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S. 949
STATUS INFORMATION
General Bill
Sponsors: Senators Bryant, Verdin and Campsen
Document Path: l:\s-res\klb\004home.kmm.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Education
Summary: Home schooling requirements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/29/2005 Senate Prefiled 11/29/2005 Senate Referred to Committee on Education 1/10/2006 Senate Introduced and read first time SJ-10 1/10/2006 Senate Referred to Committee on Education SJ-10
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 56 OF TITLE 59 OF THE 1976 CODE, RELATING TO THE ATTENDANCE OF PUPILS, BY ADDING SECTION 59-65-35, TO PROVIDE THE LOCATIONS WHERE A PARENT MAY PROVIDE FOR THE ACADEMIC INSTRUCTION OF THEIR CHILDREN IN A HOME SCHOOLING PROGRAM; TO AMEND SECTIONS 59-65-40, 59-65-45, AND 59-65-47, RELATING TO HOME SCHOOLING REQUIREMENTS, TO PROVIDE THAT THE PARENTS OF HOME SCHOOLED CHILDREN ARE NOT REQUIRED TO BE THE EXCLUSIVE EDUCATORS OF THEIR CHILDREN; AND TO AMEND SECTION 59-65-46, RELATING TO THE HOME SCHOOLING OF A FOSTER CHILD, TO PROVIDE THAT FOSTER PARENTS ARE NOT REQUIRED TO BE THE EXCLUSIVE EDUCATORS OF THEIR FOSTER CHILDREN THAT ARE HOME SCHOOLED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 65 of Title 59 is amended by adding:
"Section 59-65-35. (A) Parents or guardians may provide for the academic instruction of their children pursuant to a home schooling program in the following locations:
(1) at home;
(2) at the home of another child or children participating in a home schooling program; or
(3) at any other suitable location, provided that all of the children assembled at that location are participants in an approved home school program.
(B) For the purposes of this chapter, 'instructor' means the person that actually teaches a child or children."
SECTION 2. Section 59-65-40(A) and (B) of the 1976 Code are amended to read:
"Section 59-65-40. (A) Parents or guardians may teach provide for the academic instruction of their children pursuant to a home schooling program at home if the instruction is approved by the district board of trustees of the district in which the children reside. A district board of trustees shall approve home schooling programs which meet the following standards:
(1) the parent instructor:
(a) holds at least a high school diploma or the equivalent general educational development (GED) certificate and, beginning in the 1989-90 school year, attains a passing score on the basic skills examination developed pursuant to Section 59-26-20(b)(1) after the State Department of Education has validated the test for use with home schooling parents; or
(b) has earned a baccalaureate degree;
(2) the instructional day is at least four and one-half hours, excluding lunch and recesses, and the instructional year is at least one hundred eighty days;
(3) 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;
(4) as evidence that a student is receiving regular instruction, the parent instructor shall present a system for maintaining and maintain the following records for inspection upon reasonable notice by a representative of the school district:
(a) a plan book, diary, or other written record indicating subjects taught and activities in which the student and instructor parent engage;
(b) a portfolio of samples of the student's academic work; and
(c) a record of evaluations of the student's academic progress. A semiannual progress report including attendance records and individualized assessments of the student's academic progress in each of the basic instructional areas specified in item (3) must be submitted to the school district.
(5) students must have access to library facilities;
(6) 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 employee either with public school students or by special arrangement at the student's place of instruction, at the parent's option. The parent is responsible for paying the test administrator if the test is administered at the student's home place of instruction; and
(7) 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 is not being maintained in keeping with the standards specified in this section the district board of trustees shall notify the parent to correct the deficiencies within thirty days. If the deficiencies are not corrected within thirty days, the district board of trustees may withdraw its approval.
(B) The district board of trustees shall provide for an application process which elicits the information necessary for processing the home schooling request, including a description of the program, the texts and materials to be used, the methods of program evaluation, and the place or places 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."
SECTION 3. Section 59-65-45 of the 1976 Code is amended to read:
"Section 59-65-45. In lieu of the requirements of Section 59-65-40, parents or guardians may teach provide for the academic instruction of their children pursuant to a home schooling program 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 South Carolina Association of Independent Home Schools exempts the home school from the further requirements of Section 59-65-40.
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:
(a)(1) a parent an instructor must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b)(2) the instructional year is at least one hundred eighty days; and
(c)(3) 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.
By January thirtieth of each year, the South Carolina Association of Independent Home Schools shall report the number and grade level of children home schooled through the association to the children's respective school districts."
SECTION 4. Section 59-65-46 of the 1976 Code is amended to read:
"Section 59-65-46. A foster parent may teach provide for the academic instruction of a foster child pursuant to a home schooling program at home as provided in Sections 59-65-35, 59-65-40, 59-65-45, or any other provision of law, if, in addition to any other requirements, home schooling of the child has been approved by the Department of Social Services or other agency having custody of the child."
SECTION 5. Section 59-65-47 of the 1976 Code is amended to read:
"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach provide for the academic instruction of their children pursuant to a home schooling program 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)(1) a parent an instructor must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b)(2) the instructional year is at least one hundred eighty days;
(c)(3) 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)(4) educational records shall be maintained by the parent-teacher and include:
(1)(a) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
(2)(b) a portfolio of samples of the student's academic work; and
(3)(c) 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)(3) 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."
SECTION 6. This act takes effect upon approval by the Governor.
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