Homeschooling in South Carolina: A Comprehensive Legal Guide

South Carolina offers a unique and flexible legal framework for home education, often referred to as the “Three Option” system. This structure allows parents to choose the level of oversight and support they prefer, ranging from direct district supervision to membership in private associations. Understanding these pathways is the first step toward a successful homeschool journey in the Palmetto State.

Compulsory Attendance and Eligibility

In South Carolina, children between the ages of 5 and 17 must attend school. If your child is 5 years old on or before September 1st, they must be enrolled unless you sign a kindergarten waiver with your local school district. Education must continue until the child turns 17 or completes the requirements for a high school diploma.

To be eligible to teach your children at home, the instructing parent or legal guardian must possess at least a high school diploma or a General Educational Development (GED) certificate.

The Three Legal Pathways

Option 1: Homeschooling through the Local School District

Under S.C. Code Ann. § 59-65-40, parents may homeschool through their local school district. This is the most regulated pathway.

• Approval: The local school board must approve your homeschool program.
• Instructional Time: You must teach for 180 days, at least 4.5 hours per day (excluding lunch and recesses).
• Testing: Students must participate in the annual statewide testing program and the Basic Skills Assessment Program.
• Reporting: You must submit evidence of student progress to the district periodically.

Option 2: South Carolina Association of Independent Home Schools (SCAIHS)

Under S.C. Code Ann. § 59-65-45, parents may homeschool by joining SCAIHS.

• Process: You must apply for membership and follow the association’s specific requirements.
• Oversight: SCAIHS provides the oversight that would otherwise come from the school district. They report your participation to the district annually.
• Benefits: SCAIHS often provides more support, transcripts, and diplomas, but at a higher membership cost than many Option 3 associations.

Option 3: Third-Party Homeschool Associations

Under S.C. Code Ann. § 59-65-47, families can join a homeschool association that has at least 50 members. This is the most popular choice for South Carolina families due to its balance of privacy and autonomy.

• Process: Join an association that meets the legal requirements. The association is responsible for maintaining a list of members but does not generally require the submission of detailed curriculum plans for approval.
• Autonomy: Parents are responsible for maintaining their own records, though the association may request to see them.

Record-Keeping and Subject Requirements

Regardless of the option you choose, South Carolina law requires that the following subjects be taught:

1. Reading
2. Writing
3. Mathematics
4. Science
5. Social Studies

In grades 7 through 12, students must also be taught composition and literature.

Parents must maintain a “record of relevant documents,” which includes:

• A daily log or diary that documents instructional activities.
• A portfolio of samples of the student’s academic work.
• A semi-annual progress report including attendance records and a summary of the student’s academic progress in each required subject.

Testing and Assessment

• Option 1: Mandatory annual state testing.
• Options 2 & 3: The state does not mandate specific standardized testing. However, individual associations may have their own testing or evaluation requirements as a condition of membership.

Education Scholarship Trust Fund (ESTF)

South Carolina recently introduced the ESTF, an Education Savings Account (ESA). Eligible families can receive roughly $6,000 to pay for tutoring, textbooks, curriculum, and testing fees.

Important Note: If you participate in the ESTF, your legal obligations change slightly. You will be required to have your student take a nationally norm-referenced test or the state summative assessment annually. As of late 2024, the program’s ability to pay for private school tuition was struck down by the state Supreme Court, but the program remains active for other homeschooling-related expenses.

Compliance Checklist

1. Choose a Pathway: Decide between Option 1 (District), Option 2 (SCAIHS), or Option 3 (Independent Association).
2. Join an Association: If choosing Option 2 or 3, apply and pay membership fees before the school year begins.
3. Verify Qualifications: Ensure the primary teacher has a high school diploma or GED.
4. Plan Your Year: Ensure your schedule covers 180 days and includes all required subjects.
5. Maintain Records: Start your daily log and portfolio on day one. Keep these for at least three years as a best practice.
6. Annual Reporting: Ensure your association (or you, if under Option 1) notifies the local school district of your intent to homeschool or your continued enrollment.

Official Resources

• South Carolina Department of Education - Homeschooling
• South Carolina Association of Independent Home Schools (SCAIHS)
• S.C. Code of Laws Section 59-65-40 (Option 1)