.

This language avoids problems in the earlier possible definitions and gives additional protection for homeschoolers.

  • The definition is crafted to allow additional sources of academic instruction and not be limited to only two families in those additional sources.
  • The words “academic instruction” is used with parental instruction and with additional sources. This insures that the DNPE interpretation for both will be the same.
  • Adding the phrase “determine the scope and sequence of academic instruction” will give homeschoolers added protection from the federal Core Curriculum.
  • The phrase that the parents “provide academic instruction” insures that there is a distinct difference between homeschools and other non-public schools.
  • One of our desires in changing our definition was to make it legal for grandparents to participate in the homeschooling process. Therefore, in some of our other possible wordings we had included grandparents as instructors. They were left out of this bill because we didn't want to give them the same legal standing as the parents However, they can be “additional sources.”
  • The wording in this bill accommodates all the activities in which homeschoolers are currently engaged.
  1.       Co-ops, small and large
  2.       Tutors
  3.       Outside classes
  4.       Online or correspondence classes
  5.       Grandparents as teachers
  6.       Two household homeschools and other members of household as instructors
  7.        Participation in “Career and College Promise” in our community colleges.
  8.        Engaging trained professionals to provide instruction to homeschooled students with learning disabilities.

It has been 25 years since NCHE got our homeschool law passed in 1988. Since then, the interpretation of our homeschool law by the Division of Non-Public Education has been that all core subjects (language arts, math, science and social studies) must be taught by the student's parents or legal guardians or a member of the household.

However, education has become more collaborative with the use of the Internet, specialized instructors and co-operative activities of homeschool parents. Parents and professional educators I talk with quickly recognize this and see the importance of using outside resources when homeschooling, especially in the high school years. The language of the bill will allow homeschool parents to choose the best additional educational sources and experiences for their children. It will also allow parents to take advantage of future technological developments in educating their children.

Spencer Mason
Legislative Vice President,
North Carolinians for Home Education
Home (704) 541-5145
Mobile (704) 661-6299

LegislativeVP@nche.com