Homeschooling is a growing trend in South Carolina and across the nation. Over 32,000 children were homeschooled in the state of South Carolina for the 2023-24 school year. For children and families where a traditional in-classroom environment just doesn't work, homeschooling is a viable and valuable alternative.
However, the laws surrounding homeschooling in South Carolina can be difficult to navigate. You must meet all of the state's legal requirements, have the proper teacher qualifications, cover state-mandated subjects, and more. All of these issues must be carefully considered, and some will be much easier to work with when you have legal guidance.
The Education Law Team at the Lento Law Firm knows how to help. We understand what homeschooling families are up against, both in South Carolina and the rest of the nation. We're ready to help you navigate the legal pathways to educating your children at home. Call us today at 888-535-3686 or contact us online to start your confidential consultation.
Parental Rights to Homeschool in South Carolina
Parents in South Carolina have the right to withdraw their children from public school and instead enroll them in a home-based education program. South Carolina statutes give three different options to parents or guardians who want to homeschool their children.
Option One allows parents to educate their children at home under the auspices of a school district. The state notes that this is the most burdensome and restrictive option and recommends that parents pursue one of the other two options instead. Parents pursuing this route must obtain approval from the district board of trustees and then meet a number of requirements:
- Have a high school diploma or GED or have earned a baccalaureate degree
- Teach the child for at least 180 days per school year
- include reading, writing, math, science, and social studies in the curriculum, with composition and literature included for grades 7-12
- Maintain records of instruction, including a book of lesson plans, samples of the child's work, and a record of academic progress
- Submit a semiannual progress report that includes attendance records and documented academic progress in required subjects
- Ensure the child has access to library facilities
- Administer annual skills tests
Option Two lets parents enroll in the South Carolina Association of Independent Home Schools (SCAIHS), which will then oversee the rules and regulations of providing a homeschool education. The SCAIHS requires homeschool providers to meet the following requirements:
- Have a high school diploma or GED
- Teach the child for at least 180 days per school year
- include reading, writing, math, science, and social studies in the curriculum, with composition and literature included for grades 7-12
Option Three allows parents to enroll in a “50-Member Group,” a homeschool association with at least 50 members. The Group then maintains all requirements to ensure a proper homeschool education is administered, including:
- Have a high school diploma or GED.
- Teach the child for at least 180 days per school year.
- include reading, writing, math, science, and social studies in the curriculum, with composition and literature included for grades 7-12
- Keep the following educational records:
- All subjects taught and activities conducted
- Samples of the child's academic work
- A semiannual progress report that includes attendance records and documented academic progress in required subjects
Again, the state of South Carolina recommends avoiding Option One and instead choosing Option Two or Three. However, should you attempt to homeschool under the homeschool statute, it's important to note that you will have ten days to appeal any decisions made by the Board of Trustees to the State Board of Education and 30 days to appeal the State Board decision to the family court. In either case, the Lento Law Firm can help you navigate the appeals process.
Avoiding Truancy Charges for Homeschooled Children in South Carolina
Children ages 5-17 in the state of South Carolina are required to attend school. Missing too many days of school can result in criminal truancy charges for the children and fines or jail time for parents. If you're homeschooling your child, it's essential that you maintain attendance records to avoid facing charges of truancy.
Absences fall into two categories based on the reason for the absence: lawful and unlawful. Typically, a child is allowed ten lawful absences per school year. Legal absences include:
- Illness
- Death or serious illness in the student's immediate family
- Religious holidays
- Doctor's appointments
- Sports, band trips, and other absences approved in advance by the school principal
- And more
Illegal absences, by comparison, are ones that have no legitimate reason behind them, such as skipping school. Three consecutive illegal absences are typically considered grounds for a truancy charge, as are five unlawful absences in one year.
Truancy charges can carry legal consequences, including probation or placement in a Department of Juvenile Justice Institution for the child and fines and/or imprisonment for the parents. Chronic truancy can lead to contempt of court charges with additional consequences.
If your child is facing truancy charges, or if your homeschool is having issues proving attendance to the state, the offices of the Lento Law Firm can help. We can assist you in finding the right forms and points of contact, and we'll be with you every step of the way to make sure your case is handled properly.
Access to Sports and Clubs in South Carolina Public Schools
South Carolina law provides for homeschooled children to have equal access to interscholastic activities like sports, music, and other clubs. The child must have been taught in a certified homeschool environment for at least a year prior to participating in the selected activity, and they must also meet all school district eligibility requirements except for in-class attendance and enrollment.
Homeschooled students partaking in interscholastic activities must also reside within the attendance boundaries of the school in which they will be participating.
Interscholastic clubs, sports, and other activities are an important part of the education experience for any child, as they can help them develop social skills and problem-solving abilities. If your local school district is challenging your homeschooled child's ability to participate in interscholastic activities, the Lento Law Firm Education Law Team is ready to help.
We will work to prove your student meets the legal requirements for participation and ensure the local school district is aware of their legal obligation to allow any qualified homeschooled student to take part in interscholastic activities.
Immunization Requirements for Homeschool Students in South Carolina
When it comes to homeschooling, South Carolina does not have any additional state requirements for immunization. However, the state does require vaccinations for enrollment in public school or childcare. This could lead to complications if a homeschooled child is participating in interscholastic activities at their local school district. The Education Law Team at the Lento Law Firm is ready to field your questions about immunizations and vaccines to make sure your child meets any eligibility requirements without impeding their personal rights.
Special Education for Homeschooled Children in South Carolina
South Carolina does not have any additional requirements for homeschooling a child with special education needs. However, it's not easy to successfully navigate the special education system as a homeschooling parent. Consider contacting local advocacy organizations for special education, as they can provide you with valuable support and resources.
As the homeschool parent of a special education student, you must also be their advocate. The federal Individuals with Disabilities Education Act provides for all children with disabilities to have access to appropriate educational services, including students who are homeschooled. You may find yourself working closely with your homeschool association or your local public school district to make sure your child's needs are properly met.
If you're looking for additional resources or support for your homeschooled child, the Lento Law Firm can help make sure you explore all the proper avenues at your disposal.
Getting a High School Diploma in South Carolina
Homeschooled students are not eligible for state diplomas in South Carolina. The state only awards diplomas to public school graduates. Interestingly, this means that private school students are also excluded from receiving state diplomas in South Carolina.
However, if you are part of a homeschool association, that association may award diplomas to students. You can also issue a diploma to your homeschooled student if you are an independent homeschool provider who is not part of an association.
When it comes to finding employment or seeking further education, these diplomas are generally just as acceptable as state-awarded diplomas when they are backed by solid records and/or standardized test results. Students homeschooled in South Carolina are also eligible to take the General Educational Development (GED) test, which will provide them with a nationally standardized certification of their educational accomplishments.
It's important that you keep meticulous records related to your child's enrollment in homeschooling in South Carolina, including diplomas, test results, and other paperwork. This will prove useful when your child pursues further education or future employment. And if schools or employers don't recognize your child's qualifications, contact the Education Law Team at the Lento Law Firm.
Transcripts for Homeschooled Students
Similar to diplomas, you will have to create your own transcript for your homeschooled students. Transcripts should include a listing of courses taken and their types (i.e., honors or college prep), grades earned, cumulative GPA, and SAT/ACT scores (if applicable).
Transcripts are a useful tool for students applying to colleges and universities. A homeschool transcript is just as valid as one provided by a public, private, or other school. If your child is having difficulty getting their homeschool transcript accepted by a college, contact the Lento Law Firm. We can help make sure your transcripts, diplomas, and other certificates meet the state's standards.
Higher Education Tuition Assistance for Homeschooled Students
Students who received their high school education at home and decided to pursue further education at a college or university are eligible for the same state-funded tuition assistance as any other student in South Carolina. This includes scholarships, grants, and the Lottery Tuition Assistance Program (which applies only to two-year institutions).
South Carolina offers three state-sponsored scholarships — LIFE, HOPE, and Palmetto Fellows. Each scholarship offers a path to apply without using class rank as a metric, meaning homeschooled students are eligible to qualify, provided they meet the rest of the criteria.
The state's need-based grant is similarly open to homeschooled students. Students must be determined “in need” by the Federal Application for Student Aid (FAFSA) based on their finances, along with meeting certain academic criteria. Students pursuing a two-year degree can apply for Lottery Tuition Assistance.
If you or your homeschooled student are running into difficulty applying to any of the state-funded tuition assistance options in South Carolina, get in touch with the Lento Law Firm to find out what your options are.
Defending Your Right to Homeschool in South Carolina
Homeschooling is a growing trend in South Carolina and across the nation. Despite that, parents and guardians who choose to educate their children at home often have a difficult path to navigate. The Lento Law Firm Education Law Team is ready to help these families defend their right to homeschool their children.
In South Carolina, the option to enroll in a 50-member Group or the SCAIHS gives homeschool providers more support than they might find in other states. But these associations are no replacement for qualified legal representation, especially if you're dealing with truancy accusations, trouble participating in interscholastic activities, or other legal issues… or if you're having issues within the organization itself.
The Lento Law Firm's Education Law Team is ready to answer any questions you have about homeschooling in the state of South Carolina. We're dedicated to defending your rights as a homeschool provider as well as the rights of your students, and we can help provide the resources and support you need to navigate the tricky legal landscape of homeschooling. Call us at 888-535-3686 or contact us online for your confidential consultation.
