The Law

SECTION 59-65-47. Associations for home schools; requirements.
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 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 standards of the associations 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 association standards to ensure 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;

(b) the instructional year is at least one hundred eighty days;

(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

(d) educational records shall be maintained by the parent-teacher and
include:

(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;

(2) a portfolio of samples of the student’s academic work; and

(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.

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.

An explanation of the law:

Effective June 20, 1996, under Title 59, Chapter 65 of the 1976 Code the following section was added:

Section 59-65-47.

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 you homeschool under 59-65-47 the requirements of Section 59-65-40 and Section 59-65-45 do not apply to you.

Note: Statutory provisions do not authorize students to be taught by
anyone other than their parents or guardians in a home instruction setting. 1989 Op Atty Gen, No 89-22, p. 60.

if the instruction is conducted under the auspices of an association for homeschools.
The association must have a minimum of 50 members.

Bona fide membership and continuing compliance with the academic standard of the association
The homeschooler must be a member that maintains compliance of the academic standards of the association.

exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
Neither Section 59-65-40 nor Section 59-65-45 apply to you.

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:
The State Dept. of Ed. requires all associations to certify that they
are requiring the minimums listed below.

(a) A parent must hold at least a high school diploma or the equivalent
general educational development (GED) certificate;
The parent must have at least a high school diploma or a GED.

(b) the instructional year is at least one hundred eighty days;
Your homeschool must count 180 days of school each year.

(c) the curriculum includes, but is not limited to, the basic
instructional areas of reading, writing, mathematics, science, and
social studies,
The subjects required for all students are reading, writing,
mathematics, science, and social studies. You may certainly cover other
areas.

and in grades seven through twelve, composition and literature; and
Students in 7th to 12th grades are also required to include
composition and literature.

(d) educational records shall be maintained by the parent-teacher and
include:
The parent/teacher shall keep all records.

(1) a plan book, diary, or other record indicating subjects taught and
activities in which the student and parent-teacher engage;
You are NOT required to keep a plan book, diary AND other record;
however, you are required to keep ONE of them.

(2) a portfolio of samples of the student's academic work; and
You do not need to keep all of the student's work. You must keep
samples: small parts that are representative of the whole.

(3) a semi-annual 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.
You must complete a semi-annual progress report and a record of
attendance.

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.
Each association has until January 30th of each year to report how
many students in each grade to the school districts.

HIGHLIGHTS

If you homeschool under Section 59-65-47, neither Section 59-65-40 nor
Section 59-65-45 apply to you.

Accountability for homeschoolers under 59-65-47 requires that
*associations* must require the complete requirements of 59-65-47.

*Parents* are accountable for maintaining educational records under
59-65-47.

The home instruction law does not authorize on-site visits to a home
prior to approval of a home instruction program, nor does it authorize
subsequent visits to determine whether standards are being met; prior
visits would only be permissible with the agreement of the parent or
guardian as an alternative to providing additional information about
the place of instruction. 1989 Op Atty Gen, No 89-22, p. 60.] SC ST SEC
59-65-47 Homeschools do not have to allow or provide any public
official any information about their homeschool without a legal court
order.

Statutory provisions do not authorize students to be taught by anyone
other than their parents or guardians in a home instruction setting.
1989 Op Atty Gen, No 89-22, p. 60.