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The Home School Court Report
VOLUME XIV, NUMBER 6
- disclaimer -
NOVEMBER / DECEMBER 1998
Cover
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Cover Story
Home Schoolers Win Ban on National Test

Special Features
So You Want to Attend Patrick Henry College

National Center Reports
National ID Regulations on Hold for Year

Defense Authorization Bill of 1998

The Higher Education Amendments of 1998

Gifted Home Schoolers Excel

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South Carolina
DHEC Seeks Immunization Information on Home Schoolers
     The South Carolina Department of Health and Environmental Control (DHEC) has sent a memorandum to the South Carolina Association of Independent Home Schools (SCAIHS) and other home school associations, advising them that they are required by state law to report to their local health departments the immunization status of all students enrolled. Home School Legal Defense Association is of the opinion that neither SCAIHS nor the other home school associations are required to submit any report of immunization information to DHEC under current state law.
     DHEC Regulation 61-8, upon which the immunization reporting is based, applies to the admission of a child “to any public, private, or parochial school . . . or any child development program under the control of the Department of Education. . . . ” SCAIHS, a membership association of home schools under Section 59-65-45 of the Code of Laws of South Carolina, and the other home school associations existing under Section 59-65-47 are neither schools nor child development programs. They do not admit students, so they need not comply with the regulation requiring schools to receive a Certificate of Immunization from students prior to admittance. Students do not enroll in or attend SCAIHS or a home school association but are enrolled in and attend their family’s home school.
     It is also noteworthy that local school districts in South Carolina do not include home schooling families in their immunization reports to DHEC. Under Section 59-65-40 of the Code, these families obtain the approval of the local district for their home schooling program. But these students are not enrolled in or admitted to the public school and therefore do not present a Certificate of Immunization to the school.
     There are also practical considerations for not including home schools in the immunization reporting requirements. Communicable diseases are typically transmitted in a classroom or playground setting when students from different families come into contact with each other. Since only family members are present in the home school, the same potential for transmission of these diseases does not exist.
     State law requires SCAIHS and other home school associations to report the number and grade level of children home schooled through their associations to the children’s respective school districts by January 30 of each year. Beyond this, there are no requirements for any home school association to disclose additional information about its member families.

South Carolina

Admitted to statehood:
May 23, 1788

Origin of name:
Charles I gave a large patent to Sir Robert Heath, 1619, to be called Province of Carolana, from Carolus, Latin for Charles. A new patent was granted by Charles II to Earl of Clarendon and others. The territory was divided into North and South Carolina in 1710.

Motto:
Animis Opibusque Paratis—Prepared in mind and resources; Dum Spiro Spero—While I breath, I hope.

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