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North Carolina

State Seeks Information Beyond Law

A member family residing in Davie County was surprised when the North Carolina Division of Non-Public Education returned their Notice of Intent to Operate a School form because they had not attached a copy of the high school diploma or its equivalent for the school’s chief administrator and all instructors. State law does not require that any such documentation be included with the notice of intent. Further, state law does not even require that the names of persons providing academic instruction be included in the information provided to the division of non-public education.

According to § 115C-552 and § 115C-560 of the General Statutes of North Carolina, the new school notice requirements include the following:

  1. Notice of intent to operate;
  2. Name and address of the school; and
  3. Name of the school’s owner and chief administrator.

State officials are without any authority to require home schooling families to include any more information than is prescribed by these statutes.

Home School Legal Defense Association corresponded with the director of the division of non-public education on behalf of our member family, advising him of the limitations of his authority under state law. While persons providing academic instruction in a home school must have at least a high school diploma or its equivalent, there is no requirement that documentary evidence of the instructor’s qualifications be included in information reported to state officials.