In conformity with the Constitutions of the United States and of North Carolina, it is the public policy of the State in matters of education that "No human authority shall, in any case whatever, control or interfere with the rights of conscience," or with religious liberty and that "religion, morality and knowledge being necessary to good government and the happiness of mankind... the means of education shall forever be encouraged." (1979, c. 505; 1981, c 423, s. 1.)

Legal Periodicals. -- For comment, "The State and Sectarian Education: Regulation to Deregulation," see 1980 Duke L.J. 801. For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).

Case Notes

Purpose. -- The evident purpose of Parts 1 and 2 of Article 39 of Chapter 115C is to loosen, rather than tighten, the standards for nonpublic education in North Carolina. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Home Instruction of Children. -- Plaintiff's home instruction of his school-age children was not prohibited by compulsory school attendance statutes. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Cited in Duro v. District Att'y, 712 F.2d 96 (4th Cir. 1983).

Opinions of Attorney General

Requirements for Home School. -- Parents who educate their child in a home school which has not met the requirements of Article 39 of Chapter 115C, but has been created as a satellite by another recognized home school, are not in compliance with the Compulsory Attendance Law. See opinion of Attorney General to Mr. Charles C. McConnell, Superintendent, Haywood County Schools, 55 N.C.A.G. 86 (1986).

Each private church school or school of religious charter shall make, and maintain annual attendance and disease immunization records for each pupil enrolled and regularly attending classes. Attendance by a child at any school to which this Part relates and which complies with this Part shall satisfy the requirements of compulsory school attendance: Provided, however, that such school operates on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year. Each school shall be subject to reasonable fire, health and safety inspections by State, county and municipal authorities as required by law. (1979, c. 505; 1981, c. 423, s. 1.)

Case Notes

There are four ways by which school-aged children in this State may comply with school attendance statues. First, under 115C-378 a child may attend public school. Second, under the same section, a child may attend an "approved," "nonpublic school" which maintains the required records and conducts its curriculum concurrently with the local public school. Third, a child may attend a "private church school or school of religious charter" which meets the requirements of 115C-547 et seq. Fourth, a child may attend a "nonpublic school" which "qualifies" by meeting the requirements of 115C-555 et seq. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Home Instruction of Children. -- Plaintiff's home instruction of his school-age children was not prohibited by compulsory school attendance statutes. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Applied in Duro v. District Att'y, 712 F.2d 96 (4th Cir. 1983).

Each private church school or school of religious charter shall administer, at least once in each school year, a nationally standardized test or other nationally standardized equivalent measurement selected by the chief administrative officer of such school, to all students enrolled or regularly attending grades three, six and nine. The nationally standardized test or other equivalent measurement selected must measure achievement in the areas of English grammar, reading, spelling and mathematics. Each school shall make and maintain records of the results achieved by its students. For one year after the testing, all records shall be made available, subject to the provision of G.S. 115C-196, at the principal office of such school, at all reasonable times, for annual inspection by a duly authorized representative of the State of North Carolina. (1979, c. 505; 1981, c. 423, s. 1; 1987, c. 738, s. 180(b).)

Editor's Note. -- Session Laws 1987, c. 738, s. 1.1 provides c. 738 shall be known as "The Current Operations Appropriations Act of 1987."

Session Laws 1987, c. 738, s. 237 is a severability clause.

Section 115C-196, referred to in this section, was repealed by Session Laws 1985 (Reg. Sess., 1986), c. 1014, s. 74(a), effective July 15, 1986. For present provisions as to testing, see 115C-174.1 et seq.

Effect of Amendments. -- The 1987 amendment, effective August 7, 1987, and applicable to all school years beginning with the 1987-88 school year, deleted "one, two," following "grades" near the end of the first sentence.

Case Notes

Applied in Duro v. District Att'y, 712 F.2d 96 (4th Cir. 1983).

To assure that all high school graduates possess those minimum skills and that knowledge thought necessary to function in society, each private church school or school of religious charter shall administer at least once in each school year, a nationally standardized test or other nationally standardized equivalent measure selected by the chief administrative officer of such school, to all students enrolled and regularly attending the eleventh grade. The nationally standardized test or other equivalent measurement selected must measure competencies in the verbal and quantitative areas. Each private church school or school of religious charter shall establish a minimum score which must be attained by a student on the selected test in order to be graduated from high school. For one year after the testing, all records shall be made available, subject to the provision of G.S. 115C-196, at the principal office of such school, at all reasonable times, for annual inspection by a duly authorized representative of the State of North Carolina. (1979, c. 505; 1981, c. 423, s. 1.)

Editor's Note. -- Section 115C-196, referred to in this section, was repealed by Sessions Laws 1985 (Reg. Sess., 1985), c. 1014, s. 74(a), effective July 15, 1986. For present provisions as to testing, see 115C-174.1 et seq.

Case Notes

Applied in Duro v. District Att'y, 712 F.2d 96 (4th Cir. 1983).

Any such school may, on a voluntary basis, participate in any State operated or sponsored program which would otherwise be available to such school, including but not limited to the high school competency testing and statewide testing programs. (1979, c. 505; 1981, c. 423, s. 1.)

(a) Any new school to which this Part relates shall send to a duly authorized representative of the State of North Carolina a notice of intent to operate, name and address of the school, and name of the school's owner and chief administrator.

(b) Any school to which this Part applies shall notify a duly authorized representative of the State of North Carolina upon termination of the school. (1979, c. 505; 1981, c. 423, s. 1.)

The duly authorized representative of the State of North Carolina to whom reports of commencing operation and termination shall be made and who may inspect certain records under this Part shall be designated by the Governor. (1979, c. 505; 1981, c. 423, s. 1.)

No school, operated by any church or other organized religious group or body as part of its religious ministry, which complies with the requirements of this Part shall be subject to any other provision of law relating to education except requirements of law respecting fire, safety, sanitation and immunization. (1979, c. 505; 1981, c. 423, s. 1.)

Legal Periodicals. -- For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).

The provisions of this Part shall apply to any nonpublic school which has one or more of the following characteristics:

(1) It is accredited by the State Board of Education.

(2) It is accredited by the Southern Association of Colleges and Schools.

(3) It is an active member of the North Carolina Association of Independent Schools.

(4) It receives no funding from the State of North Carolina. (1979, c. 506; 1981, c. 423, s. 1.)

Legal Periodicals. -- For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).

Case Notes

Purpose. -- The evident purpose of Parts 1 and 2 of Article 39 of Chapter 115C is to loosen, rather than tighten, the standards for nonpublic education in North Carolina. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Each subdivision of this section is equally specific and discrete and stands on its own footing. And this section clearly requires that only one of the "characteristics" which it sets out be present. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Home Instruction of Children. -- Plaintiff's home instruction of his school-age children was not prohibited by compulsory school attendance statutes. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Opinions of Attorney General

Requirements for Home School. -- Parents who educate their child in a home school which has not met the requirements of Article 39 of Chapter 115C, but has been created as a satellite by another recognized home school, are not in compliance with the Compulsory Attendance Law. See opinion of Attorney General to Mr. Charles C. McConnell, Superintendent, Haywood County Schools, 55 N.C.A.G. 86 (1986).

Each qualified nonpublic school shall make, and maintain annual attendance and disease immunization records for each pupil enrolled and regularly attending classes. Attendance by a child at any school to which this Part relates and which complies with this Part shall satisfy the requirements of compulsory school attendance: Provided, however, that such school operates on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year. Each school shall be subject to reasonable fire, health and safety inspections by State, county and municipal authorities as required by law. (1979, c. 506; 1981, c. 423, s. 1.)

Case Notes

There are four ways by which school-aged children in this State may comply with school attendance statutes. First, under 115C-378 a child may attend public school. Second, under the same section, a child may attend an "approved," "nonpublic school" which maintains the required records and conducts its curriculum concurrently with the local public school. Third, a child may attend "a private church school or school of religious charter" which meets the requirements of 115C et. Seq. Fourth, a child may attend a "nonpublic school" which "qualifies" by meeting the requirements of 115C-555 et seq. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Home Instruction of Children. -- Plaintiff's home instruction of his school-age children was not prohibited by compulsory school attendance statutes. Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Each qualified nonpublic school shall administer, at least once on each school year, a nationally standardized test or other nationally standardized equivalent measurement selected by the chief administrative officer of such school, to all students enrolled or regularly attending grades three, six and nine. The nationally standardized test or other equivalent measurement selected must measure achievement in the areas of English grammar, reading, spelling and mathematics. Each school shall make and maintain records of the results achieved by its students. For one year after the testing, all records shall be made available, subject to the provision of G.S. 115C-196, at the principal office of such school, at all reasonable times, for annual inspection by a duly authorized representative of the State of North Carolina. (1979, c. 506; 1981, c. 423, s. 1; 1987, c. 738, s. 180(c).)

Editor's Note. -- Session Laws 1987, c. 738, s. 1.1 provides c. 738 shall be known as "The Current Operations Appropriations Act of 1987."

Session Laws 1987, c. 738, s. 237 is a severability clause.

Section 115C-196, referred to in this section, was repealed by Session Laws 1985 (reg. Sess., 19886), c. 1014 , s. 74(a), effective July 15, 1986. For present provisions as to testing, see 115C-174.1 et seq.

Effect of Amendments. -- The 1987 amendment, effective August 7, 1987, and applicable to all school years begining with the 1987-88 school year, deleted "one, two," following "grades" near the end of the first sentence.

Case Notes

Applied in Duro v. District Att'y, 712 F.2d 96 (4th Cir. 1983).

Stated in Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

To assure that all high school graduates possess those minimum skills and that knowledge thought necessary to function in society, each qualified nonpublic school shall administer at least once in each school year, a nationally standardized test or other nationally standardized equivalent measure selected by the chief administrative officer of such school, to all students enrolled and regularly attending the eleventh grade. The nationally standardized test or other equivalent measurement selected must measure competencies in the verbal and quantitative areas. Each qualified nonpublic school shall establish a minimum score which must be attained by a student on the selected test in order to be graduated from high school. For one year after the testing, all records shall be made available, subject to the provision of G.S. 115C-196, at the principal office of such school, at all reasonable times, for annual inspection by a duly authorized representative of the State of North Carolina. (1979, c. 506; 1981, c. 423, s. 1.)

Editor's Note. -- Section 115C-196, referred to in this section, was repealed by Session Laws 1985, (Reg. Sess., 1986), c. 1014, s. 74(a), effective July 15, 1986. For present provisions as to testing, see 115C-174.1 et seq.

Case Notes

Stated in Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

Any such school may, on a voluntary basis, participate in any State operated or sponsored program which would otherwise be available to such school, including but not limited to the high school competency testing and statewide testing programs. (1979, c. 506; 1981, c. 423, s. 1.)

(a) Any new school to which this Part relates shall send to a duly authorized representative of the State of North Carolina a notice of intent to operate, name and address of the school, and name of the school's owner and chief administrator.

(b) Any school to which this Part applies shall notify a duly authorized representative of the State of North Carolina upon termination of the school. (1979, c. 506; 1981, c. 423, s. 1.)

Legal Periodicals. -- For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).

Case Notes

Cited in Delconte v. State, 313 N.C. 384, 329 S.E.2d 636 (1985).

The duly authorized representative of the State of North Carolina to whom reports of commencing operation and termination shall be made and who may inspect certain records under this Part shall be designated by the Governor. (1979, c. 506; 1981, c. 423, s. 1.)

No qualifying nonpublic school, which complies with the requirements of this Part, shall be subject to any other provision of law relating to education except requirements of law respecting fire, safety, sanitation and immunization. (1979, c. 506; 1981, c. 423, s. 1.)

Legal Periodicals. -- For note, "Delconte v. State: Some Thoughts on Home Education," see 64 N.C.L. Rev. 1302 (1986).

Part 3. HOME SCHOOLS.

As used in this Part or Parts 1 and 2 of this section [Article]:

(a) "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.

(b) "Duly authorized representative of the State" means the Director, Division of Nonpublic Education, or his staff. (1987 (Reg. Sess., 1988), c. 891, s. 1.)

Editor's Note. -- The words "this section" in the introductory language of this section were apparently intended to read "this Article."

A home school shall make the election to operate under the qualifications of either Part 1 or Part 2 of this Article and shall meet the requirements of the Part elected, except that any requirement related to safety and sanitation inspections shall be waived if the school operates in a private residence and except that testing requirements in G.S. 115C-549 and G.S. 115C-557 shall be on an annual basis. The persons providing academic instruction in a home school shall hold at least a high school diploma or its equivalent. (1987 (Reg. Sess., 1988), c. 8891, s. 1.)

No school which complies with this Part shall be subject to any other provision of law relating to education except requirements of law respecting immunization. (1987 (Reg. Sess., 1988), c. 891, s. 1.)

115C-566, 115C-567: Reserved for future codification purposes.