If a NC home school doesn't actually enroll any children of compulsory school age, does the state Division of Non-Public Education still have to recognize and register it?

Plain-English summary

Representative J. Russell Capps asked whether the North Carolina Division of Non-Public Education had to accept a notice of intent to operate a home school that enrolled no children of compulsory school attendance age. The AG answered that the Division "is not required to accept" such a notice. Source

The opinion says that recognizing schools under Article 39 of Chapter 115C serves to let children attending qualifying nonpublic schools comply with the compulsory attendance law. It quotes N.C.G.S. § 115C-378 as requiring school attendance for children "between the ages of seven and 16 years" and cites §§ 115C-548, 115C-556, and 115C-564 for the alternative-school routes to satisfying that requirement. Source

The conclusion is about a home school with no children of compulsory attendance age. The opinion does not address what rules apply to a home school enrolling children both inside and outside that range. Source

Currency note

This letter was issued in 1997. Check the current compulsory-attendance statute and home-school requirements before relying on its age range or registration conclusion today.

Background and statutory framework

The AG describes three kinds of schools covered by Article 39: private church schools and schools of religious charter, qualified nonpublic schools, and home schools. Attendance at a school meeting the applicable Part's requirements "shall satisfy the requirements of compulsory school attendance." The opinion cites Delconte v. North Carolina, 313 N.C. 384 (1985), in explaining the legislature's purpose. Source

Common questions

Must the Division accept a notice for a home school with no children of compulsory attendance age?

No. The AG says there is "no reason why" the Division must accept that notice, because Article 39 recognition serves compulsory-attendance compliance. Source

Did the opinion decide the rules for a mixed-age home school?

No. The question and answer concern a school with no children of compulsory attendance age. The letter does not analyze a school that also enrolls children in that age range. Source

What ages did the 1997 opinion describe as compulsory school age?

It quotes the then-discussed statute as covering children "between the ages of seven and 16 years." Check the current statute for a current obligation. Source

Citations from the opinion

• N.C. Gen. Stat. § 115C-378
• N.C. Gen. Stat. § 115C-548
• N.C. Gen. Stat. § 115C-556
• N.C. Gen. Stat. § 115C-564
• Article 39 of Chapter 115C (Parts 1, 2, and 3)
• Delconte v. North Carolina, 313 N.C. 384 (1985)

Source

• Landing page: https://ncdoj.gov/opinions/recognition-of-a-home-school-that-does-not-enroll-children-of-compulsory-school-age/

Original opinion text

August 25, 1997

The Honorable J. Russell Capps N.C. House of Representatives 419-B, Legislative Office Building Raleigh, North Carolina 27601-1096

RE: Advisory Opinion; Article 39 of Chapter 115C of the General Statutes; Recognition of a Home School that does not Enroll Children of Compulsory School Age

Dear Representative Capps:

You request our opinion whether the North Carolina Division of Non-Public Education must accept a notice of intent to operate a home school where the home school does not enroll any children of compulsory school attendance age. For reasons which follow, the North Carolina Division of Non-Public Education is not required to accept a notice of intent to operate a home school where the home school does not enroll any children of compulsory school attendance age. The reason why the notice of intent to operate such a school need not be accepted by the Division of Non-Public Education is simple. There is no reason to accept such a notice since the sole purpose of recognizing private and proprietary schools established pursuant to Article 39 of Chapter 115C of the General Statutes, which include private church schools and schools of religious charter, qualified nonpublic schools, and home schools, is to ensure that children attending those schools are in compliance with the compulsory attendance law which requires that children between the ages of seven and 16 years attend "a school."

North Carolina's basic compulsory school attendance law, N.C.G.S. § 115C-378, provides in pertinent part: Every parent, guardian or other person in this State having charge or control of a child between the ages of seven and 16 years shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. . . . . The term 'school' as used herein is defined to embrace all public schools and such nonpublic schools as have teachers and curricula that are approved by the State Board of Education.

All nonpublic schools receiving and instructing children of a compulsory school age shall be required to keep such records of attendance and render such reports of the attendance of such children and maintain such minimum curriculum standards as are required of public schools; and attendance upon such schools, if the school refuses or neglects to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the public school of the district to which the child shall be assigned: Provided, that instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term. (Emphasis added).

Notwithstanding this statute, the North Carolina General Assembly has chosen to provide that attendance at any "private church schools and schools of religious charter" which meets the requirements of Part 1, Article 39, Chapter 115C, or at any "qualified nonpublic school" which meets the requirement of Part 2, Article 39, Chapter 115C, or at any "home school" which meets the requirements of Part 3, Article 39, Chapter 115C, "shall satisfy the requirements of compulsory school attendance." N.C.G.S. § 115C-548, § 115C-556, and § 115C-564.

The purpose of the General Assembly in enacting Parts 1, 2 and 3 of Article 39 of Chapter 115C was to allow children between the ages of seven and 16 years who attended these nonpublic schools to be in compliance with North Carolina's compulsory school attendance law. See, Delconte v. North Carolina, 313 N.C. 384 (1985).

If a home school enrolls no children of compulsory school attendance age, there is absolutely no reason for that home school to file any notice of intent to operate with the North Carolina Division of Non-Public Education. Conversely, there is no reason why the North Carolina Division of Non-Public Education must accept any notice of intent to operate a home school that does not enroll children of compulsory school attendance age.

Should you have any further questions, please advise.

Andrew A. Vanore, Jr., Chief Deputy Attorney General