Private School Regulation
North Carolina
It is the public policy of North Carolina 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." N.C.
Gen. Stat. § 115C-547.
Registration/Licensing/Accreditation: Children in North Carolina
may attend private church schools or schools of religious charter under § 115C-547 et
seq., or nonpublic schools which qualify under § 115C-555 et
seq. Delconte v. State, 329 S.E.2d 636 (1985). Private church
schools or schools of religious charter and qualifying nonpublic schools
which comply with these controlling provisions are not subject to any other
educational provisions except requirements respecting fire, safety, sanitation
and immunization. N.C. Gen. Stat. § 115c-554, 562. (Although N.C.
Gen. Stat. § 115C-378 refers to "approved nonpublic schools," according
to the North Carolina Department of Education, in practice, nonpublic schools
are not approved by the Department.)
Qualified nonpublic schools are schools that are 1) accredited by the
State Board of Education; 2) accredited by the Southern Association of
Colleges and Schools; 3) active members of the North Carolina Association
of Independent schools; or, 4) schools that receive no funding from the
State of North Carolina. N.C. Gen. Stat. § 115C-555.
Private church schools or schools of religious charter must send a notice
of intent to operate, the name and address of the school, and the name
of the school's owner and chief administrator to the duly authorized representative
of the State designated by the Governor. N.C. Gen. Stat. § 115C-552(a),
553.
Recordkeeping/Reports: Private church schools or schools of religious
charter must make and maintain annual attendance and disease immunization
records for each student. N.C. Gen. Stat. § 115C-548. Private church
schools or schools of religious charter must send a notice of intent to
operate, the name and address of the school, and the name of the school's
owner and chief administrator to the duly authorized representative of
the State designated by the Governor. N.C. Gen. Stat. § 115C-552(a),
553. When the school terminates operation, the school must also notify
the State's designated representative. N.C. Gen. Stat. § 115C-552(b).
Private schools operated by any church or other organized religious group
that complies with the requirements under § 115C-547 et seq.
are not subject to any other provision except requirements respecting fire,
safety, sanitation and immunization.
Qualified nonpublic schools must make and maintain annual attendance and
disease immunization records for each pupil enrolled and regularly attending
classes. N.C. Gen. Stat. § 115C-556. Qualified nonpublic schools must
send a notice of intent to operate, the name and address of the school,
and the name of the school's owner and chief administrator to the duly
authorized representative of the State designated by the Governor. N.C.
Gen. Stat. § 115C-560(a). When the school terminates operation, the
school must also notify the State's designated representative. N.C. Gen.
Stat. § 115C-560(b). Qualified nonpublic schools that comply with
the requirements under § 115C-555 et seq., are not subject
to any other provision except requirements respecting fire, safety, sanitation
and immunization.
Length of School Year/Day: Attendance at a private church school
or school of religious charter satisfies the compulsory school attendance
requirements provided the school operates on a regular schedule, excluding
reasonable holidays and vacations, during at least 9 calendar months of
the year. N.C. Gen. Stat. § 115C-548.
Attendance at a qualified nonpublic school satisfies the compulsory school
attendance requirements provided the school operates on a regular schedule,
excluding reasonable holidays and vacations, during at least 9 calendar
months of the year. N.C. Gen. Stat. § 115C-556.
To satisfy the compulsory attendance statute, attendance at a approved
nonpublic school must be for a period equal to the time the local public
school is in session. N.C. Gen. Stat. § 115C-378.
Curriculum: Private church schools or schools of religious charter
must administer a nationally standardized test to students in grades three,
six and nine at least once each school year. The test must measure achievement
in English grammar, reading, spelling and mathematics. The results of the
test must be made available for one year after the testing for inspection
by an authorized representative of the State of North Carolina. N.C. Gen.
Stat. § 115C-549. Private church schools or schools of religious charter
must administer a nationally standardized test to students in grade eleven
to measure competencies in the verbal and quantitative areas. The school
must establish a minimum score for graduation. Test results must be made
available for one year after the testing for inspection by an authorized
representative of the State of North Carolina. N.C. Gen. Stat. § 115C-550.
Private church schools or schools of religious charter may participate
voluntarily in high school competency testing and statewide testing programs.
N.C. Gen. Stat. § 115C-551.
Qualified nonpublic schools must administer a nationally standardized
test to students in grades three, six and nine at least once each school
year. The test must measure achievement in English grammar, reading, spelling
and mathematics.The results of the test must be made available for one
year after the testing for inspection by an authorized representative of
the State of North Carolina. N.C. Gen. Stat. § 115C-557. Qualified
nonpublic schools must administer a nationally standardized test to students
in grade eleven to measure competencies in the verbal and quantitative
areas. The school must establish a minimum score for graduation. Test results
must be made available for one year after the testing for inspection by
an authorized representative of the State of North Carolina. N.C. Gen.
Stat. § 115C-558. Qualified nonpublic schools may participate voluntarily
in high school competency testing and statewide testing programs. N.C.
Gen. Stat. § 115C-559.
The State Board of Education may use tests to assure that graduates of
nonpublic schools supervised by the State Board of Education possess the
skills and knowledge necessary to function independently and successfully
in assuming the responsibilities of citizenship. N.C. Gen. Stat. § 115C-174.11(b).
Private school students may enroll in driver education programs offered
by the State Superintendent of Public Instruction at local public high
schools. N.C. Gen. Stat. § 20-88.1.
Special Education: North Carolina publicly places
students requiring special education in private schools without cost to
the parents. The private schools must meet standards that apply to State
and local educational agencies and secure the rights the students would
have if served by the State or local educational agency. N.C. Gen. Stat. § 115C-115.
Students with special needs may be transported by public school buses to
and from the nearest appropriate private school having a special education
program approved by the state if the child is publicly placed by the State
or local school administrative unit. N.C. Gen. Stat. § 115c-242(1).
Health: Private church schools or schools of religious charter
and qualifying nonpublic schools are subject to the state requirements
respecting sanitation and immunization. N.C. Gen. Stat. § 115C-554,
562.
No child may attend a K-12 private or religious school unless a certificate
of immunization is presented to the school or the child has received a
medical or religious exemption. If a certification of immunization is not
presented on the first day of classes, the principal must present a notice
of deficiency to the parent/guardian. The parent has 30 days to obtain
the required immunizations and additional days if needed upon certification
of a physician. Upon termination of the 30 days or the extended period,
the principal shall not permit the child to attend the school unless the
child has been immunized or has obtained the necessary exemption. N.C.
Gen. Stat. § 130A-155, 157.
Children entering kindergarten in private church schools, schools of religious
charter, or qualified nonpublic schools are exempt from the state's statutory
requirement for health assessments. (By inference, kindergarten students
enrolled in approved nonpublic schools must receive a health assessment
prior to admission. The assessment must include a medical history and physical
examination with screening for vision and hearing, and if appropriate,
testing for anemia and tuberculosis.) N.C. Gen. Stat. § 130-440.
Safety: Private church schools or schools of religious charter
and qualifying nonpublic schools are subject to reasonable fire, health
and safety inspections by State, county and municipal authorities as required
by law. N.C. Gen. Stat. § 115C-548, 554, 556, 562.
Private schools must conduct at least one fire drill every month during
the regular school session in each building where children are assembled.
The Commissioner of Insurance, the Superintendent of Public Instruction,
and the State Board of Education are under a duty to provide instructions
for properly conducting fire drills. October 9th of every year is set aside
as "Fire Prevention Day." N.C. Gen. Stat. § 58-79-35.
Private schools must provide eye protective devices free of charge to
students and teachers participating in shop or laboratory classes involving
hazardous materials as defined by statute. Students and teachers are required
to wear the devices at all times when participating in such a program.
N.C. Gen. Stat. § 115C-166.
The Board of Transportation or local authorities may set lower speed limits
for areas adjacent to private or parochial schools to be enforced on days
when schools are in session. N.C. Gen. Stat.§ 20-141.1
The North Carolina Department of Justice may provide a criminal record
check to nonpublic school employers for school employees and/or applicants
if the individual consents to a record check. The Department will charge
a reasonable fee not to exceed the actual cost of locating, editing, researching,
and retrieving the information. N.C. Gen. Stat. § 114-19.2(b), (c).
Any person who wantonly and willfully sets fire to a private school or
attempts to set fire to a private school commits a felony. N.C. Gen. Stat. § 14-60,
67.
It is illegal to carry any gun, rifle, pistol, dynamite cartridge, bomb,
grenade, mine, powerful explosive, bowie knife, dirk, dagger, slingshot,
leaded cane, switch-blade knife, blackjack, metallic knuckles or any other
weapon of like kind on private school property unless for instructional
or sanctioned ceremonial purposes. N.C. Gen. Stat. § 14-269.2.
North Carolina's criminal law makes it a misdemeanor to engage in disorderly
conduct by disrupting the teaching of students at any private educational
institution. N.C. Gen. Stat. § 14-288.4.
Transportation: See Special Education.
Home Schooling: 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. N.C. Gen. Stat. § 115C-563.
Home schools elect to be either a Private Church School or School of Religious
Character. or a . Qualified Nonpublic School. . The person providing instruction
in the home school must hold at least a high school diploma or its equivalent.
N.C. Gen. Stat. § 115C-564.
Any new home school must send a notice of intent to operate to the North
Carolina Division of Non-Public Education. Notice must be provided when
the home school is terminated. N.C. Gen. Stat. § 115C-552; 560
Any new 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. N.C. Gen. Stat. § 115C-551; 559.
Home schools must maintain records to ensure that students are immunized.
N.C. Gen. Stat. § 115C-548; 556. Students attending home school must
be tested academically once each year through a nationally standardized
test or other nationally standardized equivalent measurement. The test
must measure achievement in English grammar, reading, spelling, and mathematics
for students and verbal and quantitative areas for grade 11 students. N.C.
Gen. Stat. § 115C-549; 550; 558; 559.
Public Aid for Private Schools/Private School Students: The North
Carolina Constitution provides that the state school fund and the county
school funds must be faithfully appropriated and used exclusively for free
public schools. N.C. Const. Art. IX, Sec. 6, 7.
The North Carolina Constitution provides that the General Assembly may
exempt property held for educational purposes from state and local taxation.
N.C. Const. Art. V, Sec. 2.
Food sold not for profit by private school cafeterias within school buildings
during the regular school day are exempt from state retail sales tax. N.C.
Gen. Stat. § 105-164.13(26).
State law authorizes the State Board of Education or any other state agency
to provide instructional materials purchased with federal funds for the
use of children and teachers in private elementary and secondary schools
as required by acts of Congress. N.C. Gen. Stat. § 115C-409(b).
Miscellaneous: Information acquired by a certified private school
counselor through student counseling is privileged unless the student waives
the privilege or a judge compels disclosure. N.C. Gen. Stat. § 8-53.4.
The Secretary of State distributes one copy of the North Carolina Manual
biennially to private schools containing grades 8-12. N.C. Gen. Stat. § 147-54.
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