Primer: Definitions & Requirements

Article 39 of chapter 115C

During the 1988 session of the North Carolina General Assembly, Article 39 of chapter 115C of the General Statutes (www.ncga.state.nc.us) was amended to allow home instruction, under certain conditions, as a means of complying with compulsory school attendance requirements. On March 5, 2013 NCHE had bills filed in the NC House of Representatives and the Senate to change the 1988 definition of "home school". On Thursday, May 30, 2013 Governor Pat McCrory signed Senate Bill 189 modifing the definition of homeschool in the law.

Definitions:

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.
Duly authorized representative of the state
The Director of The Division of Non-Public Education or his/her staff

Requirements:

  • Notify the Department of Administration, Division of Non-Public Education of your intent to operate a school and include your school name, and name of chief administrator.
  • Certify that the persons providing the academic instruction hold at least a high school diploma or its equivalent.
  • Maintain attendance records on each student.
  • Maintain immunization records on each student.
  • Operate on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year.
  • Administer a nationally standardized test, or other equivalent measurement, that measures achievement in the areas of English grammar, reading, spelling, and math, to every student each year, and maintain the results on file for one year, subject to inspection by a duly authorized representative of the State.
  • Notify the Department of Administration, Division of Non-Public Education, when closing your school.