HomeMy WebLinkAbout#12 - Zoning Code Text Amendment - Farm Schools1
STAFF REPORT
DATE: July 7, 2020
TO: City Council
FROM: Ben Prchal – City Planner
AGENDA ITEM: Zoning Text Amendment(s) – Rural School
REVIEWED BY: Ken Roberts, Planning Director & Planning Commission
BACKGROUND
The City of Lake Elmo received a request from Amy Marotz, owner operator of Awakening Spirit Farm School, which
is currently located in Woodbury, to amend the City Code to include Rural Schools as a possible land use in the Rural
Zoning Districts. The applicant currently is not a resident of the City but is hopeful the City will approve the proposed
zoning text amendment so the existing School can have the opportunity to relocate into Lake Elmo. The City Council
had an opportunity to review the proposal on June 2nd, 2020 and had requested additional information for an additional
review.
ISSUE BEFORE CITY COUNCIL
Does the City Council believe schools would be an appropriate land use in the Rural Districts?
REVIEW AND ANALYSIS
Staff believes the request is unique but does share some similarities between other uses in the City, such as day care
centers and of course schools. Functionally this use would appear to operate on a very similar level as a day care, the
seemingly obvious differences would be the structure of the day and the number children. Staff would like to first start
by generally addressing the City Code and how similar uses are addressed and then then provide some discussion on
other communities would address the same request.
EXISTING ZONING CODE
Day Care Discuss ion:
The City has multiple definitions pertaining to the types of daycares that are allowed within the City.
§ 154.012 ZONING USE TYPES AND CLASSIFICATIONS.
Day Care Center. Any facility operated for the purpose of providing care, protection, and guidance to 14 or more
individuals during only part of a 24 hour day. This term includes nursery schools, preschools, day care centers for
individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to
individuals for a full 24 hour period.
Family Day Care. A residence licensed by the Minnesota Department of Human Services in which no more than 10
children at any one time receive care, maintenance and supervision by someone other than their relatives or legal
guardians for less than 24 hours per day.
Group family day care. A residence licensed by the Minnesota Department of Human Services in which at least 11 but
not more than 14 children receive care, maintenance and supervision by someone
Zoning Districts: (If the use is not listed in the table below it is not allowed)
Rural Districts Family Day Cares - Permitted use in all rural districts.
Urban Districts Day Care Centers - Permitted in the MDR and HDR district.
Family Day Cares - Permitted in every district.
Group Family Day Cares – Conditionally allowed in LDR, MDR, and HDR.
Village Districts Day Care Centers - Permitted in the VMX district.
Family Day Care - Permitted in V-LDR and VMX district.
Group Family Day Care is - Conditionally allowed in the VMX district.
Mixed Use Districts Day Care Centers - Conditionally allowed in all districts.
Family Day Care - Permitted in all districts.
Group Family Day Care – Permitted in all districts.
Commercial Districts Day Care Centers are allowed as a conditional use in all districts.
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School/Educational Service Discussion
154.012 B. 2.) Schools, Public and Private. Establishments at the primary, elementary, middle, junior high, or high
school level that provide state mandated basic education. Accessory uses include play areas, cafeterias, recreational
and sport facilities, auditoriums, and before or after school day care. Examples include public and private daytime
schools, boarding schools, and military academies. Exemptions: 1) preschools are classified as day care facilities, and
2) business and trade schools are classified as educational services.
154.012 B. 3.) Educational Services. Establishments engaged in furnishing specialized academic or technical courses,
normally on a fee basis, such as vocational or correspondence schools, Barber College, data processing schools, or
secretarial schools, along with non-degree granting schools such as post-secondary colleges and universities, martial
arts, music, art, ceramic, and dramatic, schools, and dance instruction.
Zoning District: (If the use is not listed in the table below it is not allowed)
Urban Districts Schools – Conditionally allowed in the LDR, MDR, and HDR districts. Following
standards in Section 154.303. Educational service is not allowed.
Village Districts Schools – Conditionally allowed in the VMX district.
Educational Services - Permitted in the VMX district.
Mixed Use Districts Educational Services - Permitted use in all districts.
Commercial Districts Schools – Conditionally allowed in the C and BP district.
Educational Services - Permitted in all districts.
Public and Semi Public Schools – Conditionally allowed and educational services are not allowed.
Suggested Performance Standards:
Although schools and day cares are now allowed in many Lake Elmo zoning districts, the proposed code change would
only be applicable to the rural zoning districts. After speaking with the City Planners for Orono and Cottage Gove,
Lake Elmo would be the first to develop a set of standards to specifically address small scale rural schools.
The Planner from Woodbury provided the following regarding the school - “This address is a single-family home in
our R-4 District. A daycare would be reviewed under Woodbury City Code Sec. 24-134. Daycares are a permitted
accessory use for under 12 children. 13+ children would require a CUP. In addition, we do not have documentation of
this address receiving a CUP to operate as a school.” To avoid violating the code the school would need to have 12
children or less.
Within Minnesota it has been difficult to find code language that would be helpful to use as a reference. However,
there are numerous articles discussing the value of micro schools, especially on a national level. Staff found they take
different forms in terms of structure and curriculum there does seem to be a degree of demand.
After consulting Legal on the code change, the City should consider the following:
- This would be an accessory conditional use, so there would need to be a principal use on the property (i.e. a
house or a farm) in addition to the school. Staff suggests the City consider the school as an accessory use so
that if the school use were to stop, the property would/could revert back to a residential property.
- The City should be aware that if it allows this type of use, it is opening this type of use up to other (types of)
schools as well, not just this one.
- The City should require that the property visually present the appearance of a residential property.
- It is critical that the City review the suggested mandatory conditions in order to place some limitations on size
(number of students and building size), access, hours of operation, etc. or this type of use could get out of
hand.
Regarding conditions, the City absolutely should implement code language that would require specific standards to be
met. The City should consider adding the following performance standards into Section 154.303.
Schools, Public and Private (For the rural zoning districts).
1. The minimum lot area required for a rural school shall be ten (10) acres.
• Woodbury requires a 2 acre site.
• At the last City Council meeting this was a point of discussion with the question revolving around the
minimum land requirement of 5 acres or 10. At the June 2nd Council meeting Staff was left with the
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impression that 10 acres was the appropriate figure to use (instead of 5 acres), so 10 acres is now in the
ordinance.
• Understanding that the Lake Elmo Elementary school is not necessarily surrounded by residential
homes they have between 580-600 (varies by source) students on a campus of 12.81 acres.
2. An affiliate of the school must live on site as a permanent resident.
• The intent of this requirement is to ensure the primary use on the property is first residential and then
the school would become an accessory use. If the school were to dissolve the site would maintain the ability
to continue use as a residential property.
3. The site must have primary access to a roadway that is not classified as a neighborhood street or a “B
Minor” in the Comprehensive Plan.
• The Planning Commission did recommend a standard road classification for this use. The code as
written would prohibit as a potential school site properties where the primary access is from a neighborhood
street and Lake Elmo Ave. along the lake.
4. All parking must be contained on site. Parking must adhere to the standards set forth in Section
154.210 of this Chapter.
5. Student drop off and pick up must occur on site
6. The buildings on the site that are intended for use by the school must meet all applicable building and
fire code requirements for the proposed use.
7. The buildings on site that are intended for use by the school will be subject to an inspection and review
by the City Building Official and the Fire Chief to ensure they meet all applicable building and fire code
requirements. The applicant must have a pre-application meeting on site with the Building Official
before final submission of the conditional use permit application and any other land use applications
needed.
8. The school must comply with the applicable requirements of the U.S. Department of Education and the
Minnesota Department of Education.
9. The septic system on the site must be inspected and approved by Washington County. It must be
verified with the County that the site can functionally support the allotted number of students and staff
at the school. The septic system approval/review documentation from Washington County must be
provided by the applicant to the City with the conditional use permit application materials.
a. The septic approval/review from Washington County shall be provided to the City with the
application materials. The septic system shall be inspected and approved by Washington County
verifying the site can functionally support the allotted number of students and Staff.
10. Any structural additions and modifications if desired, must be structurally similar by design and be
similar in color to the existing structure. Any new structures must be structurally similar in design and
be similar in color to the existing structures on the site. All structures must have a residential
appearance.
11. There shall be no overnight school activities on the site.
12. There shall be no more than 25 students on the site at one time.
• If the City Council does not believe it is appropriate to increase the minimum lot size needed to
operate a school, perhaps it is more appropriate to reduce the number of students allowed on site at a
time. The presumed impact would come from the number of children and not the size of the lot. For
example more children means more vehicles for pick-up and drop-off and it might go without saying
but if there are fewer children on site less noise would be created.
13. All school assemblies and activities (such as plays, concerts, parent-teacher conferences, etc.) that are
held on the site must be conducted Monday through Friday. All school assemblies and activities
desired outside of this time frame must be conducted off site.
FISCAL IMPACT:
Staff does not foresee a fiscal impact with this possible code change. The City charges an application fee for every
zoning text amendment and conditional use permit application.
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COMMENTS
Planning Commission: The Planning Commission reviewed the zoning code request and passed the proposed
amendments by 5 – 2 vote. With this more or less being a new use and not having solid code from other Cities to
compare, the recommended language to there was some hesitance from the Commission. Staff cannot speak for all of
the Commissioners but Staff will say that those who voted against the amendment felt there was a strong possibility for
unforeseen negative impacts. Furthermore, there was a conversation revolving around the idea that the residents in Lake
Elmo moved or are moving to the rural areas to have more privacy and this use would threaten the peace of the rural
lots.
After talking with the applicant it has been stated there are a few properties
within Lake Elmo that are close to 10 acres but fall just below the exact
acreage. With that said, Staff thought it was worthwhile to bring it to the
attention of the Council. Staff would generally say a “round” number is
preferable. However, there are many lots that are under the 10 acre minimum
by single digit percentage points. Unfortunately Staff is under the impression
that the number of properties that are shy of 10 acres is more common than
what is perceived and beings to further limit the number of properties. At some point a line needs to be drawn, because
if the minimum standard is reduced to 9 acres there will be an applicant of an 8.99 acre property asking for leniency.
But it does appear there are a properties which are close to 10 acres and fall marginally short.
An additional change Staff would like to suggest is the adjustment of the use being allowed as an IUP instead of as a
CUP in the RT district. This is suggested because the RT zone is intended as a holding zone to be re-zoned into a
commercial or higher density property. This also means the use, if approved, would have a defined end date.
Other Council Discussion Points:
1. During the Council meeting there was a discussion around requiring a certain farm element that would aide to
the character of the rural districts. There is currently a farm school definition within the City Code:
FARM SCHOOL. A facility that supports a school program that emphasizes fostering a child's intellectual, social,
physical, and emotional growth, using farm animals, agriculture, and nature as the learning environment and
conducted as part of an operational farm.
Principally speaking it would be ideal for schools to represent this character in the rural districts. However, Staff
views this as an unrealistic expectation assuming there are few schools in the rural districts. Would the Council
expect City Staff to enforce the schools have a “farm animal”, how many animals would the school need, does
Staff need to review the curriculum? Would the schools become a nuisance if there are no animals on site or
would it be a nuisance because it doesn’t exactly fit the intent of the rural district? Staff does not believe the
requirement of a farm animal component is a component that provides a worthwhile benefit.
2. Spacing between schools was also discussed. At the Council meeting a distance was proposed but there was no
consensus on what minimum distance the City should require between schools in the rural districts. Although
spacing was discussed by the City Council, due to lack of clarity on what appropriate spacing should be between
rural schools a minimum distance was not included in the ordinance.
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RECOMMENDATION
“Move to approve Ordinance 08-238 amending the City Zoning code to allow the incorporation of schools as an
allowed use in the rural zoning districts”
“Move to approve Resolution 2020-058, which is a summary publication of Ordinance 08-230.”
ATTACHMENTS
Narrative and suggested City Code
U.S. Department of Education Regulations
Resident Comments
Ordinance 08-238
Resolution 2020-058
Lake Elmo “School, public and private” amendment request
1 | Page
e. Chapter and section number of proposed amendment along with existing text of section.
Lake Elmo “School, public and private” amendment request
2 | Page
f. Proposed language for ordinance amendment. Identification of the proposed
substitute wording for the zoning text.
Add the line "Schools, Public and Private" under Accessory Uses in 154.401, Table 9-1.
Add a descriptor K under 154.404 SITE DESIGN AND DEVELOPMENT
STANDARDS
K. Schools, Public and Private. The facility shall occupy a site at least five
(5) acres in size.
Lake Elmo “School, public and private” amendment request
3 | Page
g. A narrative describing your reason for requesting zoning text amendment. Your
description should include how you would be impacted by the zoning text
amendment.
I wish to bring my small private microschool to a Lake Elmo Rural Residential property. Lake Elmo’s
location and accessibility makes it the most desirable location for my school, as our student body draws
from Hudson and the entire St. Croix River Valley all the way to the Metro area. Lake Elmo has a unique
small town charm that will work hand in hand with our ‘one-room schoolhouse of the future’.
Awakening Spirit Farm School is registered with the state of MN as a nonpublic (private) school. We
take highly sensitive students who currently ‘hate school’ and help them reignite a love of learning.
Between 2-5% of all school age children suffer from anxiety-based school refusal. It presents between
the ages of 5-6 and 10-11. These children are not troublemakers. They, in fact, tend to have average or
above-average intelligence, but they may develop serious educational or social problems if fears and
anxieties keep them away from school. When they do attend, they suffer from stomachaches,
headaches, crying jags and even behavior problems. No true learning is possible when they are stuck in
a fight-flight-freeze brain pattern.
As we are a very small school, we operate as an old fashioned one-room schoolhouse, with two mixed
age classrooms (a mixed age kindergarten and an upper elementary/middle school). We have three full
time teachers with a maximum student body of 24. As a home-like environment is crucial to our vision
of creating a warm and nurturing space. Our beautiful, natural classroom will eliminate stressors like
chaotic halls, bells, overcrowding and active shooter drills. We will use essential oils, art, therapy
animals, movement, purposeful farm and garden work, prayer and meditation to provide ongoing
stress-relief.
Please see the attached brochure for more information about the school.
Lake Elmo “School, public and private” amendment request
4 | Page
How the text amendment meets the Comprehensive Plan.
“Living Healthy in Washington County” is striving to make a positive difference across the county,
including supporting policy changes within schools and communities around healthy youth
development. Our school fits in this plan as we provide a wellness-based education alternative for the
community’s youth.
City of Lake Elmo Comprehensive Plan 2040
Awakening Spirit Farm School will be employing three full time teachers year-round. We will also bring
additional K-8 educational options for families who would benefit from the services and setting that our
school can provide. Our one-room schoolhouse of the future will add to the unique small-town charm
of the Lake Elmo community.
Currently, schools (public and private) are not addressed in the Residential District use tables, but they
are in the Urban Residential District use tables. By adopting this text amendment, the City of Lake Elmo
will update its municipal code to align ordinances within its own code and that of neighboring cities.
Seven cities include language in their city code to allow for conditional use permits of Rural/Ag zoned
parcels to support schools: Woodbury, Orono, Cottage Grove, Rogers, Bayport, Lakeland, Grant.
CG Goal #4. Provide a framework for developers and land owners that clearly communicates the
desires and expectations of the City for specifically guided areas of the community.
Strategy b. Strengthen existing ordinances, zoning districts and other regulatory tools to clearly, and
directly, support the Comprehensive Plan and land use designations.
CG Goal #1: Promote Lake Elmo as an exceptional place to live because of its proximity to the
metropolitan area and access to healthcare, culture, and jobs.
Strategy c. Identify opportunities to bring new businesses and services to the community that
support existing and future residents and neighborhoods.
Lake Elmo “School, public and private” amendment request
5 | Page
By adopting this text amendment to extend conditional use permits to schools on rural residential
parcels, the City of Lake Elmo will be able to clearly define land use on a dynamic and case by case basis.
How the text amendment will impact the zoning and the subdivision code.
Conditional usage for “Schools, public and private” is allowed in Urban Residential districts in existing
Lake Elmo code.
Article XII. Urban Residential Districts, section § 154.45 allows for conditional use approval for “Schools,
public and private” in “Low Density Residential Districts (LDR)”, “Urban Medium Density Residential
District (MDR)” and “Urban High Density (HDR) parcels” 154.301
No changes are proposed to the subdivision code.
LU Goal #1. Work with residents, developers, land owners and other stakeholders through the
development process and require development that is consistent with the Future Land Use Plan.
Strategy a. Create clearly defined land use designations that are responsive to a dynamic market
place and create a balanced land use pattern
U.S. Department of eDUcation
State Regulation of
Private Schools
State Regulation of Private Schools
U.S. Department of Education
Office of Innovation and Improvement
Office of Non-Public Education
2009
ii
The content of this report does not necessarily reflect the view or policies of the U.S.
Department of Education, nor does the mention of trade names, commercial products,
curricula, and curricular materials and approaches, or organizations imply endorsement
by the U.S. government. This publication also contains Internet Uniform Resource
Locators (URLs) for information created and maintained by private organizations. This
information is provided for the reader‘s convenience. The U.S. Department of Education
is not responsible for controlling or guaranteeing the accuracy, relevance, timeliness, or
completeness of outside information mentioned in this report. Further, the inclusion of
information or a URL does not reflect the importance of the organization, nor is it
intended to endorse any views expressed, or products or services offered.
U.S. Department of Education
Arne Duncan
Secretary
Office of Innovation and Improvement
James H. Shelton
Assistant Deputy Secretary for Innovation and Improvement
Office of Non-Public Education
Jack Klenk
Director
July 2009
This report is in the public domain. Authorization to reproduce it in whole or in part is
granted. While permission to reprint this publication is not necessary, the citation should
be: U.S. Department of Education, Office of Innovation and Improvement, State
Regulation of Private Schools, Washington, D.C., 2009.
This report is available on the Department‘s Web site at:
<www.ed.gov/admins/comm/choice/regprivschl/index.html>.
iii
Contents
Acknowledgements ............................................................................................................. v
Introduction ......................................................................................................................... 1
ALABAMA ........................................................................................................................ 3
ALASKA ............................................................................................................................ 8
ARIZONA......................................................................................................................... 13
ARKANSAS ..................................................................................................................... 18
CALIFORNIA .................................................................................................................. 23
COLORADO .................................................................................................................... 31
CONNECTICUT .............................................................................................................. 36
DELAWARE .................................................................................................................... 42
DISTRICT OF COLUMBIA ............................................................................................ 46
FLORIDA ......................................................................................................................... 51
GEORGIA......................................................................................................................... 57
HAWAII ........................................................................................................................... 63
IDAHO .............................................................................................................................. 70
ILLINOIS .......................................................................................................................... 75
INDIANA ......................................................................................................................... 82
IOWA ................................................................................................................................ 89
KANSAS........................................................................................................................... 96
KENTUCKY................................................................................................................... 103
LOUISIANA ................................................................................................................... 108
MAINE ........................................................................................................................... 116
MARYLAND ................................................................................................................. 124
MASSACHUSETTS....................................................................................................... 131
MICHIGAN .................................................................................................................... 136
MINNESOTA ................................................................................................................. 143
MISSISSIPPI .................................................................................................................. 150
MISSOURI ..................................................................................................................... 154
MONTANA .................................................................................................................... 158
NEBRASKA ................................................................................................................... 163
NEVADA ........................................................................................................................ 169
NEW HAMPSHIRE ....................................................................................................... 176
NEW JERSEY ................................................................................................................ 182
NEW MEXICO ............................................................................................................... 188
NEW YORK ................................................................................................................... 192
NORTH CAROLINA ..................................................................................................... 200
NORTH DAKOTA ......................................................................................................... 207
OHIO............................................................................................................................... 212
OKLAHOMA ................................................................................................................. 219
OREGON ........................................................................................................................ 225
PENNSYLVANIA .......................................................................................................... 229
PUERTO RICO .............................................................................................................. 238
RHODE ISLAND ........................................................................................................... 242
SOUTH CAROLINA...................................................................................................... 247
iv
SOUTH DAKOTA ......................................................................................................... 252
TENNESSEE .................................................................................................................. 260
TEXAS ............................................................................................................................ 267
UTAH ............................................................................................................................. 272
VERMONT ..................................................................................................................... 277
VIRGIN ISLANDS ......................................................................................................... 285
VIRGINIA ...................................................................................................................... 288
WASHINGTON ............................................................................................................. 294
WEST VIRGINIA .......................................................................................................... 301
WISCONSIN .................................................................................................................. 306
WYOMING .................................................................................................................... 313
APPENDIX A: TABLES ON STATE REQUIREMENTS FOR PRIVATE SCHOOLS
......................................................................................................................................... 317
APPENDIX B: TABLE ON STATE REQUIREMENTS FOR HOMESCHOOLS ..... 333
APPENDIX C: LEGAL HISTORY OF THE REGULATION OF PRIVATE SCHOOLS
(2000) .............................................................................................................................. 335
v
Acknowledgments
Special thanks are extended to the many individuals who assisted in the work of this
report. State liaisons from all 50 state departments of education, the District of Columbia,
Puerto Rico, and the Virgin Islands (see below), worked to ensure the information
provided here is as accurate and up-to-date as possible. Without their assistance, this
information could not have been provided to our readers.
Thanks to James Shelton, assistant deputy secretary for innovation and improvement, the
principal office within which the Office of Non-Public Education is located. We also
thank our colleagues in U.S. Department of Education who reviewed this document.
Special thanks to Erin McHugh of the Office of Non-Public Education for managing this
project, contacting the states, and editing this document.
Our readers are cautioned that in reviewing any particular legal questions, the underlying
state constitutions, laws and relevant court decisions should be consulted. Nothing in this
study reflects the position of the U.S. Department of Education as to the meaning or
effect of any state legal requirement.
Jack Klenk
Director, Office of Non-Public Education
U.S. Department of Education
Alabama Department of Education Eddie Johnson
Alaska Department of Education and Early Development Erik McCormick
Arkansas Department of Education Jeremy Lasiter
Arizona Department of Education Doug Nick
California Department of Education George Olive
Colorado Department of Education Pahmela Hines
Connecticut Department of Education Laura Anastasio
Delaware Department of Education Vicki Fjelsted Fields
District of Columbia, Office of State Superintendent Ingrid Naughton
Florida Department of Education Christopher Fenton
Georgia Department of Education Jeff Gagne
Hawaii Association of Independent Schools Cynthia Jordan
Idaho Department of Education Lori Howard
Illinois State Department of Education Patrick Murphy
Indiana Department of Education Gary Wallyn
Iowa Department of Education Julie Melcher
Kansas State Department of Education Deanna Lieber
Kentucky Department of Education Dawn Offut
Louisiana Department of Education Jackie Bobbett
Maine Department of Education Edwin Kastuck
vi
Maryland Department of Education Richard Scott
Massachusetts Department of Education Kathleen LeBlanc
Michigan Department of Education Wanda Bazzett
Minnesota Department of Education Cindy Jackson
Mississippi State Department of Education Betina White
Missouri Department of Elementary and Secondary Education Mark Van Zandt
Montana Office of Public Instruction Linden Miller
Nebraska Department of Education Beth Bolte
Nevada Department of Education Orval Nutting
New Hampshire Department of Education Leslie HigginsMarie
Morgan
New Jersey Department of Education Constance Webster
New Mexico Department of Education Michael Kaplan
New York State Department of Education Tom Hogan
North Carolina Division of Non-Public Education Rod Helder
North Dakota Department of Education Linda Paluck
Ohio Department of Education Nina Pace
Oklahoma State Department of Education Sharon Lease
Oregon Department of Education Karyn Chambers
Pennsylvania Department of Education Parker Martin
Puerto Rico Department of Education Ana Julian Cintrón
Rhode Island Department of Education Rebecca Wright
South Carolina Department of Education Shelly Kelly
South Dakota Department of Education Melody Schopp
Tennessee Department of Education Connie Mayo
Texas Education Agency Tammy Wooten
Utah State Office of Education Carol Lear
Vermont Department of Education Pat Pallas Gray
Virgin Islands Department of Education Randolph ThomasRita
Thomas
Virginia Council of Private Education
Virginia Department of Education
Josie Wesbter
Charles FinelyAnne
Wescott
Washington Department of Education Laura Moore
Wisconsin Department of Public Instruction Merry Larson
West Virginia Department of Education Karen Larry
Wyoming Department of Education Samantha Mills
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Introduction
State Regulation of Private Schools provides a brief description for each state of state
legal requirements that apply to K–12 private schools in the United States. This document
is intended to serve as a reference for public and nonpublic school officials, state policy-
makers, researchers, and others. This report is an update of the 2000 publication by the
Office of Non-Public Education (ONPE), State Regulation of Private Schools, which in
turn was an update of the 1993 publication by the (then) Office of Private Education, The
Regulation of Private Schools in America: A State by State Analysis.
To ensure the accuracy of each state summary, ONPE first updated the information
published in the 2000 report for that state, using information from the state‘s Web site.
Then, the update was submitted to appropriate state officials for their consideration,
revision, and approval. The individuals in each state who reviewed these summaries were
critical to ensure timely and accurate updates. ONPE appreciates their participation,
cooperation, and expertise. The end of each chapter includes the date when the state last
provided comment. As this report is an electronic publication, chapters will be revised
and updated as new information becomes available from the states.
The report includes information in several areas of state regulation of private schools.
The topics include: Accreditation/Registration/Licensing/Approval, Teacher
Certification, Length of School Year/Days, Curriculum, Recordkeeping/Reports, Health
and Safety Requirements, Transportation, Textbooks, Testing, Special Education,
Nursing and Health, Technology, Professional Development, Reimbursement for
Performing State/Local Functions, Tax Exemption, Public Aid for Private Education,
Homeschooling, and Information Resources. Charts are included at the end of the state-
by-state chapters that summarize key information from the report.
The contents illustrate the nation‘s ability to approach similar areas of education in a
variety of ways. Not one of the states regulates private schools in exactly the same way as
another. Rather, the statutes reflect the unique circumstances, concerns, and policy
perspectives in each state.
The goal of the ONPE in publishing this document is to provide concise summaries of
relevant state laws in an accessible format. It is our hope that this report will serve the
needs of state and federal legislators, public and private school administrators, and the
general public.
This document is for informational purposes only. It creates no new rights or
responsibilities. Nothing in this report reflects the position of the U.S. Department of
Education as to the meaning or effect of any state legal requirement. Readers are
encouraged to consult state constitutions and the full text of relevant case law, statutes,
and regulations. In addition, readers should be aware that this document is not
intended to offer information about the requirements of federal law.
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ALABAMA
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is mandatory.
All private schools, except church schools (for definition, see
Homeschooling), must register annually on or before October 10 with the
Alabama Department of Education and report on the number of students and
instructors, enrollment, attendance, course of study, length of term, cost of
tuition, funds, value of property, and the general condition of the school. Code
of Alabama 1975 §16-1-11.
The state superintendent of education furnishes the necessary forms for
reporting. Code of Alabama 1975 §16-4-16.
No requirements for Licensing.
No requirements for Approval.
By definition, a private school, but not a church school, holds a certificate issued by
the state superintendent of education showing that the school conforms to the
following requirements: (1) instruction is given by persons holding certificates issued
by the state superintendent of education; (2) instruction is given in the several
branches of study required to be taught in the public schools; (3) the English language
is used in giving instruction; (4) a register of attendance is kept indicating every
absence of each child from school for a half day or more. Code of Alabama 1975 §16-
28-1(1).
Teacher Certification
Teachers instructing in private schools, but not church schools, must hold certificates
issued by the state superintendent of education. Code of Alabama 1975 §16-28-1(1)a,
(2).
Length of School Year/Days
Every child between the ages of 7 and 16 is required to attend a public school, private
school, church school, or be instructed by a private tutor certified by the state of
Alabama, for the entire length of the school term in every scholastic subject under the
compulsory attendance law. Code of Alabama 1975 §16-28-3.
Curriculum
Each private school‘s purpose and objectives shall be stated in the catalog, bulletin, or
brochure of the institution. Ala. Admin. Code r. 290-030-050-.05.
Private schools, but not church schools, are required to use the English language in
giving instruction. Code of Alabama 1975 §16-28-1(1).
Private schools, but not church schools, are required to offer instruction in "the
several branches of study required to be taught in the public schools." Code of
Alabama 1975 §16-28-1(1).
State Regulation of Private Schools—Alabama
4
Private schools, but not church schools, must provide a physical education program
that conforms to the program outlined by the Alabama Department of Education.
Code of Alabama 1975 §16-40-1.
Recordkeeping/Reports
At the end of the fifth day from the opening of the public school, the principal teacher
of each private school, but not church school, must report to the local superintendent
the names and addresses of all children age 7–16 enrolled; and thereafter, at least
weekly the names of students absent without excuse. Code of Alabama. 1975 §16-28-
7.
The principal teacher of private and church schools must keep an attendance register
showing the enrollment of the school and every absence of each enrolled child from
school for a half-day or more. Code of Alabama 1975 §16-28-8. The registry is
admissible as evidence in compulsory attendance hearings. Code of Alabama 1975
§16-28-23.
Private schools, i.e., a profit or nonprofit entity as opposed to publicly owned or
operated schools, which cease operations shall place student academic attendance and
financial aid records in the following repository: (1) if merged, consolidated, or
change of ownership, in the continuing school; (2) if part of a system, organization,
franchise, or church ministry, in the administrative office; (3) if without system
support, with the local superintendent of the public county or city. Code of Alabama
1975 §16-46-3(e).
At church schools, enrollment and attendance must be reported to the local public
school superintendent by the parent or guardian on a form provided by the
superintendent. The administrator of the church school countersigns the enrollment
form. If a child leaves the church school, the church school will notify the local
public school superintendent, by prior consent of the parent or guardian. Code of
Alabama 1975 §16-28-7.
Health and Safety Requirements
A certificate of immunization or testing (as designated by the state health officer) is
required prior to admittance to a private school. Code of Alabama 1975 §16-30-4.
No teacher or school administrator employed by a nonpublic school is excluded from
participating in in-service teacher education institutes or curriculum development
programs for drug abuse prevention provided under Chapter 41, Drug Abuse
Education. Code of Alabama 1975 §16-41-5.
An additional penalty of five years incarceration, with no provision for probation, is
imposed for the unlawful sale of a controlled substance on the campus of a private
school or within a three-mile radius of the campus. Code of Alabama 1975 §13a-12-
250.
Alabama requires all private schools to conduct monthly fire drills and to have all
doors and exits open out, and that all such doors and exits be unlocked during school
hours. Code of Alabama 1975 §36-19-10.
Private school employers must check the sex crime records of job applicants or
volunteers for positions having supervisory or disciplinary power over minors less
than 18 years of age. The Department of Public Safety will furnish the information to
State Regulation of Private Schools—Alabama
5
the requesting employer and may charge the employer a fee for the actual cost. Code
of Alabama 1975 §26-20-1.
Private schools must fully meet the building code requirements unless the building
was used for that purpose prior to the effective date of the code. Code of Alabama
1975 §41-9-163(c).
Transportation
A license tax or registration fee of $13.00 is imposed on motor buses owned by a
church or a private school that are used only for the purposes of the institution. Code
of Alabama 1975 §40-12-246(d).
Textbooks
There is no state policy at this time.
Testing
There is no state policy at this time.
Special Education
There is no state policy at this time.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
No teacher or school administrator employed by a nonpublic school is excluded from
participating in in-service teacher education institutes or curriculum development
programs for drug abuse prevention provided under Chapter 41, Drug Abuse
Education. Code of Alabama 1975 §16-41-5.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The Alabama state legislature is prohibited from taxing school property, real or
personal. Alabama Constitution, Article 4, Section 91.
Public Aid for Private Education
Constitutional provisions: No money raised for the support of the public schools
can be appropriated to or used for the support of any sectarian or denomination
school. Alabama Constitution, Article 14, Section 263.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
State Regulation of Private Schools—Alabama
6
Homeschooling
Parents who want to instruct their child at home must either do so through a certified
tutor or must qualify as a church school.
A church school is includes only such schools that offer instruction in grades K–12,
or any combination thereof, including the kindergarten, elementary, or secondary
level and are operated as a ministry of a local church, group of churches,
denomination, and/or association of churches on a nonprofit basis which do not
receive any state or federal funding. Code of Alabama 1975 §16-28-1.
Documentation of the enrollment and attendance of a child in a church school must be
filed with the local public school superintendent by the parent or guardian on a form
provided by the superintendent or his agent. Code of Alabama 1975 §16-28-7.
Individuals who choose to homeschool, and do not qualify as a church school, fall
under the option of school attendance through a private tutor. Instruction by a private
tutor means and includes only instruction by a person who holds a certificate issued
by the state superintendent of education and who offers instruction in the several
branches of study required to be taught in the public schools of this state; for at least
three hours a day for 140 days each calendar year, between the hours of 8:00 A.M.
and 4:00 P.M., and who uses English language in giving instruction. Tutors shall
keep a register of work, showing daily the hours used for instruction and the presence
or absence of any child being instructed and shall make such reports as the State
Board of Education may require. Code of Alabama 1975 §16-28-5.
Prior to beginning the instruction of any child, it is mandatory to file with the county
superintendent of education, where the place of instruction is in territory under the
control and supervision of the county board of education, or the city superintendent of
schools, where the place of instruction is in territory under the control and supervision
of a city board of education, a statement showing the child or children to be
instructed, the subjects to be taught, and the period of time such instruction is
proposed to be given.
Information resources
Alabama State Department of Education: Private School Licensure in Alabama
<ftp://ftp.alsde.edu/documents/89/state_law_for_lic.PDF>
Alabama State Department of Education: Application for License to Operate a
Private School in Alabama <ftp://ftp.alsde.edu/documents/89/Ps1.pdf>
Alabama Legislative Information System Online
<http://alisondb.legislature.state.al.us/acas/ACASLogin.asp>
HB227: Autism Scholarship Act
<http://www.legislature.state.al.us/SearchableInstruments/2008RS/Bills/HB227.htm>
Alabama State Department of Education
5227 Gordon Persons Building
50 North Ripley Street
P.O. Box 302101
Montgomery, AL 36104-3833
Phone: 334-242-9700
Fax: 334-242-9708
Web site: http://www.alsde.edu
State Regulation of Private Schools—Alabama
7
U.S. Department of Education, Alabama
Updated December23, 2008
8
ALASKA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Alaska Department of Education and Early Development has a duty to
accredit private schools that request accreditation and meet accreditation
standards as prescribed by regulation. (In practice, Alaska does not accredit
schools and has not adopted accreditation regulations but has an informal
agreement with the Northwest Association of Schools and Colleges to provide
accreditation to public and private schools that request accreditation.) Alaska
Stat. §14.07.020(10).
No requirements for Registration.
No requirements for Licensing.
The Alaska Department of Education and Early Development is not
authorized to require the licensing of religious or other private schools.
Alaska Stat. §14.07.020(10).
No requirements for Approval.
Private schools that elect to comply with Alaska Stat. §§14.45.100–130 are
considered "exempt schools", i.e. exempt from other state education
requirements. However, health and safety provisions apply equally to "exempt
and "non-exempt" private schools. Alaska Stat. §14.45.100.
―Non-exempt schools‖ are religious or other private schools not operated in
compliance with Alaska Stat. §§14.45.100–130 and are not exempt from
education laws and regulations. Alaska Stat. §14.45.030.
Teacher Certification
Teacher certification is required for non-exempt private schools, but not required for
exempt private schools.
Length of School Year/Days
"Exempt" schools must operate on a regular schedule excluding reasonable holidays
and vacations during at least 180 days of the year. Alaska Stat. §14.45.110(b).
Non-exempt private schools must comply with the laws and regulations relating to
education. Alaska Stat. §14.45.030.
A public school term must include not less than 180 days, unless approved by the
commissioner. Alaska Stat. §14.03.030.
Curriculum
Private education satisfies the Alaska compulsory school attendance law if the
academic education provided is comparable to that offered by the public schools in
the area. Alaska Stat. §14.30.010(b)(1).
State Regulation of Private Schools—Alaska
9
Recordkeeping/Reports
Both ―exempt‖ and non-exempt private schools are required to submit a Corporal
Punishment Policy to the State of Alaska Department of Education and Early
Development. The policy must be written and explain the details of its use (who may
administer, what instrument is used, privacy issues). Private schools must gain
written consent before administering corporal punishment. 4 AAC 42.200.
Non-exempt schools must submit regular monthly attendance reports and annual
reports to the commissioner in the same manner as teachers and superintendents in
the public schools. Alaska Stat. §14.45.030.
An "exempt" school must maintain monthly attendance records for each student
enrolled. Alaska Stat. §14.45.110(b).
By October 15 each year, "exempt" schools must make an annual report to the
commissioner of education of the number of students in each grade and the school
calendar. Alaska Stat. §14.45.110(b).
"Exempt" schools must maintain permanent student records reflecting immunizations,
physical examinations, standardized testing, academic achievement, and courses
taken. The chief administrative officer must certify that the records are being
maintained. Alaska Stat. §14.45.130.
Parents or guardians of children attending "exempt" schools must file an annual
notice of enrollment with the local public school superintendent. The form must be
signed by the parent or guardian and chief administrative officer of the exempt school
and then submitted to the local public school superintendent by the parent. If the child
withdraws, the "exempt" school must notify the public school superintendent within a
reasonable time. Alaska Stat. §14.45.110(a).
Health and Safety Requirements
The Alaska Department of Education and Early Development has a duty to prescribe
by regulation standards to assure healthful and safe conditions in the private schools.
Standards for private schools may not be more stringent than those for public schools.
Alaska Stat. §14.07.020(7).
Private schools must instruct pupils by means of drills to safely exit school buildings
in an emergency. Drills must be conducted once each month during the school term,
weather permitting. Alaska Stat. §14.03.140.
School teachers and school administrative staff members of private schools who in
the performance of their occupational duties have reasonable cause to suspect that a
child has suffered harm as a result of child abuse or neglect must immediately report
the harm to the Alaska Department of Education. A person required to report child
abuse or neglect to the Department is not relieved of the obligation by notifying his
supervisor of the harm. If the alleged abuse occurred at a private school and was
caused by a school employee, the law enforcement agency will notify the chief
administrator of the school. In the event the allegation of abuse is against the chief
administrator or his immediate family, the agency will notify the commissioner of
education. The notification must set out the factual determination of the law
enforcement agency. Alaska Stat. §47.17.020(a)(2), (f), (g).
Private school officials have the authority to search school lockers as provided in
Alaska Stat. §14.03.105. Alaska Stat. §14.45.190.
State Regulation of Private Schools—Alaska
10
Transportation
The Alaska Department of Education and Early Development provides transportation
for nonpublic school students who travel comparable distances and the same routes as
public school students. Alaska Stat. §14.09.020.
Textbooks
There is no state policy at this time.
Testing
"Exempt" schools must administer a nationally standardized test selected by the chief
administrative officer of the school to all students enrolled in grades four, six, and
eight at least once each school year. The test must measure achievement in English
grammar, reading, spelling and mathematics. The school must maintain records of the
results and make them available to parents or guardians. Composite test results for the
school must be made available annually to the Alaska Department of Education and
Early Development. These results are not public information unless the public school
is also required to release identical information. Alaska Stat. §14.45.120.
Special Education
There is no state policy at this time.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The Alaska Constitution exempts property used exclusively for nonprofit religious,
charitable, or educational purposes from taxation. Alaska Constitution, Finance and
Taxation Art. IX, Sec. 1.
Public Aid for Private Education
Constitutional provisions: The Alaska Constitution provides "No money shall be
paid from public funds for the direct benefit of any religious or other private
educational institution." Alaska Constitution, Education, and Welfare, Art. VII, Sec.
1.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
State Regulation of Private Schools—Alaska
11
Homeschooling
Children receiving home instruction are exempt from the Compulsory School
Attendance Law. Alaska Stat. §14.30.010(b)(12).
Parents intending to homeschool their children are not required to register with the
state or their local school district. Alaska Stat. §14.30.010(b)(12).
If the parent chooses to homeschool through the use of a private tutor that individual
must have a teacher certification. Alaska Stat. §14.30.010 and Alaska Stat.
§14.20.020.
Homeschools are legal under five options: 1) If "the child is being educated in the
child's home by a parent or legal guardian," the child is exempt from compulsory
attendance; 2) tutoring by a certified teacher; 3) enrollment in "a full-time program of
correspondence study approved by the department;‖ 4) the child "is equally well-
served by an educational experience approved by the school board," after a written
request for excuse from school attendance; 5) a homeschool may qualify as a
"religious or other private school" as long as it meets the requirements. Alaska Stat.
§§14.30.010(b)(12), 14.30.010(b).
No testing requirements are set for homeschools unless operating as a private or
religious school. If this is the case, then the parent must administer a nationally
standardized test selected to student in grades four, six, and eight at least once each
school year. Alaska Stat. §14.45.120.
Homeschools are exempt from fire, safety, and asbestos regulations as well as
developing a corporal punishment policy. State of Alaska Department of Education
and Early Development‘s Guide for Establishing a Private or Religious School.
Information resources
State of Alaska Department of Education and Early Development: Guide for
Establishing an Exempt, Religious or Other Private School
<http://www.eed.state.ak.us/forms/PrivateSchools/05-01-019.doc>
State of Alaska Department of Education and Early Development: Alternative
Schooling Options
<http://www.eed.state.ak.us/Alaskan_Schools/schooloptions.html>
State of Alaska Department of Education and Early Development: Alaska Statewide
Correspondence Schools Directory
<http://www.eed.state.ak.us/Alaskan_Schools/corres/Directory.cfm>
Alaska Statues
Title 14 Chapter 7
<http://www.touchngo.com/lglcntr/akstats/Statutes/Title14/Chapter07.htm>
Title 14 Chapter 45
<http://www.touchngo.com/lglcntr/akstats/Statutes/Title14/Chapter45.htm>
Alaska Department of Education and Early Development
Suite 200
801 West 10th Street
P.O. Box 110500
Juneau, AK 99811-0500
Phone: 907-465-2800
State Regulation of Private Schools—Alaska
12
Fax: 907-465-4156
TTY: 907-465-2815
Web site: http://www.eed.state.ak.us/
U.S. Department of Education, Alaska
Updated December 1, 2008
13
ARIZONA
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
"Private school" is defined as ―a nonpublic institution, other than the child's home,
where academic instruction is provided for at least the same number of days and
hours each year as a public school.‖ Ariz. Rev. Stat. Ann. §15-802F.2.
―Nothing in this title shall be construed to provide the state board of education or the
governing boards of school districts control or supervision over private schools.‖
Ariz. Rev. Stat. Ann. §15-161.
Teacher Certification
Teacher certification is not required.
Length of School Year/Days
To comply with the Arizona compulsory school attendance statute, private school
students must attend school for the full time school is in session in the local school
district. Ariz. Rev. Stat. Ann. §15-802B.2.
Curriculum
―Every child between the ages of six and sixteen years shall attend a school and shall
be provided instruction in at least the subjects of reading, grammar, mathematics,
social studies and science. The person who has custody of the child shall choose a
public, private, charter or homeschool as defined in this section to provide
instruction.‖ Ariz. Rev. Stat. Ann. §15-802A.
If a student transfers from a private school to a public school then the public school
must provide the student with a list that indicates which credits are accepted and
denied by the school district. The student is allowed to take an examination in each
course denied credit. If the student earns a passing score on a test designated by the
school district that was evaluated by a teacher in the school district then that student
will receive credit for the course. The governing board of the school district may
recommend requirements regarding the acceptance of the credits of private school
students transferring to public school. Ariz. Rev. Stat. Ann. §15-701.01G.
Recordkeeping/Reports
On enrollment, private schools must maintain a copy of reliable proof of the pupil's
identity and age, e.g. birth certificate or baptismal certificate, in the pupil's file. Any
inaccurate or suspicious affidavit must be reported to the local law enforcement
agency. Ariz. Rev. Stat. Ann. §15-828A, C, E.
State Regulation of Private Schools—Arizona
14
Within five school days after enrollment of a transfer, a school must request directly
from the pupil's previous school a certified copy of the transcript's record with ―due
diligence.‖ Any school requested to forward a copy of a student‘s record must
forward it within 10 days unless financial debt is owed or the record has been flagged
pursuant to section 15-829. If the record is flagged, the requested school must not
notify the local law enforcement agency of the request and not forward the copy of
the record. Ariz. Rev. Stat. Ann. §15-828 F.
By November 30 of each school year, private schools must report the following to the
health department and the department of health services on forms provided: 1) the
number of pupils immunized or who have submitted laboratory evidence of
immunity; 2) the number of students with incomplete immunization; 3) the number of
students exempt from immunization. Ariz. Rev. Stat. Ann. §15-874 D.
Parents enrolling students in private schools must file an affidavit with the county
superintendent stating that the student is attending a school for the fulltime that the
schools in the school district are in session and the name and address of the school
that the child is attending. Ariz. Rev. Stat. Ann. §15-802B.2.
Before January 15 each year, the superintendent of public instruction must make an
annual report to the governor and state legislature of the number of children attending
private schools. Ariz. Rev. Stat. Ann. §15-255.
Health and Safety Requirements
Children are not allowed to attend school without submitting documentary proof of
immunization to the school administrator, unless they are exempt under §15-873, or
in the process of immunization. Ariz. Rev. Stat. Ann. §15-872.
The fire marshal is responsible for establishing programs for evacuating school
buildings and instructing students in private schools on the importance of fire
preventions and control. Ariz. Rev. Stat. Ann. §§41-2165; 2163A.4.
Arizona requires students, teachers, and visitors in private schools to wear eye
protective ware while participating or observing certain educational activities in
vocational, technical, industrial arts, art or laboratory science. Private or parochial
schools must equip their schools with the appropriate eye protective ware. Ariz. Rev.
Stat. Ann. §15-151.
Arizona places additional criminal penalties on persons convicted of selling illegal
drugs in a drug-free school zone. The administrative officer of a nonpublic school
shall place and maintain signs identifying the school and its grounds as a drug-free
school zone. Illegal drug transactions observed by school personnel must be reported.
School records of alleged student violations must be made available to the peace
officer upon written request. Ariz. Rev. Stat. Ann. §13-3411.
Transportation
There is no state policy at this time.
Textbooks
There is no state policy at this time.
State Regulation of Private Schools—Arizona
15
Testing
There is no state policy at this time.
Special Education
School districts or county school superintendents may contract with private schools to
provide education and related services for public school students with disabilities.
Ariz. Rev. Stat. Ann. §15-765D.
Arizona provides special education residential vouchers for special education students
publicly placed in private special education facilities providing 24-hour residential
care. Private schools accepting vouchers may not discriminate on the basis of race,
religion, creed, color, national origin or disability. Ariz. Rev. Stat. Ann. §15-1184.
See Public Aid for Private Education for Arizona Scholarship for Pupils with
Disabilities Program.
Nursing and Health
Private schools may participate in school meal programs offered by the state and
through federal assistance programs. Ariz. Rev. Stat. Ann. §15-1151.
Technology
There is no state policy at this time
Professional Development
There is no state policy at this time
Reimbursement for Performing State/Local Functions
There is no state policy at this time
Tax Exemption
No tax may be laid or appropriation of public money made in aid of any private or
sectarian school. Arizona Constitution, Art. 9, Sec. 7.
Property of educational, charitable and religious associations or institutions not used
or held for profit may be exempt from taxation by law. Arizona Constitution, Art. 9,
Sec. 2.
Public Aid for Private Education
Constitutional provisions: No public money or property may be appropriated or
applied to any religious instruction or support of any religious establishment. Arizona
Constitution, Art. 2, Sec. 12.
The state school fund may only be apportioned for public education. Arizona
Constitution, Art. 11, Sec. 8.
Programs for financial assistance for attendance at private schools:
Arizona has four such programs.
1) Individual School Tuition Organization Tax Credit was enacted in 1997 and
implemented in 1998. This program provides tax credits to individual taxpayers for
contributions made to school tuition organizations (STOs). An STO is defined as a
501(c)(3) organization that "allocates at least 90 percent of its annual revenue for
State Regulation of Private Schools—Arizona
16
education scholarships or tuition grants to children" to allow them to attend the school
of their choice, including private and/or parochial schools. The amount of the credit
is equal to the amount contributed, with a maximum credit of $500 to a single
taxpayer and $1,000 for a married couples filing jointly. STOs determine the amount
of the scholarship and student eligibility. Ariz. Rev. Stat. Ann. §43-1089. This
program‘s constitutionality was upheld by the Arizona Supreme Court in Kotterman
v. Killian (1999).
2) Corporate School Tuition Organization Tax Credit became law in 2006 and allows
corporations to receive a tax credit for contributing to a school tuition organization.
The amount of the credit is equal to the amount contributed. The maximum
aggregate amount of tax credits is $10 million, which increases by 20 percent
annually. Tax credits are awarded on a first-come, first-served basis. The
scholarships have maximum limits of $4,200 and $5,500 for students, grades K–8 and
9–12 respectively. A student is eligible if his or her family‘s income does not exceed
185 percent of the income limit required for students to qualify for the federal free or
reduced-price lunch program. Ariz. Rev. Stat. Ann. §43-1183.
3) Arizona Scholarships for Pupils with Disabilities Program was implemented in the
2006–07 school year and provides special needs children with the option of attending
another public school or receiving a scholarship for attendance at a qualified private
school. In order to be a state-qualified school, the school may not discriminate on the
basis of race, color, disability, familial status or national origin. An eligible student
must have an Individualized Education Program and attended a public school in the
prior year. The amount of assistance is the school‘s tuition and fees or actual cost per
pupil, whichever is greater, but may not exceed the amount of funding the student
would have generated had he or she remained in a public school. Ariz. Rev. Stat. Ann.
§§15-891–891.06.
4) Displaced Pupils Choice Grant Program became law in 2006 and began in the
2007–08 academic year. A student is eligible to receive this voucher if he or she has
been in the foster care system any time before high school graduation. Vouchers are
distributed on a first-come, first-served basis and can be used to pay tuition at any
private school in the state of Arizona. Participating schools may not discriminate on
the basis of race, color, disability, familial status or national origin. Ariz. Rev. Stat.
Ann. §§15-817–817.07.
Homeschooling
"Home school"1 is defined as ―a school conducted primarily by the parent, guardian
or other person who has custody of the child or instruction provided in the child's
home.‖ Ariz. Rev. Stat. Ann. §15-802F.1.
Each county has jurisdiction over home schooling within its borders. Ariz. Rev. Stat.
Ann. §15-802, 15-802.01.
Parents or guardians are required to complete, notarize, and file an affidavit of home
schooling with the county school superintendent in the county in which they live
within 30 days of beginning to home school their child. If a child returns to a public
school, the parent is again obligated to report this change of placement to the county
school superintendent within 30 days. Ariz. Rev. Stat. Ann. §§15-802, 15-802.01.
1 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—Arizona
17
The parent must also submit to the county school superintendent within 30 days of the
start of home instruction at least one of the following: a birth certificate, reliable
proof of the child‘s identity and age, a letter from the authorized agency with custody
of the child. Ariz. Rev. Stat. Ann. §15-828 B.
If the parent does not comply with the notification requirements then, the school,
school district or county school superintendent will notify the parents in writing and if
the parent does not comply within ten days, the case will be referred to the local law
enforcement agency for investigation. Ariz. Rev. Stat. Ann. §15-828 D.
There are no annual testing requirements. Ariz. Rev. Stat. Ann. §§15-802, 15-802.1.
Information resources
Arizona Department of Education: Parents & Families, Home Schooling Information
<http://www.ade.az.gov/resources/hs.asp>
Arizona State Legislature
Arizona Revised Statutes Annotated
Title 15, Education <http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=15>
Arizona Department of Education: Exceptional Student Services, State and Federal
Initiatives, Arizona Scholarship for Pupils with Disabilities Program
<http://www.azed.gov/ess/StateFedInitiatives/AZScholarship.asp>
Arizona Department of Education: Special Projects and Constituent Services,
Displaced Pupils Choice Grant Program
<http://www.azed.gov/DisplacedPupilGrants/>
Arizona Department of Education
1535 West Jefferson Street
Phoenix, AZ 85007
Phone: 602-542-4361
Toll-Free: 800-352-4558
Fax: 602-542-5440
E-mail: ADEINBOX@azed.gov
Web site: http://www.ade.az.gov/
U.S. Department of Education, Arizona
Updated November 24, 2008
18
ARKANSAS
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
There are no requirements for accreditation, registration, licensing, or
approval from the state for private schools in Arkansas. Private schools may
be accredited through other organizations such as the Arkansas Nonpublic
School Accrediting Association.
No requirements for Registration.
In order to found an institution of learning it must be incorporated under the
name listed in the institution‘s articles of association. ―Any number of
persons, the multiple of three (3), not less than six (6) nor more than thirty-
three (33),‖ must be on the board to incorporate. Ark. Code Ann. §6-2-102.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is not required for private school teachers.
Length of School Year/Days
A full school day is six hours of instruction. Ark. Code Ann. §6-16-102. This statute
is not applicable to private schools in Arkansas. However, Ark. Code Ann. §6-18-
201(a) requires that all children between the ages of five (5) and seventeen (17) shall
be enrolled in a public, private, parochial, or home school.
Curriculum
The basic language of instruction in the public school branches in all the schools of
the state, public and private, shall be the English language only. Any person violating
the provisions of this section shall be guilty of a violation and upon conviction shall
be fined not to exceed twenty-five dollars ($25.00), payable into the general school
fund of the county. Each day this violation occurs shall be considered a separate
offense. Ark. Code Ann. §6-16-104.
Private school authorities are required to procure a suitable U.S. flag and flagstaff and
to display the flag properly upon, near, or in the school buildings during the hours
school is in session and at other times as school authorities direct. Ark. Code Ann. §6-
16-105(b).
Recordkeeping/Reports
The Arkansas Department of Education‘s Statewide Information System (SIS)
collects private school information including: (1) name of the private school; (2) the
private school administrator‘s name and contact information; (3) mailing addresses;
(4) grade levels taught in the private school; (5) number of students enrolled; and (6)
whether the private school wishes to participate in Title I federal programs, Title II
State Regulation of Private Schools—Arkansas
19
federal programs, Title VI federal programs (Drug-Free Schools), and Title V federal
programs. SIS also collects the number of private school students receiving Title I
services in reading, language arts, and mathematics.
Health and Safety Requirements
Prior to admission to a private school, a child must be immunized from poliomyelitis,
diphtheria, tetanus, pertussis, red (rubeola) measles, rubella and other diseases as
designated by the State Board of Health. Children whose parents or legal guardians
object on the grounds that immunization conflicts with their religious or philosophical
beliefs shall complete an annual application process developed in the rules and
regulations of the Department of Health for medical, religious, and philosophical
exemptions. Ark. Code Ann. §6-18-702(a), (f).
Private schools must institute as soon as possible a continuing scoliosis screening
program in accordance with State Board of Health regulations. Ark. Code Ann. §20-
15-802.
Private schools are required to have one fire drill each month and to keep all doors
and exits unlocked during school hours. Ark. Code Ann. §12-13-109.
Private school teachers who have reasonable cause to suspect that a child has been
subjected to child maltreatment or has died as a result of child maltreatment, or
observe a child being subjected to conditions or circumstances that would reasonably
result in child maltreatment, shall immediately notify the child abuse hotline by
telephone call, facsimile transmission, or online reporting. Ark. Code Ann. §12-12-
507.
Persons loitering on or near private school grounds during school hours or at any
school-sponsored activities after regular school hours without any lawful purpose are
guilty of a violation and upon conviction shall be subject to a fine of not less than
fifty dollars ($50.00) nor more than two hundred fifty dollars ($250). Ark. Code Ann.
§6-21-607.
Persons disturbing private schools by their conduct or trespassing on school grounds
during recess or while school is in session are guilty of a violation and upon
conviction shall be fined in any sum not exceeding one hundred dollars ($100)
payable into the general school fund of the county. Ark. Code Ann. §6-21-606.
Transportation
Ark. Code Ann. §6-19-102(a), (b) and Ark. Code Ann. §6-13-620(13) grants public
schools wide discretion in arranging transportation for their students. While there is
no Arkansas statute on point, an Arkansas Attorney General‘s Opinion appears to
indicate that a contract between a public school district and a parochial school to
transport the parochial school‘s students may be permissible. See Op. Att. Gen. No.
98-207. The validity and legality of such contracts must be determined on a case-by-
case basis. Id.
Textbooks
There is no state policy at this time.
State Regulation of Private Schools—Arkansas
20
Testing
There is no state policy at this time.
Special Education
Children attending private schools may voluntarily submit to tests and evaluations for
suspected disabilities and assessments for individualized education programs but are
not required. Ark. Code Ann. §6-41-219.
The responsibility of school districts and the state to provide free public education for
children with disabilities is not diminished by the availability of private schools and
services. Whenever private schools and services are utilized, it continues to be the
responsibility of the appropriate local school district and the State Board of Education
to assure an appropriate quantity and quality of instructional and related services, to
assure the protection of all other rights, and to ascertain that all children with
disabilities receive the educational and related services and rights to which the law of
this state entitles them. Ark. Code Ann. §6-41-206.
Prior to expending funding for new programs for children with disabilities in
nonpublic schools, the Department of Workforce Education shall publish a notice of
intent and invite proposals from special service providers. Ark. Code Ann. §6-41-101.
Home schools authorized under the laws of the State of Arkansas are not entitled to
local, state, or federal funds allocated to a public school district. Eligible children
with disabilities identified under the Individuals with Disabilities Education Act, 20
U.S.C. §1400 et seq., in home school settings shall be given the same consideration
afforded to students in private school settings for special education services as
provided for in that act. Ark. Code Ann. §6-15-507.
Nursing and Health
There is no state policy at this time. However, nurses who assist private schools with
health related screenings may attend training through Arkansas Education
Cooperatives.
Technology
Private school students may participate and receive credit for completing a distance-
learning course as part of the Arkansas Distance Learning Development Program.
Ark. Code Ann. §6-47-404.
Professional Development
Professional development is provided to all licensed teachers, regardless of employer.
If private school teachers hold an Arkansas teaching license, they are eligible for
professional development services. Ark. Code Ann. §6-17-707 and the Arkansas
Rules Governing Professional Development.
Private school teachers may receive professional development services through the
Arkansas Online Professional Development Initiative. Ark. Code Ann. §6-17-707.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
State Regulation of Private Schools—Arkansas
21
Tax Exemption
Arkansas exempts "school buildings and apparatus; libraries and grounds used
exclusively for all real and tangible personal school purposes" from all real and
tangible personal property taxes. This exemption applies to private schools as well as
public schools. Philips Co. v. Sister Estelle, 42 Ark. 536 (1884).
Public Aid for Private Education
Constitutional provisions: The Arkansas Constitution prohibits the use of money or
property belonging to the public school fund or to the State for the benefit of schools
or universities to be used for any other purpose. Arkansas Constitution, Art. 14, Sec.
2.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
A ―home school‖2 is defined as ―a school provided by a parent or legal guardian for
his or her own child."
Parents or guardians desiring to provide a home school for their children must give
written notice at the beginning of each school year, but no later than August 15 (or by
December 15 for parents who decide to start home schooling at the beginning of the
spring semester) to the superintendent of their local school district of their intent to
provide a home school for their children and sign a waiver acknowledging that the
State of Arkansas is not liable for the education of their children during the time that
the parents choose to home school. Within thirty (30) calendar days of establishing
residency within the school district, parents or guardians moving into the school
district during the school year must give written notice to the superintendent of their
local school district of their intent to provide a home school for their children and
sign a waiver acknowledging that the State of Arkansas is not liable for the education
of their children during the time that the parents choose to home school. The notice
must include: the name, date of birth, grade level, and name and address of the school
last attended, if any, of each student involved; the location of the home school; the
basic core curriculum to be offered; the proposed schedule of instruction; and the
qualifications of the parent-teacher. Ark. Code Ann. §6-15-503.
The first time a parent submits the notice to the local superintendent, he or she must
do it in person. Ark. Code Ann. §6-15-503(4).
Each student enrolled in a home school program who is considered to be at grade
level or no more than two (2) years beyond the normal age for the appropriate grade
for which the state mandates norm-referenced tests for public school students shall be
tested using a nationally recognized norm-referenced achievement test selected by the
State Board of Education. Test results for home school students will be used for
reporting purposes only. Ark. Code Ann. §6-15-504.
The ―directors of the education service cooperatives established under §6-13-1001 et
seq. or as otherwise designated by the Department of Education‖ will administer the
test of home-schooled students. ―The administration shall include purchasing the test
2 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—Arkansas
22
materials, giving the tests, scoring and interpreting the tests, and reporting test
results.‖ Ark. Code Ann. §6-15-504(b).
The parent or guardian may request for an alternative testing procedure to be
approved by the director of the education services cooperative, but any cost
associated to the alternative testing procedure is at the expense of the parent or
guardian. Ark. Code Ann. §6-15-504(d).
If a parent or guardian does not participate in a testing program or the alternative
testing procedure then Arkansas laws regarding truancy will apply. Ark. Code Ann.
§6-15-504(e).
The State Board of Education policy is that school districts provide a genuine
opportunity to home school students with disabilities to access special education and
related services from the district where they reside. This policy is not to be construed
as conferring the procedural protections and rights under Part B of the Individuals
with Disabilities Education Act to such students and their parents or legal guardians.
Home schools authorized under the laws of the State of Arkansas are not entitled to
local, state, or federal funds allocated to a public school district. Eligible children
with disabilities identified under the Individuals with Disabilities Education Act, 20
U.S.C. §1400 et seq., in home school settings shall be given the same consideration
afforded to students in private school settings for special education services as
provided for in that act. Ark. Code Ann. §6-15-507.
Information resources
Arkansas Department of Education: Home Schools
<http://arkansased.org/schools/schools_home.html>
Arkansas Department of Education: Rules Governing Home Schools, August 2007
<http://arkansased.org/rules/pdf/current/ade_262_homesch_0807_current.pdf>
Arkansas Department of Education: Fact Sheet on Home Schooling in Arkansas
<http://www.arkansased.org/schools/pdf/hs_fact_050108.pdf>
Arkansas State Legislature
Arkansas Code
<http://www.arkleg.state.ar.us/SearchCenter/Pages/arkansascode.aspx>
Arkansas Department of Education
Four State Capitol Mall
Little Rock, AR 72201-1071
Phone: 501-682-4204
Fax: 501-682-1079
Web site: http://ArkansasEd.org/
U.S. Department of Education, Arkansas
Updated December 18, 2008
23
CALIFORNIA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Western Association of Schools and Colleges, one of six regional
accrediting agencies in the United States, conducts a comprehensive
accreditation of public and private schools and maintains a directory of
accredited California schools.
Registration is mandatory.
Private schools are required to file an affidavit with the Superintendent of
Public Instruction between the first and fifteenth day of October of each year.
Calif. Educ. Code §33190. See Recordkeeping/Reports.
No requirements for Licensing.
Approval is optional.
California does not approve private schools. However, nonpublic,
nonsectarian special education schools enroll both privately enrolled and
public school-placed students and therefore are considered a type of private
school. These schools are certified by the California Department of Education
to provide special education services. See Special Education. Calif. Educ.
Code §56836.2.
Under California law, private schools may not be converted to charter schools.
Calif. Educ. Code §47602(b).
Teacher Certification
Teacher certification is optional. Children instructed in private full-time day schools
by "persons capable of teaching" are exempt from public school attendance under the
compulsory education law. Calif. Educ. Code §48222.
The California Commission on Teacher Credentialing must forward to private schools
on a monthly basis a list of all teachers who have had their state teaching credential
revoked or suspended. The Commission must also send on a quarterly basis a
complete and updated list of all teachers who have had their teaching credentials
revoked or suspended, excluding teachers who have had their credentials reinstated,
or who are deceased. Calif. Educ. Code §44237(g).
Private schools may request information regarding the fitness of any applicant for a
teaching position from the commission. Calif. Educ. Code §44341(d).
English is the basic language of instruction in all schools. The governing board of any
private school may determine when and under what circumstances instruction may be
given bilingually. Pupils proficient in English and fluent in a foreign language may be
instructed in classes conducted in that foreign language. Calif. Educ. Code §§48222,
30.
State Regulation of Private Schools—California
24
Length of School Year/Days
Children exempt from compulsory public school attendance under the Private School
Affidavit must attend ―full-time school.‖ The length of the private school year and
school day is set by the private school officials who oversee the operation of the
private school.
Curriculum
Students attending private schools are exempt from California‘s compulsory
attendance law if the schools offer instruction in the several branches of study
required in the public schools of the state. Private schools are not required to follow
the state‘s adopted Content Standards. The exemption from California's compulsory
attendance law under which students attend private schools includes the requirement
that the private school offers instruction in the several branches of study required in
the public schools of the state. Calif. Educ. Code §48222.
County superintendents of schools may enter into agreements with nonpublic private
schools to provide programs and classes in outdoor science education and
conservation education for private school students. The private school must pay for
the actual cost of providing the programs or classes. Calif. Educ. Code §§8763, 8766–
67.
District superintendents may designate private school officials at private schools
located within the district‘s boundaries to issue work permits to students in
accordance with state provisions governing the employment of minors. Calif. Educ.
Code §49110.1.
Recordkeeping/Reports
Private schools are required to file an affidavit with the Superintendent of Public
Instruction between the first and fifteenth day of October of each year. The affidavit
must contain the following information: 1) all names under which it has done and is
doing business; 2) address of every place of business in California; 3) location of
records and custodian of records; 4) names and addresses of directors and principal
officers; 5) school enrollment by grades, number of teachers, coeducational or
enrollment limited to boys or girls and boarding facilities; 6) that school attendance
records, courses of study, and faculty information records maintained by the school
are true and accurate; and 7) that criminal record summary information for employees
has been obtained pursuant to Section 44237. Calif. Educ. Code §33190. Where the
instructor also serves as the school administrator, the affidavit must be made available
upon request to the parents or guardians of students or prospective students. Calif.
Educ. Code §33191.
Private schools are required to maintain a record of attendance for students. Every
absence for a half-day or more must be documented. Calif. Educ. Code §48222.
Private school parents have an absolute right to access any and all pupil records
related to their children that are maintained by the school. Calif. Educ. Code §49069.
Whenever a pupil transfers from a public school district to private school, or transfers
from a private school to a school district, the pupil's permanent record or a copy
thereof must be transferred by the former district or private school upon request of the
State Regulation of Private Schools—California
25
school or district. Parents have a right to receive a copy of the record and to challenge
the content of the record at a hearing. Calif. Educ. Code §49068.
When a private school pupil transfers from a private school to a public school, pupil
records shall not be withheld from the requesting district because of any charges or
fees owed by the pupil or his parent. Calif. Code of Regulations, Title 5, S. 438 (c).
Private schools may withhold grades, diplomas, or transcripts based on a minor's
willful misconduct that results in personal injury or property damage until reparations
are made. The school must afford the student his due process rights and notify the
parents in writing before taking any action. Calif. Educ. Code §48904(b).
Private schools must maintain for one year a record of the school bus safety
instruction provided by the school. The record must indicate the name and location of
school, date of instruction, supervising adults, number of participating students, grade
levels, subjects covered, time taken for instruction, bus driver's name, and bus
number. The record is subject to inspection by the Department of the California
Highway Patrol. Calif. Educ. Code §39831.5. See Transportation.
County boards of education may require private schools to report the withdrawal of
any student, whether by severance, expulsion, exclusion, exemption, transfer, or
suspension beyond 10 school days. The report must include names, ages, last known
address and the reason for withdrawal. Calif. Educ. Code §48202(a). Private schools
are required to report the withdrawal (as defined above) or denial of admission of
physically handicapped, mentally retarded, or multiple handicapped students to the
county superintendent. Calif. Educ. Code §48203.
Health and Safety Requirements
California provides financial assistance to private and parochial schools under the
Child Nutrition Program. The funding reimburses the school cafeteria accounts based
upon the number of qualifying meals served to students. Calif. Educ. Code §§41311,
49530.5, 49531.
Private elementary and secondary schools cannot unconditionally admit a student
unless he has been fully immunized for: diphtheria, haemophilus influenzae type b,
measles, mumps and pertussis (except for students who have reached 7 years),
poliomyelitis, rubella, tetanus and any other disease deemed appropriate by the State
Department of Health Services. Calif. Health and Safety Code §120325.
Prior to employment at a private or parochial elementary or secondary school,
individuals must present a certificate showing that they have been examined within
the last 60 days found to be free of communicable tuberculosis. Additional testing is
required at least once each four years or more if directed by the school. The private
school is responsible for maintaining up-to-date certificates for each person covered.
Private schools have the discretion to waive this requirement for employees who are
employed less than a school year and who do not have frequent or prolonged contact
with pupils. Employees transporting students must provide a certificate unless they
transport students on an infrequent basis not to exceed once a month. Calif. Health &
Safety Code §121525.
Volunteers must also present a certificate that they have been found free of
communicable tuberculosis within the last four years. At the discretion of the
governing authority of a private school, this section shall not apply to volunteers
State Regulation of Private Schools—California
26
whose functions do not necessitate frequent or prolonged contact with pupils. Calif.
Health & Safety Code §121545.
Private school buildings are subject to an annual inspection through the State Fire
Marshall's office. Calif. Health & Safety Code §13146.3.
Private schools entirely enclosed (except for building walls) by fences or walls must
maintain gates of sufficient size to permit the entrance of ambulances, police
equipment, and fire fighting apparatus. Locking devices must be designed to permit
ready entrance by chain or bolt cutting devices Calif. Educ. Code §32020.
The local sheriff or chief of police will immediately notify a private school if any of
the school employees are arrested for controlled substance offenses. Calif. Health &
Safety Code §11591(c).
California requires new noncertified employees at private elementary and high
schools having contact with minor pupils to obtain criminal record summaries from
the Department of Justice (DOJ) and the Federal Bureau of Investigation. DOJ will
provide the records to the designated private school employers to be maintained in a
secured file separate from personnel files. The criminal record summary will include
only arrests resulting in conviction or pending final adjudication for any sex offense,
controlled substance offense, or crime of violence. Calif. Educ. Code §44237(a), (b),
(c).
Private schools have a duty to equip schools with eye protective devices for students,
teachers and visitors and to require eye protective devices to be worn when observing
or participating in an activity where the use of hazardous substances are likely to
cause injury to the eyes. Calif. Educ. Code §§32030-32032.
Private schools are required to equip the school with a first aid kit to accompany
pupils whenever they are taken on school-sponsored field trips. Calif. Educ. Code
§32040. When field trips are taken into areas commonly known to be infested by
poisonous snakes, the first aid kit must contain medically accepted snakebite
remedies. The field trip must be accompanied by an agent of the school who has
completed a course in first aid certified by the American Red Cross that emphasizes
the treatment of snakebites. Calif. Educ. Code §32043.
Art and craft materials deemed to contain a toxic substance by the Office of
Environmental Health Hazard Assessment or a toxic substance causing chronic illness
are prohibited for use by students in K–6 grade private schools. Materials containing
toxic substances causing chronic illness may not be used by students in 7–12 grade
private schools unless it meets labeling standards Calif. Educ. Code §§32064-66.
Private schools are subject to the provisions of the Private Schools Building Safety
Act of 1986 to ensure that children attending private schools are afforded equivalent
earthquake safety as afforded public school students. The act regulates the design and
structure of private schools and provides for inspections by an enforcement agency.
The act defines "private school structure" as "any building used for educational
purposes through the 12th grade by 50 or more persons for more than 12 hours per
week or 4 hours in any one day." Certain structures 2,000 square feet or less in floor
area are exempt. Calif. Educ. Code §17320 et seq.
Persons 18 years of age or over who unlawfully sell heroin, cocaine, cocaine base or
any analog of these substances, within 1,000 feet of private school grounds when
State Regulation of Private Schools—California
27
minors are using the facility, will receive additional imprisonment in the state prison
for two years. Calif. Health & Safety Code §11353, 11353.1(a)(2).
The governing board of each private school must establish an earthquake emergency
procedure system in every private school building having an occupant capacity of 50
or more pupils or more than one classroom. The earthquake emergency procedure
system must include: 1) a school building disaster plan; b) a drop procedure; 3)
protective measures to be taken before, during, and following an earthquake; and 4) a
program to ensure students and staff are trained in the earthquake emergency
procedure system. Calif. Educ. Code §§35295-35297.
Persons in charge of private schools may not allow any cup or glass to be used in
common for drinking purposes. Calif. Health & Safety Code §118375.
Transportation
County superintendents may provide transportation to pupils attending private
schools upon the same terms, in the same manner and over the same routes as
provided for pupils attending public schools. The authorization is limited to actual
transportation and not transportation payments of money. Calif. Educ. Code §39808.
State subsidized transportation for children attending parochial schools is proper
under the California Constitution in view of the broad police powers of the state to
promote educational welfare and safety of the children. Bowker v. Baker, 167 P.2d
256 (1946).
California distinguishes between school buses, school pupil activity buses, and youth
buses in the applicable provisions of the vehicle code. Calif. Vehicle Code §§492,
545, 546, 680, 2808, and 12517; Calif. Educ. Code §39830, 39831.
Private schools are subject to the same statutes, rules, and regulations relating to
construction, design, operation, equipment, and color of school buses that apply to
public schools unless exempt by the commissioner of the California Highway Patrol
by rule or regulation. Calif. Veh. Code §§2808.
Private schools are required to provide instruction in school bus emergency
procedures and passenger safety for students transported in a school bus or school
pupil activity bus. The instruction must be given at least once a year to all transported
pupils prekindergarten through grade 8. In addition, safety instruction must be given
prior to departures on a school activity trip including instruction on the location of
emergency exits and location and use of emergency equipment. The school must
maintain a record for one year documenting the details of the instruction. Calif. Educ.
Code §39831.5.
Textbooks
The lending of textbooks, without charge, to students attending nonprofit, nonpublic
schools violates the California Constitution prohibiting appropriations for the support
of sectarian schools. Calif. Teachers Assoc. v. Riles, 632 P.2d 953 (1981).
Nonpublic schools, i.e. schools satisfying attendance recordkeeping requirements and
exempt from taxation, may order instructional materials from the state board. Calif.
Educ. Code §60310.
State Regulation of Private Schools—California
28
Testing
Private schools students do not participate nor may they have access to STAR system.
Special Education
California places students with exceptional needs in a range of settings appropriate to
the individual‘s needs. One option is placement in nonpublic, nonsectarian schools.
Individual education program team members and or parents may request a private
school placement based on the educational needs of the child. Calif. Educ. Code §§
6342, 56365, 56365.5, 56730.6.
Nonpublic, nonsectarian schools are certified by the California Department of
Education. Certification requirements and procedures and statutory guidelines are
administered by the Special Education Division of the California Department of
Education. (See Information Resources for California Web resources, below.) Calif.
Educ. Code §§56365, 56366.
Individuals with disabilities are entitled to full and equal access as other members of
the general public to private schools. Calif. Civ. Code §54.1.
California's Community Mental Health Services publicly place students with serious
emotional disturbances in private schools. Calif. Welf. & Inst. Code §§5852.5, 5864,
5865, 5877.
Private schools serving exceptional need students under a state contract must comply
with state provisions governing the suspension of pupils with previously identified
exceptional needs and the use of behavioral interventions with exceptional need
students. Calif. Educ. Code §48911, 48911.5.
Nursing and Health
Child Abuse Prevention Coordinating Councils funded by the state shall encourage
inclusion of private school representatives. Calif. Welf. & Inst. Code §18982.1.
Technology
County superintendents of schools may enter into agreements with nonpublic private
schools to provide for the use of audiovisual curriculum materials, including
equipment and apparatus. The agreement must provide for an amount of payment
equal to the cost incurred in connection with the handling, loss, destruction, or
damage to the audiovisual curriculum materials. Such agreements may only be
entered into when such materials are not needed by the public schools or the county
superintendent. Calif. Educ. Code §1251.
Professional Development
State agencies have the authority to enter into vocational education contracts with
approved private schools to provide training and retraining programs for students.
Calif. Educ. Code §§8090-92.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
State Regulation of Private Schools—California
29
Tax Exemption
The state legislature has provided that property used exclusively for school purposes
of less than collegiate grade is exempt from taxation if the school meets certain
requirements. Calif. Rev. & T. Code §214.
Tax exempt status for parochial K–12 schools under §214 is constitutional since a
nonprofit school has a charitable purpose. Lundberg v. County of Alameda, 298 P.2d
1 (1956).
The California legislature may exempt property used exclusively for religious
purposes and held by a nonprofit corporation from property tax under the California
Constitution. California Constitution, Art. XIII. Section 4. Church-related schools
may be required to file factual statements to qualify for the exemption. 62 Ops. Att.
Gen. 690, 11-9-79.
Private schools and nonprofit parent-teacher associations are "consumers" rather than
"retailers" for sales tax purposes with respect to 1) yearbooks and catalogs prepared
for distribution to students by the school and 2) tangible personal property sold by the
parent-teacher organization if the profits are used exclusively for the organization.
Calif. Rev. & T. Code §6361.5, 6370.
School meals provided to students by private schools are exempt from sales tax. The
exemption does not apply if the food is sold for consumption within a place subject to
an admission charge, except for national and state parks and monuments. Calif. Rev.
& T. Code §6363.
Private schools are exempt from state park fees for school field trips arranged through
the Department of Parks and Monuments. The exemption extends to pupils K–12,
their escorts, teachers, supervisory personnel, and bus drivers. (Hearst San Simeon
State Historic Monument excluded.) Calif. Pub. Res. Code §5010.2.
Public Aid for Private Education
Constitutional provisions: The California Constitution prohibits the appropriation
of public money for the support of sectarian or denominational schools or any other
school not under the exclusive control of the officers of the public schools. California
Constitution, Art. IX. Section 8.
In addition, Art. XVI. Section 5. prohibits any public support for a school controlled
by any religious creed, church, or sectarian denomination, including any grant of
personal property or real estate.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
California parents have access to three approaches to schooling their children at
home: public school independent or home-based study programs; public charter
independent study schools; and homeschooling under the Private School Affidavit.
The first option: Public school home-based or independent study programs require
enrollment in public school and use the public school curriculum. If this option is
selected, then the child is considered a public school student and subject to the rules
and policies of the public school, including participation in State testing. Calif. Educ.
Code §51745.
State Regulation of Private Schools—California
30
The second option: Parents may also enroll a child in a public charter school that
offers independent study. These California charter schools allow enrollment to
students living either in the county in which the charter school is located or in any
contiguous county. Computer access to curriculum is common; State testing is
required. Calif. Educ. Code §47600 et seq.
The third option: Parents may submit annually the Private School Affidavit. Under
this provision, a child being taught by "persons capable of teaching" is exempt from
compulsory public school attendance, is not enrolled in a public school, and does not
have access to State curriculum, materials or testing. Calif. Educ. Code
§§33190,48222.
A related exemption allows schooling at home without filing the affidavit. Under this
exemption, a child must receive at least three hours of instruction, between the hours
of 8 a.m. and 4 p.m. a day for 175 days each calendar year by a tutor with a clear
California teaching credential, ―in the several branches of study required to be taugh t
in the public schools of this state and in the English language.‖ Calif. Educ. Code
§48224.
A parent or guardian may legally homeschool their child without a teacher
certification in the state of California. On Aug. 8, 2008, the Court of Appeals for the
Second Appellate District in California unanimously reversed their previous decision
made on Feb. 28, 2008, to require parents to possess a teaching certification in order
to provide home instruction.
No California statute requires testing for homeschooled students.
Information resources
California Department of Education: Selected California Education Codes
<http://www.cde.ca.gov/sp/ps/rq/psaffedcode.asp>
California Department of Education: Private School Frequently Asked Questions
<http://www.cde.ca.gov/sp/ps/rq/psfaq.asp>
California Department of Education: Private School Affidavit
<http://www.cde.ca.gov/sp/ps/rq/>
California Law <http://www.leginfo.ca.gov/calaw.html>
California Department of Education
1430 N Street
Sacramento, CA 95814-5901
Phone: 916-319-0800
Fax: 916-319-0100
E-mail: superintendent@cde.ca.gov
Web site: http://www.cde.ca.gov/
U.S. Department of Education, California
Updated December 11, 2008
31
COLORADO
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Colorado State Board of Education does not require private schools to
acquire accreditation, but allows private schools to voluntarily choose to seek
accreditation by one of the state-approved private agencies. C.R.S. 22-2-107.
The Colorado Department of Education (CDE) provides contact information
for some accrediting agencies as a courtesy to those interested in private
schools; however, it does not endorse any particular group or organization.
No requirements for Registration.
Licensing is mandatory.
Nonpublic schools (private, non-state independent and parochial) are
considered to be small businesses in the state of Colorado. School owners
must obtain a license from the secretary of state‘s office to operate. C.R.S. 24-
48.5-101.
Neither the State Board of Education nor any local board of education has
jurisdiction over the internal workings of a nonpublic school since these
schools are considered to be small businesses. However, there are legal
requirements all Colorado schools must follow, including nonpublic schools.
No requirements for Approval.
Teacher Certification
Certification of teachers in private schools is not required. A nonpublic institution
may request the state board to review the content of its teacher preparation program to
determine if it meets the state‘s specifications for licensure endorsement. C.R.S. 22-
2-109.
For employment purposes nonpublic schools may make an inquiry to the Colorado
Department of Education regarding a potential employee‘s past unlawful conduct i.e.
whether an individual has been dismissed or resigned from a school district as a result
of an allegation of unlawful behavior involving a child that was supported by a
preponderance of the evidence. To facilitate the inquiry, the governing board of the
nonpublic school shall require an applicant or employee to submit to the governing
board a complete set of his or her fingerprints taken by a qualified law enforcement
agency or an authorized school employee. C.R.S. 22-1-121.
Length of School Year/Days
Every child who has attained the age of six years on or before August 1 of each year
and is under the age of seventeen years shall attend public school. However,
compulsory school attendance law is satisfied if at an independent, private or
parochial school a child is enrolled for a minimum of one hundred seventy-two (172)
days and is provided with a basic academic education (sequential program of
instruction). C.R.S. 22-33-104.
State Regulations of Private Schools—Colorado
32
Curriculum
The basic academic educational program at the private school shall include, but not
be limited to, communication skills of reading, writing, and speaking, mathematics,
history, civics, literature, and science. C.R.S. 22-33-104 (2)(b).
All teachers in the grade and high schools in the state of Colorado shall be provided
the necessary instruction and information to teach pupils the proper respect of the flag
of the United States, to honor and properly salute the flag, and to properly use the flag
in decorating and displaying. C.R.S. 22-1-106.
It is the duty of each teacher in such schools to see that pupils receive such instruction
and information on the use of the United States flag. C.R.S. 22-1-107.
All public and private schools located within the state of Colorado shall give regular
courses of instruction in the Constitution of the United States. C.R.S. 22-1-108.
Instruction in the constitution of the United States shall begin not later than the
opening of the junior high schools or seventh grade and shall continue through high
school courses. C.R.S. 22-1-109.
Recordkeeping/Reports
Colorado Department of Education (CDE) annually posts on its Web site a nonpublic
schools directory as a courtesy to those interested in private schools. Private schools
can voluntarily submit their contact information to CDE, but are under no obligation
to notify CDE when they open, if their address changes or if they close.
Whenever requested by the board of education of the school district in which the
private school is located, the person or corporation in charge and control of any
school other than a public school shall certify in writing a statement containing the
name, age, place of residence, and number of days of attendance of all children of
school age, during the preceding month, who are or have been attending the school.
C.R.S. 22-1-114.
Private schools are required to maintain a file of the official certificates of
immunization for every enrolled student. The Department of Health may examine,
audit or verify the records of immunizations. C.R.S. 25-4-906(2), (3).
Health& Safety Requirements
The Department of Health is under a duty to establish and enforce sanitary standards
for the operation and maintenance of schools; all schools must meet health standards.
Contact the Consumer Protection Division of the Colorado Department of Public
Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80222; phone:
303-692-3620. NOTE: If a nonpublic school exists in some county other than Denver
County, the county office of the Colorado Department of Health should be contacted.
C.R.S. 25-1-107(1)(m).
Private school students must receive immunizations as specified by the State Board of
Health. Exemptions are allowed based on religious belief, endangerment to life, or
sound medical practice. C.R.S. 24-4-901; 25-4-902; 25-4-904.
Transfer students have 60 days in which to submit an official certificate of
immunization provided by the Department of Health. C.R.S. 25-4-903.
Private schools are obligated to suspend or expel any student failing to obtain the
proper school entry immunizations unless the student is otherwise exempt. Prior to
State Regulations of Private Schools—Colorado
33
suspension or expulsion, the appropriate school authority must give direct personal
notification to the student's parent or guardian, the emancipated student, or the
student eighteen years of age, and inform them of the student's rights. C.R.S. 25-4-
902; 25-4-902.5; 25-4-903 and 25-4-907.
Private and nonpublic school officials have the responsibility of ensuring the
buildings used meet local building codes, zoning requirements, and fire safety
standards. School officials have the responsibility to check with the local city and/or
county on these matters.
Private schools are prohibited from using toxic fire extinguishing agents in any fire
extinguisher device. C.R.S. 9-3-101.
Any person, firm, or organization maintaining any private schools must provide eye
protective devices for the use of all students, teachers, and visitors when participating
in courses, substances and activities dangerous to eyes. C.R.S. 22-3-101.
Private schools providing food services are required to obtain an annual certificate of
inspection for food service establishments. Parochial and private schools are granted
certificates without incurring fees. C.R.S. 12-44-201; 12-44-207(2); 12-44-208.
Private school officials and employees are required to report suspected child abuse or
neglect to the county department or local law enforcement agency. C.R.S. 19-3-304.
Transportation
There is no state policy at this time.
Textbooks
The board of education of a school district has in its discretion to provide library
resources for the benefit of children and the use of teachers to benefit children in the
nonpublic schools out of federal grants made for this purpose. The provision of
resources must be made without discrimination on the basis of race, color, religion,
sex or national origin. C.R.S. 2-32-110(dd).
Testing
A child enrolled in a nonpublic school is not required to take the CSAP, which is the
Colorado Student Assessment Program test. C.R.S. 22-7-409(III).
A nonpublic school shall be permitted to administer the assessments and shall be
provided with the results. The nonpublic school shall be required to pay all costs
associated with administering and providing results for such assessments. C.R.S. 22-
7-409(1.3)(a).
Special Education
The board of education of a school district has in its discretion to provide special
educational services and arrangements for the benefit of educationally deprived
children in the district who attend nonpublic schools out of federal grants designated
for that purpose. The provision of services must be made without discrimination on
the basis of race, color, religion, sex, or national origin. C.R.S. 22-32-110(cc).
Nursing and Health
There is no state policy at this time.
State Regulations of Private Schools—Colorado
34
Technology
There is no state policy at this time.
Professional Development
Teachers, school nurses, or school administrators employed by a nonpublic school
may participate as students in in-service education institutes or curriculum
development programs conducted by school districts or boards of cooperative
services (BOCES). At the discretion of the school district or BOCES such
participants may be required to pay the pro rata share for the cost of participation.
C.R.S. 22-25-108.
Colorado law provides for cooperative ventures in teacher education programs
between public and private schools and institutions of higher education. C.R.S. 22-62-
102.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Real and personal property used solely for religious worship or schools is exempt
from taxation unless otherwise provided by general law. Colorado Constitution, Art.
X, Section 5.
Nonprofit private schools are exempt from real and personal property tax. 8 Colorado
Code Regs. §1304-2.
Public Aid for Private Education
Constitutional provisions: Public aid, i.e. aid from the general assembly, any
county, city, town, township, school district or public corporation, to sectarian
schools is expressly prohibited. Colorado Constitution, Art. IX, Section 7.
The state legislature is expressly prohibited from appropriating money for education
purposes to any person, corporation, or community not under the absolute control of
the state, or to any denominational, or sectarian institution or association. Colorado
Constitution, Art V, Section 34.
The state legislature is expressly prohibited from appropriating money for educational
purposes to any person, corporation, or community not under the absolute control of
the state, or to any denominational, or sectarian institution or association.
Programs for financial assistance for attendance at private schools : There is no
such program at this time.
Homeschooling
Home-based education is a legitimate alternative to classroom attendance for the
instruction of children. It is permissible under Colorado law and is distinguished from
private and nonpublic schools. C.R.S. 22-33-104.5.
The parent or guardian must provide a written notification to the local school district
office 14 days in advance, explaining his or her intent to homeschool. Written
notification is to be given for each child, for each year the program is maintained.
C.R.S. 22-33-104.5.
State Regulations of Private Schools—Colorado
35
All costs of home education are assumed by the parents. C.R.S. 22-33-104.5.
The instructor of a child being homeschooled must be a parent, guardian, or adult
relative. The parent must keep records of attendance, test and evaluation results, and
immunization records. C.R.S. 22-33-104.5.
The nonpublic, home-based educational program must be a minimum of 172 days,
averaging four instructional contact hours per day, and shall include, but not be
limited to, communication skills of reading, writing, and speaking, mathematics,
history, civics, literature, science, and regular courses of instruction in the
Constitution of the United States. C.R.S. 22-33-104.5.
Each child participating in a nonpublic home-based educational program shall be
evaluated when such child reaches grades three, five, seven, nine, and eleven. Each
child shall be given a nationally standardized achievement test to evaluate the child‘s
academic progress, or a qualified person shall evaluate the child‘s academic progress.
Testing is administered at the parent‘s expense. C.R.S. 22-33-104.5.
A district diploma is issued only to students who complete a public education school
program. There is no state diploma issued to home-schooled students; however,
parents may issue a diploma when the student completes the home-based program.
Homeschooled children have the option of taking the GED. C.R.S. 22-33-104.5.
Information resources
Colorado Department of Education - Colorado Non-Public Schools
<http://www.cde.state.co.us/choice/nonpublic_index.htm>
Colorado Department of Education – Colorado Legal Requirements for Non-Public
Schools
< http://www.cde.state.co.us/choice/nonpublic_law.htm>
Colorado Department of Education - Colorado Private School Resources
< http://www.cde.state.co.us/choice/nonpublic_resources.htm>
Colorado Department of Education - Homeschooling
< http://www.cde.state.co.us/cdeedserv/homeschool.htm>
Colorado Revised Statues
<http://www.state.co.us/gov_dir/leg_dir/olls/colorado_revised_statutes.htm>
Colorado Regulations <http://www.cde.state.co.us/index_law.htm>
Colorado School Laws 2008 (book)
To purchase a copy, contact the Deputy Commissioner‘s Office of Learning Service
and Results at (303) 866-6678.
Colorado Department of Education
Schools of Choice Office
201 East Colfax Avenue, Room 300
Denver, CO 80203-1704
Contact: Pahmela Hines
E-mail: hines_p@cde.state.co.us
Phone: 303-866-6771
Fax: 303-866-4739
Web site: http://www.cde.state.co.us/
U.S. Department of Education, Colorado
Updated December24, 2008
36
CONNECTICUT
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Accreditation is required in order to receive state approval.
No requirements for Registration.
No requirements for Licensing.
A private school that is not state approved (that is not accredited by a state
approved accrediting agency) and has students under the age of 5 must obtain
a daycare license from the Department of Public Health.
Approval is optional.
In order to obtain state approval, nonpublic schools must be accredited by a
state approved accrediting agency. Each accrediting agency has its own
criteria for accrediting schools.
Although nonpublic schools may operate in Connecticut without state
approval, nonpublic schools are required to submit an attendance report with
the commissioner of education in order to comply with the compulsory school
attendance law. Conn. Gen. Stat. §10-188.
By filing an attendance form in accordance with Conn. Gen. Stat. §10-188, the
private school is considered ―recognized‖ as a private school in Connecticut.
Teacher Certification
Although teaching certificates are not required for nonpublic school teachers, teachers
at nonpublic schools approved by the State Board of Education may obtain
Provisional and Professional Educator Certificates. Conn. Gen. Stat. §10-145b.
Length of School Year/Days
There is no state requirement for private schools‘ length of the school year.
Curriculum
Connecticut parents have the duty to instruct their children or cause them to be
instructed in reading, writing, spelling, English grammar, geography, arithmetic, and
United States history and citizenship. Instruction may occur outside the public school
if the parent or person having control of the child is able to show that "the child is
elsewhere receiving equivalent instruction in the studies taught in the public schools."
Conn. Gen. Stat. §10-184.
Private elementary and high schools, whose property is tax exempt, must provide
instruction in United States history, government, and the duties and responsibilities of
citizenship. Graduation from such schools is contingent on familiarity with these
subjects. The state board of education will make available samples of appropriate
educational materials. Conn. Gen. Stat. §10-18.
The English language is to be the medium of instruction in private elementary schools
except in bilingual or bicultural programs for pupils who by reason of foreign birth,
State Regulation of Private Schools—Connecticut
37
ancestry or otherwise, experience difficulty in reading and understanding English.
Conn. Gen. Stat. §10-17.
Private schools may with the approval of the state board of education establish
bilingual and bicultural programs of study in which language other than English are
predominately spoken to enable children to become efficient in English. Conn. Gen.
Stat. §10-17a.
Private secondary schools may contract with licensed driving schools approved by the
commissioner of motor vehicles for behind-the-wheel instruction in driver education
programs. Conn. Gen. Stat. §14-36f.
Recordkeeping/Reports
Private schools must file student attendance reports and "such reports and returns
concerning the school . . . as are required from boards of education concerning the
public schools. . . ." No report concerning finances is required. Conn. Gen. Stat. §10-
188.
Nonpublic schools must implement a policy for reporting complaints related to school
transportation safety and maintain a written record of complaints received. Within 30
days after the end of the school year nonpublic schools must provide a copy of the
written record of complaints to the commissioner of motor vehicles. Nonpublic
schools must also make written reports to the commissioner of any accident involving
a motor vehicle and a student pedestrian near a designated school bus stop within 10
days of the incident. Conn. Gen. Stat. §10-221c.
Noncustodial parents have a right to student academic records unless otherwise
ordered by the court. Conn. Gen. Stat. §46b-56(e).
Health and Safety Requirements
Children enrolled in nonpublic schools must be protected by adequate immunizations
against diphtheria, pertussis, tetanus, polioneyelitis, measles, mumps, rubella, and
hemophilus influenza and any other vaccine required by the schedule for active
immunization adopted pursuant to section 19a–7f before being permitted to enroll in
any program operated by the nonpublic school. Certain exemptions apply, e.g. a child
whose parents object to immunizations on religious grounds is exempt. Conn. Gen.
Stat. §10-204a.
A school nurse, other licensed nurse, principal or teacher of a school may administer
medicine to any student in accordance with the written order of a licensed physician
or dentist and the written authorization of the child's parent or guardian. Conn. Gen.
Stat. §10-212a.
Every private and parochial school must maintain toilet accommodations, water
supply drinking cups, washing facilities, heating, lighting and ventilation in sanitary
condition. Public Health Code Regulation §19-13-830.
Communications made by a student to a professional employee at a nonpublic
primary or secondary school concerning alcohol or drug abuse is privileged
communication if the employee chooses to make it so. An employee who acts in good
faith is immune from any criminal or civil liability. Conn. Gen. Stat. §10-154a.
Buildings and facilities of public service are required to be inspected by the local fire
marshal at least once a year and as necessary. Conn. Gen. Stat. §29-305.
State Regulation of Private Schools—Connecticut
38
Each story above the first story of a schoolhouse building must have at least two
remote means of free and unobstructed egress by enclosed stairways, properly
segregated from the corridors at all floor levels, or approved fire escapes outside.
Stairways, fire escapes and passageways must be constructed and maintained in
accordance with the fire safety regulations. New school buildings, conversions, and
additions to school buildings must be made in conformity with the fire safety code.
Conn. Gen. Stat. §29-389.
No person shall apply a lawn care pesticide on the grounds of any public or private
preschool or public or private elementary school, except pursuant to an integrated
pest management plan consistent with the model pest control management plan
developed by the commissioner of environmental protection or to eliminate a threat to
human health as determined by the local health director, the commissioner of public
health, or the commissioner of environmental protection. Conn. Gen. Stat. §10-231b;
§ 22a-66l.
Nonpublic school teachers, principals, and guidance counselors are required to report
suspected child abuse. If a school employee is suspected of the abuse, the supervisory
agent of the nonpublic school is responsible for notifying the parents and making the
necessary report with the appropriate authorities. Conviction of abuse may lead to
revocation of an individual's teacher certification. Conn. Gen. Stat. §17a-10(b), (c),
(f).
All private elementary and secondary schools must comply with state regulations
concerning eye protection devices in laboratories and workshops. Conn. Gen. Stat.
§§10-214a-1 through 10-214a-3.
Connecticut law outlines when physical force, otherwise criminal, is justifiable when
exercised by a teacher or other person entrusted with the care and supervision of a
minor for school purposes. For example, a teacher's physical force is justifiable to
protect him- or herself or others from immediate physical injury or to obtain
possession of a dangerous instrument but not to merely maintain discipline. Conn.
Gen. Stat. §17a-101.
Professional employees of a nonpublic school are required to turn over physical
evidence indicating a crime has been or is being committed to school officials or law
enforcement officials. The employee is not required to disclose the name of the
student from whom the evidence was obtained. Conn. Gen. Stat. §10-154a.
Transportation
When a majority of students attending a nonpublic school are residents of
Connecticut, the municipality or school district must provide the nonpublic school
students the same transportation services provided to K-12 students attending public
schools. Conn. Gen. Stat. 10-281. Transportation services for pupils attending private
schools outside the school district is optional. Conn. Gen. Stat. §§10-280a; 10-277.
See Recordkeeping/Reports.
Textbooks
Connecticut law permits local or regional boards of education to loan textbooks to
students attending nonpublic schools within the district. Parents or guardians or
State Regulation of Private Schools—Connecticut
39
nonpublic school students may borrow textbooks currently in use in the public school
free of charge. Conn. Gen. Stat. §10-228a.
Testing
Testing is not required for students attending nonpublic schools.
Special Education
Local boards of education publicly places children with special education needs in
approved private schools when the educational needs of the child cannot be met by
public school arrangements. Conn. Gen. Stat. §10-76d(d), (g); § 10-76b(a). The local
or regional boards of education also provide transportation to and from the residence
of the special needs child. Conn. Gen. Stat. §10-76d(e).
Nursing and Health
Nonpublic schools may participate in the school breakfast, lunch, and other feeding
programs as regulated by the state board of education and governed by federal laws.
Conn. Gen. Stat. §10-215a and b.
Nonpublic school students are eligible for health services that are currently offered to
public school students by the local district. "Health services" include the services of a
school physician, school nurse, and dental hygienist. Conn. Gen. Stat. §10-217a.
Technology
There is no state policy at this time.
Professional Development
All Connecticut educators are eligible to participate in programs of professional
development offered by the Connecticut Department of Education in cooperation with
the regional education service centers. Participation fees are charged. Conn. Gen.
Stat. §10-220a(c).
Certified teachers at private special education facilities approved by the commissioner
of education may receive training to supervise, train, and evaluate student teachers
and serve as mentors for beginning teachers. Conn. Gen. Stat. §10-220a(d).
Nonpublic schools may participate in the programs and services offered by the
regional education centers. Conn. Gen. Stat. §10-66d.
Nonpublic schools pay a prorated share of the costs of any program or service to
which they subscribe. Conn. Gen. Stat. §10-66e.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Information is not available.
State Regulation of Private Schools—Connecticut
40
Public Aid for Private Education
Constitutional provisions: The "School Fund," established to provide a perpetual
fund for the support of public schools, cannot be diverted to any other use.
Connecticut Constitution, Art. 8, Sec. 4.
Municipalities may lend money to nonpublic schools located within the municipality
for the construction or renovation of physical facilities used exclusively for
educational purposes. Conn. Gen. Stat. §§7-121a; 10-289f.
Private high schools receiving state funds must provide the same directory
information and on-campus recruiting opportunities to representatives of the national
armed forces and state armed services as offered to nonmilitary recruiters or
commercial concerns. Governing boards of these private schools must establish a
written uniform policy for the treatment of all recruiters. Conn. Gen. Stat. §10-221b.
Programs for financial assistance for attendance at private schools:
Connecticut passed a demonstration scholarship program to provide parents or
guardians an opportunity to enroll their children in public or private schools in 1972.
Participating schools needed to meet all educational, fiscal, health and safety
standards required by law and other specified criteria including nondiscrimination
based on race, color or economic status. Conn. Gen. Stat. §10-239a-b. However, the
initiative was never funded.
Homeschooling
Connecticut places the duty to instruct a child or cause him to be instructed on the
parents Conn. Gen. Stat. §10-184.
The State Board of Education acknowledges the right of parents to instruct their
children at home as an alternative to public school attendance, and advises local and
regional boards of education where such child would otherwise be attending public
school to acknowledge home instruction when the parent or person having control of
a child between the ages of seven and 16 is able to show that the child is receiving
equivalent instruction in the studies taught in the public schools. Conn. Gen. Stat.
§10-184.
Local boards must determine whether or not such a child is receiving equivalent
instruction as required under Conn. Gen. Stat. §10-220.
In making the decision as to whether or not the child is receiving equivalent
instruction, it is recommended that the local board of education adopt board policies
that require the following procedures: The parent should file within 10 days of
beginning home instruction and for each subsequent year, a notice of intent to
homeschool. A complete notice of intent provides basic program information
including name of teacher, subjects to be taught, days of instruction, and teacher‘s
methods of assessment. By filing the notice of intent, the parent assumes the full
responsibility for the education of their child. An annual portfolio review will be held
with parents and school officials to determine if instruction in the required courses
has been given. Connecticut State Department of Education, ―Revised Procedures
Concerning Requests From Parents to Educate Their Child at Home,‖ 1990.
State Regulation of Private Schools—Connecticut
41
Information resources
Connecticut State Department of Education: Private Schools
<http://www.sde.ct.gov/sde/cwp/view.asp?a=2683&q=320342>
Connecticut State Department of Education: Procedures for Application as an
Approved Nonpublic School
<http://www.sde.ct.gov/sde/cwp/view.asp?a=2683&Q=321764>
Connecticut General Statues
Title 10, Education and Culture <http://www.cga.ct.gov/2007/pub/Title10.htm>
Connecticut State Department of Education
State Office Building
165 Capitol Avenue
Hartford, CT 06106-1630
Phone: 860-713-6548
Toll-Free: 800-465-4014
Fax: 860-713-7001
Web site: http://www.sde.ct.gov/
U.S. Department of Education, Connecticut
Updated November 28, 2008
42
DELAWARE
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is mandatory.
All nonpublic schools must register with the state. Del. Code Ann., Title 14,
§2704.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is optional. The Delaware Department of Education has the
authority to implement a ―voluntary licensing and certification‖ system for nonpublic
school teachers, specialists, and administers. Del. Code Ann., Title 14, §121(b).
Length of School Year/Days
There is no state requirement for nonpublic schools‘ length of school year.
Curriculum
Under the Compulsory Education Statute, nonpublic schools must provide regular
and thorough instruction in the subjects prescribed for the public schools of the state.
Del. Code Ann., Title 14, §2703(a).
Delaware requires all nonpublic schools to provide regular courses in the United
States Constitution, the Delaware Constitution and government, and the free
enterprise system in grades eight through high school. The extent and content of
courses is determined by the State Board of Education. Del. Code Ann., Title 14,
§4103.
Delaware provides driver education instruction for students attending nonpublic high
schools. The State Department of Education, with the consent of the State Board of
Education, regulates and supervises the program including the qualifications of
drivers education teachers, their salary, and school assignments. Del. Code Ann., Title
14, §127.
The governor may request private schools to observe Arbor and Bird Day as designed
to advance the study of Arbor culture, the spirit of protection to birds and trees and
appreciation for them. Del. Code Ann., Title 29, §4107.
Recordkeeping/Reports
Disclosure of student records to non-school personnel is prohibited except in limited
circumstances e.g. as required by law upon request of the pupil if over 14 years of age
for the purpose of transfer, or at the request of the parent or guardian. Standard
release forms may be prescribed by the Department of Public Instruction. Del. Code
Ann., Title 14, §4111.
State Regulation of Private Schools—Delaware
43
Nonpublic schools are required to report their enrollment, age of pupils and
attendance to the State Board of Education annually before July 31. In addition,
private schools must submit annually a statement of enrollment as of the last day in
September on forms prescribed by the State Board of Education. Del. Code Ann.,
Title 14, §2704.
Nonpublic schools are required to maintain records as required by the child labor
laws. Del. Code Ann., Title 14, §3506.
Health and Safety Requirements
All private schools are required to have at least one fire drill each month when school
is in session and to keep all doors and exits unlocked during school hours. The State
Fire Marshal, or his deputies, must inspect all schools as to fire exits and reasonable
safety standards. Del. Code Ann., Title 16, §6607(d)(e).
Private schools must set dates for fingerprinting students (grades K–9) and provide
school facilities and personnel. The superintendent of state police will provide
training for volunteers who are nominated to assist by the private schools for this
purpose. Private school officials must notify parents or guardians of the date set for
fingerprinting. Only pupils with signed authorization by parents or guardians may
participate. Private schools must cooperate in setting up the program, but the
fingerprinting of students is not mandated. Del. Code Ann., Title 11, §8526.
Eye protection devices must be used in private schools by teachers, students,
employees, and visitors for activities taking place in eye protection areas, i.e.
industrial arts classes, etc. Del. Code Ann., Title 14, §§8301, 8302.
Transportation
The Delaware Constitution expressly allows the General Assembly to provide
transportation for students of nonpublic, nonprofit elementary and high schools.
Delaware Constitution, Art X, §5.
The State Board of Education is charged with regulating nonpublic school
transportation as public school transportation and limited to within the described
boundaries of a public school district. Del. Code Ann., Title 14, §2905.
Parochial and private school buses must be inspected twice yearly to determine if
they are safe, fit for operation and properly equipped in accordance with regulations
adopted by the Department of Motor Vehicles. Del. Code Ann., Title 21, §2145.
Parochial and private schools may not permit any person to drive a school bus within
the state without a valid school bus driver's license. Del. Code Ann., Title 21,
§2708(a).
Textbooks
There is no state policy at this time.
Testing
There is no state policy at this time.
State Regulation of Private Schools—Delaware
44
Special Education
The Delaware State Department of Education, with the consent of the State Board of
Education, promulgates rules providing for the placement of "exceptional persons,"
i.e. "handicapped or gifted persons" in private schools. Del. Code Ann., Title 14,
§§3101, 3110(b).
The Mental Hygiene Clinic Department of Health and Social Services will examine
private school children who are 2 or more years retarded when requested by the
executive head of the school. Del. Code Ann., Title 16, §5142(a).
Nursing and Health
There is not an explicit law or regulation requiring a private school to have a school
nurse. Title 24, Chapter 19, Section 1921 refers to ―Educators who assist students
with medications that are self-administered during school field trips that have
completed a Board of Nursing approved training course developed by the Delaware
Department of Education.‖ The corresponding regulation is 14 DE Admin. Code 817.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
All real or personal property used for school purposes where the tuition is free shall
be exempt from taxation and assessment for public purposes. Delaware Constitution,
Art X, §3.
Public Aid for Private Education
Constitutional provisions: No state funds raised for educational purposes can be
used to aid any sectarian, church or denominational school. Delaware Constitution,
Art X, §3.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
A homeschool is defined as a nonpublic school. Delaware Code lists three types of
homeschools: ―mutli-family homeschool,‖ ―single family homeschool,‖ and ―single
family homeschool coordinated with the local school district.‖ A child who is
homeschooled in affiliation with a homeschool association or organization registered
with the Department of Education complies with the compulsory attendance laws of
the Delaware. Del. Code Ann., Title 14, §2703.
All persons conducting private schools and/or homeschools shall report to the
Department of Education the attendance on or before July 31 of each year. All
State Regulation of Private Schools—Delaware
45
persons conducting private schools or homeschools must also submit a statement
annually of enrollment on the last school day in September on such forms and in such
manner as may be prescribed by the Department of Education. Del. Code Ann., Title
14, §2704.
Information resources
Delaware Department of Education: Nonpublic School Information
<http://www.doe.state.de.us/Nonpublicwebpages/npindex.shtml>
Delaware Department of Education: Nonpublic School Information Forms
<http://www.doe.state.de.us/Nonpublicwebpages/formspage.shtml>
Delaware Code
Title 14 Education <http://delcode.delaware.gov/title14/index.shtml#TopOfPage>
Delaware Department of Education
Suite Two
401 Federal Street
Dover, DE 19901-3639
Phone: 302-735-4000
Fax: 302-739-4654
Web site: http://www.doe.state.de.us/
U.S. Department of Education, Delaware
Updated November 25, 2008
46
DISTRICT OF COLUMBIA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Institutions that submit proof of accreditation or that they are undergoing the
process of accreditation by an accrediting body approved by the board will be
deemed to have presented satisfactory evidence that the amount of instruction,
character of instruction, qualifications of staff and other conditions, such as
class size, facilities, counseling services, and attendance record-keeping are
acceptable to the Board. D.C. Municipal Regulations 2100.3.
No requirements for Registration.
No requirements for Licensing.
Approval is mandatory.
The District of Columbia Board of Education is responsible for establishing
requirements to govern acceptable credit for studies at independent or private
schools. D.C. Code Ann. 38-202(d).
Schools must provide satisfactory evidence to the superintendent of schools
that the amount of instruction, character of instruction, qualifications of staff
and other conditions, such as class size, facilities, counseling services, and
attendance record-keeping are acceptable to the Board. D.C. Municipal
Regulations 2100.2.
The parochial nature of an educational institution or sectarian nature of
instruction cannot be a factor for the board's determination. D.C. Municipal
Regulations 2100.5.
Teacher Certification
A District of Columbia teaching certificate is not required. Schools must provide
satisfactory evidence to the superintendent of schools that the qualifications of staff,
i.e. the training and educational requirements for teaching and supervisory staff, are
acceptable to the Board. D.C. Regulations 2100.2.
Length of School Year/Days
Schools must provide satisfactory evidence to the superintendent of schools that the
amount of instruction, i.e. the number of hours per day, days per week, and weeks per
year, is acceptable to the Board. The instruction need not be given at the same time as
the equivalent D.C. Public School program. D.C. Regulations 2100.2.
Curriculum
Schools must provide satisfactory evidence to the Superintendent of Schools that the
character of instruction includes acceptable subject matter and time devoted to the
subjects. D.C. Municipal Regulations 2100.2.
State Regulation of Private Schools—District of Columbia
47
Recordkeeping/Reports
School approval for attendance purpose is contingent on the maintenance and
submission of attendance records to the D.C. Board of Education. D.C. Municipal
Regulations 2100.6.
Independent, private or parochial school teachers must keep an accurate daily record
of attendance of all enrolled students legally required to attend school. These records
must be open for inspection at all times by persons authorized to enforce the District's
compulsory school attendance law. D.C. Code Ann. 38-203.
Principals have a duty to report to the District of Columbia Board of Education a
student's absence for more than two full-day sessions or four half-day sessions in any
school month and the reasons for the absence. D.C. Code Ann. 38-203.
Principals must report to the Board of Education the name, address, sex, and date of
birth of each minor who resides permanently or temporarily in the District who
transfers between schools or who enrolls in or withdraws from his or her school. D.C.
Code Ann. 38-205.
Anyone who willfully neglects or refuses to provide information regarding
attendance, absence, and enrollment records, or knowingly makes any false statement,
is guilty of a misdemeanor. D.C. Code Ann.38-206.
Elementary and secondary private schools must maintain health files for each student.
Each file must contain all health-related documents, including the certificates of
health and dental-health. D.C. Code Ann.38-607. See Health and Safety
Requirements.
Private schools, and their employees are neither civilly or criminally liable for failing
to recognize or communicate the need for medical treatment based on the information
contained in the student's health file. D.C. Code Ann.38-609.
Health and Safety Requirements
Private school students are required to submit certificates of health at the pre-
kindergarten, 1st, 2nd, 3rd, 5th, 7th, 9th, and 11th grades. The certificates of health
must be signed by a physician or nurse practitioner upon examination not more than
150 calendar days before the first day of school. In addition, the mayor establishes
requirements for periodic dental examinations and the submission of certificates of
dental health. No student will be excluded from school for failure to submit a
certificate. D.C. Code Ann.38-602(a).
The mayor is responsible for developing and providing the standard forms for
certificates of health and dental health. D.C. Code Ann.38-602(c).
If physical or dental examinations violate the established tenets and practices of a
parent's or guardian's or student's church or religious denomination, then certificates
of health shall not be required of the student upon receipt of a written notarized
statement to that effect. D.C. Code Ann.38-603.
The District's criminal code gives a mandatory sentence of 1–10 years for any male
over 21 serving as a superintendent, tutor, or teacher at a private school who engages
in sexual intercourse with consent with a female student who is under 21 years old.
D.C. Code Ann.22-3002.
State Regulation of Private Schools—District of Columbia
48
Transportation
The Mayor may enter into agreements with the Washington Metropolitan Area
Transit Authority to provide transportation at reduced fares for students traveling to
private and parochial schools and related educational activities in the District. D.C.
Code Ann.35-232.
The reduced fare is one-half of the peak bus/rail fare. D.C. Code Ann 35-233.
Textbooks
Textbooks services are not provided to students attending private schools. Textbooks
are issued to free of charge to students attending public elementary and secondary
schools. D.C. Code Ann.38-701(a).
Testing
There is no state policy at this time.
Special Education
DCPS shall be responsible for the placement and funding of a student with a
disability in a nonpublic special education school or program when: DCPS cannot
implement the student's IEP or provide an appropriate placement in conformity with
DCPS rules, the IDEA, and any other applicable laws or regulations; and the
nonpublic special education school or program to which the student has been referred:
is approved by the SEA in accordance with D.C. Code Ann. 38-2561.07; can
implement the student's IEP; and represents the least restrictive environment for the
student. D.C. Code Ann.38-2561.03(a).
The ayor, or his or her designee, shall administer and implement a rate-setting process
for the payment of tuition and related services to nonpublic special education schools
and programs that provide special education and related services to students with
disabilities funded by the District of Columbia. D.C. Code Ann.38-2561.12(a).
Nursing and Health
The District's Family and Medical Leave laws apply equally to public school
employees and private school employees. Special provisions are made for individuals
employed in instructional capacities. Private school policies and practices control
restoration of employment determinations. D.C. Code Ann.32-506.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
There is no state policy at this time.
State Regulation of Private Schools—District of Columbia
49
Public Aid for Private Education
Constitutional provisions: "Religious societies" maintaining private schools for
religious purposes are subject to the incorporation statutes set out at D.C. Code Ann.
29-712.
Programs for financial assistance for attendance at private schools: The
Opportunity Scholarship Program, also known as the D.C. School Choice Incentive
Program, provides scholarships to students for attendance at private schools in the
District of Columbia. This is a federally funded program. To be eligible, students
must be from families who reside in the District and whose household income does
not exceed 185 percent of the federal poverty level. If the number of new
scholarships in any year is less than the number of eligible applicants, selection of
recipients follows a lottery method. Priority is given to students attending schools
identified for improvement, corrective action, or restructuring under the Title I of the
No Child Left Behind Act of 2001. The Washington Scholarship Fund (WSF), a local
nonprofit scholarship organization administers the Opportunity Scholarship Program
under a grant from the U.S. Department of Education.
The Omnibus Appropriations Act, 2009 (Public Law 111-8), signed by President
Barack Obama on March 11, 2009, provided $14 million in funding for the D.C.
School Choice Incentive Program. However, the Omnibus Appropriations Act, 2009
also provided that funds shall only be available beyond the 2009–2010 school year
―upon enactment of reauthorization of that program by Congress and the adoption of
legislation by the District of Columbia approving such reauthorization.'' The
Conference Report accompanying the Omnibus Appropriations Act, 2009 clearly
stated that funds should not be used for new scholarships. As of July 2009, Congress
has not authorized continuation of the D.C. School Choice Incentive Program beyond
the 2009–2010 school year.
Homeschooling
There is no specific statute dealing with homeschooling. In 1991, the D.C. school
district drafted a policy that would have required unannounced home visits and
teacher certification, but later D.C. school district personnel rescinded the policy. No
policy, rule, or regulation has been adopted to date. As a result, homeschooling is
considered ―private instruction.‖
Each teacher who gives private instruction shall report to the District of Columbia
Board of Education the name, address, sex, and date of birth of each minor who
resides permanently or temporarily in the District, who transfers between schools, or
who enrolls in or withdraws from his or her school. The District of Columbia Board
of Education has never adopted any rules to implement this statute. Since the report
referred to is to be submitted ―in accordance with the rules adopted by the Board‖ and
since no rules have been adopted, no report is presently required. D.C. Code Ann.38-
205.
Every teacher who gives instruction privately shall keep an accurate daily record of
attendance of all minors. These records shall be open for inspection at all times. D.C.
Code Ann. 38-203.
Standardized testing is not required for homeschool students.
Teacher qualification requirements are not applied to home instruction.
State Regulation of Private Schools—District of Columbia
50
Information resources
District of Columbia: Education Center
<http://educationcenter.dc.gov/ec/site/default.asp>
District of Columbia State Superintendent of Education: Homeschooling
<http://osse.dc.gov/seo/cwp/view,a,1222,q,561620,seoNav,|31195|.asp>
District of Columbia Official Code
<http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=2.0&SP=
DCC-1000&Action=Welcome>
District of Columbia Municipal Regulation
<http://os.dc.gov/os/cwp/view,a,1207,q,522392.asp>
Office of the State Superintendent of Education (District of Columbia)
441 Fourth Street, NW
Washington, DC 20001
Phone: 202-727-6436
Fax: 202-727-7656
E-mail: osse@dc.gov
Web site: http://www.seo.dc.gov/seo/site/default.asp
District of Columbia Public Schools
825 North Capitol Street, NE
Washington, DC 20002
Phone: 202-442-5885
Fax: 202-442-5026
E-mail: ContactDCPS@k12.dc.us
Web site: http://www.k12.dc.us/
U.S. Department of Education: District of Columbia School Choice Incentive
Program <http://www.ed.gov/programs/dcchoice/legislation.html>
U.S. Department of Education, District of Columbia
Updated December 2, 2008
51
FLORIDA
Accreditation/Registration/Licensing/Approval
No requirement for Accreditation.
Registration is mandatory.
All private schools are required to register with the Department of Education.
S. 1002.42, F.S.
No requirement for Licensing.
No requirement for Approval.
Teacher Certification
Teacher certification is not required for instructional personnel in private schools.
However, an owner of a private school may require school employees to file a
complete set of fingerprints with the Department of Law Enforcement for processing
and criminal records checking. Findings from such processing and checking shall be
reported to the owner for use in employment decisions. S. 1002.42(2)(c)3, F.S.
Length of School Year/Days
Attendance at a private school satisfies the compulsory school attendance law if the
child maintains regular attendance during the school term of either 180 actual school
days or a minimum of 170 actual school days and the hourly equivalent of 180 actual
school days, (i.e. Kindergarten, 540 net instructional hours; Grade 1 through 3, 720
net instructional hours; and, Grades 4 through 12, 900 net instructional hours). Rule
6A-1.09512, F.A.C.
Curriculum
The state and local school district do not have the authority to oversee or control the
curriculum or academic programs of private schools or home instruction programs.
S. 1002.42(2)(h), F.S.
Florida regulates biological experiments performed on living subjects conducted in
grades K–12. For example, no dissection may be performed on any living mammalian
vertebrate or bird. Students can be excused upon written request by parent or guardian
from dissection of nonliving mammals or birds. Private schools keeping live animals
on the premises must house in a humane and safe manner. Teachers failing to comply
with these provisions may be disciplined by the school authorities. S. 1003.47, F.S.
Private school students are eligible to participate in Florida‘s Bright Future
Scholarship Program established to reward Florida high school graduates who merit
recognition of high academic achievement. S. 1009.531, F.S.
A private secondary school may participate in athletic competition with public
secondary schools in accordance with S. 1006.20(1) and 1002.42(8), F.S.
52
Recordkeeping/Reports
Parochial, denominational, and private schools must keep a register of student
enrollment and daily attendance in a manner prescribed by the state and open for
inspection by the local superintendent or attendance assistant (S. 1003.23. F.S.). The
register may be used as evidence in a court procedure for the enforcement of the
Florida compulsory education statute. S. 1003.27(5), F.S.
Prior to admission to pre-kindergarten or kindergarten, a private school principal must
require that the child provide evidence of age such as a transcript of the child‘s birth
record or certificate of baptism. S. 1003.21(4), F.S.
An Immunization Annual Report of Compliance must be completed for private
schools that enroll kindergarten or 7th grade students. Private schools may collect the
necessary form (Department of Health Form 684) from Florida county health
departments. S. 1002.42(6) and 1003.22 (8), F.S.
Private schools which become defunct must arrange for the transfer of student records
to the local public school superintendent, or if a member, the principal office of a
private school system or association. Notice of transfer must be given to the
Department of Education. S. 1002.42(3)(b) and (c), F.S.
Private schools serving K–12 students must file a database survey form with the
Florida Department of Education indicating the name of the institution, address,
telephone number, type, administrative officers, enrollment by grade or special group,
number of graduates, number of instructional and administrative personnel, number
of school days, and other data as needed under S. 1002.42(2), F.S.
Health and Safety Requirements
Private schools must require each student, upon his initial entrance into school, to
present a certification of school-entry health examination performed within one year
of enrollment. Students are exempt if parents or guardians object on religious grounds
in a written statement. S. 1002.42(5), F.S.
Prior to admittance to a private school, children must submit a certification of
immunization (Department of Health Form 680) for the prevention of communicable
diseases as required by the Department of Health and Rehabilitative Services,
including immunizations for poliomyelitis, diphtheria, rubeola, rubella, pertussis,
mumps, and tetanus. Private schools must also provide appropriate screening for its
pupils for scoliosis at the proper age. Students are exempt if their parents or guardians
object in writing based on a conflict with religious tenets or practices. S. 1002.42(6),
F.S.
Private schools that prepare food intended for individual portion service must comply
with the minimum sanitation standards promulgated by the Department of Health. S.
381.0072 (1)(b), F.S.
Chief administrative officers of private schools must file a complete set of
fingerprints for state processing and checking for criminal background. The cost must
be borne by the applicant or private school. Persons convicted of crimes involving
moral turpitude are prohibited from owning or operating a private school. The chief
administrative officer may also require school employees to file a complete set of
fingerprints. S. 1002.42(2)(c)1., F.S.
53
Private school teachers, officials, and other personnel, who know or have reasonable
cause to suspect that a child is abused or neglected must report the information to the
Department of Children and Families' central abuse registry and tracking system. S.
39.201, F.S.
Transportation
Private schools operating school buses with a seating capacity of 24 or more pupils
must comply with state requirements outlined in S. 1006 and 316.615(1), F.S.
Private schools operating school buses seating less than 24 students must comply with
state requirements regarding inspections, equipment, liability insurance, and driver
physical examination requirements. S. 316.615(2)(a), F.S.
District school boards may make available, by contract, bus driver training programs
to private school bus drivers. S. 1002.42(14).and 1012.45(4), F.S.
Florida private schools with racially nondiscriminatory student admission policies
may purchase school buses through the state pool purchase program. S.
1002.42(15)(a), F.S.
School crossing guard training programs administered by local government entities
may provide training to private schools by contract. S. 316.75, F.S.
Textbooks
Florida Department of Education is authorized to sell at cost educational materials
and products developed by or under its direction to private schools and the general
public. S. 1002.42(9) and 1006.39(2), F.S.
Local district school boards may give private schools instructional materials when
they become surplus, unserviceable, or no longer on state contact, in accordance with
S.1006.41(1)(a) and 1002.42(10), F.S.
Testing
No statutory requirement for student assessment. The owners of private elementary
and secondary schools in Florida are solely responsible for all aspects of their
educational programs, including student assessment. S. 1002.42(2)(h), F.S.
Special Education
Diagnostic and resource centers are authorized to provide testing and evaluation
services to private school students. S. 1002.42(11) and 1006.03(3), F.S.
The local district school boards may provide instruction for exceptional students
through contractual arrangements with approved private schools at a cost determined
by the board. S. 1002.42(12) and 1003.57(1)(b), F.S. Rule 6A-6.0361, F.A.C.
Nursing and Health
Each county health department shall develop, jointly with the district school board
and the local school health advisory committee, a school health services plan. The
plan must include notification to the local private schools of the school health
services program and the opportunity for representatives of the local private schools
to participate in the development of the cooperative health services plan. A private
school may request to participate in the school health services program. A private
54
school voluntarily participating in the school health services program shall fulfill
certain requirements. S. 381.0056(5)(a)18., and 381.0056(6), F.S.
Technology
There is no state policy at this time.
Professional Development
Private school teachers and administrators may participate in in-service teacher
education programs on comprehensive health education and substance abuse
prevention, provided they assume the prorated share of the cost. S. 1012.985(1)(h)
and 1012.98(6), F.S.
―An organization of private schools that has no fewer than 10 member schools in this
state may develop a professional development system to be filed with the Department
of Education in accordance with the provisions of S. 1012.98(6), F.S.‖ This plan may
be used for extension of a certificate or a new endorsement. S. 1012.585(3)(a) and
1002.42(13), F.S.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Educational institutions, including parochial church or private schools and their
property are exempt from taxation. S. 196.198 and 196.012(5), F.S.
Educational institutions, including church and nonprofit private schools meeting
certain requirements, are also exempt from tax on the sale and use of tangible
personal property, annual and nonrecurring tax on intangible personal property and
local occupational license tax. S. 212.08 and 199.183, F.S.
Motor fuel taxes paid by private schools for operating school buses will be returned to
the schools to be used for transportation related purposes. S. 206.41(4)(e), F.S.
Public Aid for Private Education
Constitutional provisions: "No revenue of the state or any political subdivision or
agency thereof shall ever be taken from the public treasury directly or indirectly in aid
of any church, sect, or religious denomination or in aid of any sectarian institution."
Fla. Const. Art. 1, §3.
Programs for financial assistance for attendance at private schools:
Florida has two such programs.
1) The John M. McKay Scholarships for Students with Disabilities Program was
created in 1999 and provides students with disabilities, for whom an individual
educational plan has been written in accordance with the rules of the State Board of
Education, the option to attend a public school other than the one he or she is
assigned to or a scholarship to attend a participating private school of choice. The
amount of the annual scholarship is the estimated calculation of the amount the
student has generated in the assigned public school, or the private school‘s tuition and
fess, whichever is less. S. 1002.39, F.S.
55
2) The Corporate Tax Credit Scholarship Program was signed into law in 2001. The
Corporate Tax Credit (CTC) Scholarship Program was established to encourage
private, voluntary contributions from corporate donors to non-profit scholarship
funding organizations that award scholarships to children from low-income families.
A corporation can receive a dollar-for-dollar tax credit up to 75 percent of its state
income tax liability, and the maximum the state may award has been increased from
$88 million to $118 million in tax credits for the 2008–09 fiscal year. The CTC
Scholarship Program expands educational opportunities and school choice for
children of families that have limited financial resources.
Homeschooling
Home education is defined as ―the sequentially progressive instruction of a student
directed by his or her parent or guardian, in order to satisfy the requirement for
compulsory attendance as defined in Section 1002.20, F.S.‖ S. 1002.01, F.S.
The parent or legal guardian must notify the superintendent of schools of the county
in which the parent or guardian resides of his or her intent to establish a home
education program. The notice must be in writing, signed by the parent or guardian,
and must include the names, addresses, and birth dates of the children being
homeschooled. The parent or guardian is not required to hold a valid regular Florida
certificate to teach. S. 1002.41(1), F.S.
Home education programs must maintain a portfolio of educational records. Florida
Statute defines a portfolio as ―A log of educational activities which is made
contemporaneously with the instruction and which designates by title any reading
materials used, and samples of any writings, worksheets, workbooks or creative
materials used or developed by the student.‖ The portfolio of education records must
be available for inspection by the superintendent upon a 15-day written notice. S.
1002.41(1)(b), F.S.
Home education programs must provide an annual evaluation of the student's
educational progress to the superintendent. The evaluation must include one of the
following options: a Florida certified teacher evaluation of the child's progress based
on a review of the portfolio and discussion with the student, the student may
participate in a national norm student achievement test administered by a certified
teacher, the student may participate in a state student assessment test at a location and
under testing conditions approved by the school district, the student may be evaluated
by a psychologist holding a valid, active license pursuant to S. 490.003(7) or (8), F.S.,
or the student may be evaluated with any other valid measurement tool as mutually
agreed upon by the parent and the superintendent. S. 1002.41(1)(c), F.S.
The student‘s portfolio must be preserved for a minimum of two years. S.
1002.41(1)(b), F.S.
The requirements of the school day do not apply to home education programs.
If the home education program is closed, the parent or guardian must submit a letter
of termination to the school district superintendent. S. 1002.41(1)(a), F.S.
Information resources
Florida Department of Education: Office of Independent Education and Parental
Choice - Private School Information for Administrators
56
<http://www.floridaschoolchoice.org/Information/Private_Schools/default.asp?which
View=administrator>
Florida Department of Education: Office of Independent Education and Parental
Choice - Home Education
<http://www.floridaschoolchoice.org/information/home_education/>
Florida Department of Education: Office of Independent Education and Parental
Choice – Opportunity Scholarship Program
<http://www.floridaschoolchoice.org/Information/OSP/>
Florida Department of Education: Office of Independent Education and Parental
Choice – McKay Scholarships
<http://www.floridaschoolchoice.org/Information/McKay/>
Florida Department of Education: Office of Independent Education and Parental
Choice – Corporate Tax Credit Scholarship Program
<http://www.floridaschoolchoice.org/Information/ctc/>
Florida Statutes <http://www.flsenate.gov/Statutes/>
Florida Department of Education
Turlington Building
Suite 1514
325 West Gaines Street
Tallahassee, FL 32399-0400
Phone: 850-245-0505
Fax: 850-245-9667
E-mail: commissioner@fldoe.org
Web site: http://www.fldoe.org/
Florida Department of Education
Office of Independent Education and Parental Choice
Turlington Building
Suite 522
325 West Gaines Street
Tallahassee, FL 32399-0400
Phone: 850-245-0502
Fax: 850-245-0868
Web site: http://www.floridaschoolchoice.org
U.S. Department of Education, Florida
Updated December 10, 2008
57
GEORGIA
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
To qualify for participation in the Georgia Special Needs Scholarship (GSNS)
or Georgia Private School Tax Credit programs a private school must be
accredited by a state-approved agency. See Public Aid for Private Education:
Programs, below.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
The Georgia Professional Standards Commission allows for the participation of one
private school teacher from an accredited private school on the 18-member board.
O.C.GA §20-2-983 (b)(1).
Teacher Certification
Teacher certification is not required.
However, a participating private school that enrolls students under the Georgia
Special Needs Scholarship (GSNS) program must employ or contract with teachers
who hold a bachelor‘s degree or higher degree or have at least three years of
experience in education or health. See Public Aid for Private Education: Programs,
below.
Length of School Year/Days
Private schools must provide 180 days of instruction each twelve months, with each
school day consisting of four and one-half school hours. O.C.GA §20-2-690(b)(3),
(d).
Children between their 7th and 16th birthdays excused from attendance at private
schools for sickness, emergencies, or other reasons authorized by board policy for
public schools, are exempt from compulsory attendance. O.C.GA §20-2-693(b).
The local school superintendent will report truants to the appropriate court after
written notice to the parent or guardian. O.C.GA §20-2-701.
Curriculum
Private schools must provide a basic academic educational program that includes
reading, language arts, mathematics, social studies, and science. O.C.GA §20-2-
690(b)(4), (d).
The Georgia Department of Technical and Adult Education is authorized to contract
with private schools to provide program or services deemed necessary. O.C.GA §20-
4-14 (c)(5).
State Regulation of Private Schools—Georgia
58
Recordkeeping/Reports
Private school administrators must report their enrollment to the local public school
superintendent where the student resides within 30 days of the beginning of each
school year. The reports must include the name, age and residence of each student.
Notice must be given monthly of any student's admission or withdrawal from the
school. O.C.GA §20-2-690(b), (5), (d).
The State Board of Education makes available through the local school
superintendent printed forms necessary to comply with the reporting requirements.
The principal administrative officer or his designee is responsible for issuing
employment certificates for students between 12 and 16 years old. The certificate
must verify the true age of the student and the physical fitness of the student to
engage in the particular employment. Students between 16 and 18 years of age also
need a certificate that must be maintained in the minor's school file. O.C.GA §39-2-
11.
Health and Safety Requirements
Private school buildings must meet all health and safety standards established under
state law and local ordinances. O.C.GA §20-2-690(b)(6), (d).
A parent's religious beliefs concerning vaccinations is not a valid excuse for the
parent's failure to have a child vaccinated, preventing a child from attending school.
1950–51 Op. Attorney General p. 47. See also Anderson v. State, 65 S.E.2d 848
(1951).
Loitering on private school property is unlawful. Private school principals have the
authority to exercise control over the school buildings and grounds. Failure to remove
oneself at the request of the principal is a misdemeanor. O.C.GA §20-2-1180.
Georgia's criminal code makes it a felony to manufacture, distribute, dispense, or
possess with intent to distribute a controlled substance or marijuana within 1,000 feet
of a private elementary or secondary school. An affirmative defense lies if the
violation occurred entirely within a private residence, no person 17 or younger was
present, and the conduct was not intended for financial gain. O.C.GA §16-13-32.4(a),
(b), (g).
The commissioner of public safety makes available to the private schools an alcohol
and drug course and instructors where necessary. O.C.GA §20-2-142.b(3).
Private school teachers, administrators, guidance counselors and social workers are
required to report instances of suspected child abuse to the person in charge of the
school or his designee. The person so notified must report the abuse to the designated
child welfare agency, police authority, or district attorney. Persons participating in the
making of a report are immune from any civil or criminal liability if acting in good
faith. O.C.GA §19-7-5(a), (c), (f).
Transportation
The Department of Motor Vehicles and Traffic will furnish without charge to private
schools a driver's record abstract for any current employee or applicant for a school
bus driver position. The employee/applicant must agree in writing to permit the
release. O.C.GA §40-5-2.
State Regulation of Private Schools—Georgia
59
Private schools are required to meet equipment, color, and marking requirements set
out in the Motor Vehicle and Traffic Code. O.C.GA §§40-8-110–112; 40-8-114.
Textbooks
There is no state policy at this time.
Testing
Parents of participating students in Georgia Special Needs Scholarship (GSNS)
program may request participation in state testing opportunities. O.C.GA §20-2-
2114(d).
Special Education
Local school systems may provide special education programs to eligible students by
contracting with qualified private institutions. The State Board of Education will fund
placements in private institutions provided professionals meet the certification or
licensing standards of their profession. O.C.GA §20-2-152(b), (c).
According to the Attorney General's Office, there is no statutory impediment to
providing psychological services to private school children but the degree to be
served is a matter of policy at the discretion of the state and local boards of education.
1976 Office of the Attorney General No. O.C.GA §76-118.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for performing state/local function
There is no state policy at this time.
Tax Exemption
Sales of tangible personal property and services used exclusively for educational
purposes by bona fide private schools that have been approved by tax exemption are
exempt from taxation.
Sales of tangible personal property, concessions or tickets for admission to a school
event or function are tax exempt, provided the net proceeds are used solely for the
benefit of the school or its students.
Public Aid for Private Education
Constitutional provisions: The Georgia Constitution prohibits any money from the
public treasury to be used directly or indirectly in aid of any sectarian institution.
Georgia Constitution Article I, § II, Paragraph VII.
State Regulation of Private Schools—Georgia
60
The Attorney General's Office has interpreted this prohibition to apply to
transportation services, 1945–47 Op. Attorney General p. 222 and to contracts for
goods and services, 1969 Op. Attorney General Number 69-125. Programs wholly
financed by the federal government are lawful even though it contemplates the
provision of library resources, textbooks and instructional materials. 1965–66 Op.
attorney General Number 65-4.
Private schools may sublease buildings or facilities of the Georgia Education
Authority through county or city boards of education. O.C.GA §20-2-553 (a)(5). 1954
Op. Attorney General p. 224.
State and local school funds may not be used for school programs in nonpublic
schools. 1974 Op. Attorney General Number 155.
Programs for financial assistance for attendance at private schools:
Georgia has two such programs.
1) The Georgia Special Needs Scholarship (GSNS) program provides eligible special
education students with the opportunity to attend another public or private school. To
be eligible to enroll a scholarship student, a private school must: Have a physical
location in Georgia where the scholarship students attend classes and are taught by
teachers who are physically present; be an elementary, middle or secondary school
accredited by or in the process of becoming accredited by one of the entities per
O.C.GA §20-2-2112 and O.C.GA §20-3-519; demonstrate fiscal soundness; comply
with the antidiscrimination provisions of 42 U.S.C. Section 2000d; comply with all
health and safety laws or codes that apply to private schools; comply with all
provisions of O.C.GA §20-2-690 and any other state law applicable to private
schools; provide the Georgia Department of Education (GaDOE) with a quarterly
roster of the Special Needs Scholarship students enrolled at their school, in
accordance with GaDOE guidelines; regularly report to the parent and GaDOE on the
student‘s academic progress, including the results of pre-academic and post-academic
assessments given to the student, in accordance with GaDOE guidelines; and employ
or contract with teachers who hold a bachelor‘s degree or higher degree or have at
least three years of experience in education or health and annually provide to the
parents the relevant credentials of the teachers who will be teaching their students.
2) The Georgia Private School Tax Credit law allows eligible private citizens and
corporations to receive tax credits for donations to Georgia Student Scholarship
Organizations (SSOs). SSOs will provide student scholarships to parents that will
help cover the cost of a private school education for their children in the state of
Georgia. Private schools that meet the following criteria are considered qualified:
accredited by a state-approved accreditation agency, physically located in Georgia,
adheres to provisions of the federal Civil Rights Act of 1964, and satisfied the private
school requirements prescribed in Georgia state law.
Homeschooling
Parents or guardians must submit within 30 days after the establishment of a home
student program and by September 1 annually thereafter a declaration of intent to
utilize home study to the superintendent of schools of the local district in which the
home study program is located. O.C.GA §20-2-690.
State Regulation of Private Schools—Georgia
61
The submission must include in the declaration a list of the names and ages of the
students who are enrolled, the address where the home study program is located, and
a statement of the 12-month period being considered the school year for this program.
O.C.GA §20-2-690.
Parents may teach their own children if they hold at least a high school diploma or
GED, but may employ a tutor who holds at least a high school diploma or GED.
O.C.GA §20-2-690.
The home study program must include, but is not limited to, reading, language arts,
mathematics, social studies, and science. O.C.GA §20-2-690.
The home study program must provide instruction each 12 months equivalent to 180
school days that consist of at least four and one-half school hours. O.C.GA §20-2-
690.
Monthly attendance reports must be sent to the local superintendent at the end of each
month. The local school superintendent will, upon request, provide the reporting
forms. O.C.GA §20-2-690.
Students in home study programs must take an appropriate nationally standardized
test administered in consultation with a person specifically trained in administration
and interpretation of norm reference tests, at least every three years beginning at the
end of third grade and the program must retain the results of these tests, although they
are not required to be submitted to the local superintendent. O.C.GA §20-2-690.
The home study program instructor must write an annual progress assessment report
to include the instructor‘s individualized assessment of the student‘s academic
progress in each required subject area and retain the reports for a period of at least
three years. O.C.GA §20-2-690.
Information resources
Georgia Department of Education: State Education Rules
<http://public.doe.k12.ga.us/pea_board.aspx?PageReq=PEABoardRules>
Georgia Department of Education: Georgia Special Needs Scholarship Program
<http://public.doe.k12.ga.us/sb10.aspx>
Georgia Department of Education: Georgia Special Needs Scholarship Program,
Private Schools Responsibilities
<http://public.doe.k12.ga.us/DMGetDocument.aspx/010808%20Georgia%20GSNS%
20Private%20School%20Responsibilities%20to%20post.pdf?p=6CC6799F8C1371F6
8ECD17D75DC08CF5932DC8247A27C58E7299C97D23FFFA52&Type=D>
Georgia Department of Education: Georgia Tax Credit for Private School Costs and
Scholarship Donations
<http://public.doe.k12.ga.us/pea_policy.aspx?PageReq=PEAHB1133>
Georgia Department of Education: Home School
<http://www.doe.k12.ga.us/askdoe.aspx?PageReq=ASKHome>
Georgia Department of Education: Home School Frequently Asked Questions
<http://www.doe.k12.ga.us/askdoe.aspx?PageReq=ASKHSFAQ>
Georgia Department of Education: Home School Resources
<http://www.doe.k12.ga.us/askdoe.aspx?PageReq=ASKHSResources>
Official Code of Georgia
<http://w3.lexis-nexis.com/hottopics/gacode/default.asp>
State Regulation of Private Schools—Georgia
62
Georgia Department of Education: AskDOE
2054 Twin Tower East
205 Jesse Hill Jr. Drive SE
Atlanta, GA 30334
Phone: 404-656-2800
Fax: 404-651-6867
Web site: http://www.doe.k12.ga.us/index.aspx
U.S. Department of Education, Georgia
Updated January 22, 2009
63
HAWAII
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The accreditation standard of approval can be met through accreditation with
the Hawaii Association of Independent Schools (HAIS), the Hawaii Board of
Education‘s accrediting agency designee Western Association of Schools and
Colleges (WASC), and/or other accrediting associations that meet the
requirements established by the Hawaii Council of Private Schools for
accrediting schools offering preschool through grade 12.
Registration is mandatory.
A school shall obtain a charter from the State of Hawaii Department of
Consumer Affairs and an excise tax license.
Licensing is optional.
Although it is not mandatory, licensing is strongly recommended by the state.
The Hawaii Council of Private Schools performs the functions and assumes
the responsibilities of the Hawaii Department of Education (HDOE) for the
licensing of all private schools in Hawaii. Memorandum of Understanding
The Hawaii Council of Private Schools, HDOE, Hawaii Association of
Independent Schools (HAIS), pursuant to Hawaii Sessions Law, ACT 188.
No requirements for Approval.
Teacher Certification
Licensing organization sets teacher certification requirements. Hawaii Council of
Private Schools, ―Standards and Procedures for the Approval of Hawaii Private
Schools.‖ Memorandum of Understanding The Hawaii Council of Private Schools,
HDOE, Hawaii Association of Independent Schools (HAIS), pursuant to Hawaii
Sessions Law, ACT 188.
Schools licensed by the Hawaii Council of Private Schools must meet the following
requirements: ―The administration, faculty, and staff shall be qualified for their
position and responsibilities by education and/or experience. While it is the
responsibility of the head of the school to determine the school's needs and the
qualifications needed in personnel, regular teachers, not working exclusively under
the direct supervision of another faculty member, shall be expected to have at least a
baccalaureate degree from an established college or university, or a professional
certificate from a national or state teacher certification agency, or some other means
of indicating the talents and/or skills (such as technological, foreign language
competency) for their position. In general, there should be a preference for faculty
with degrees from established colleges or universities.‖ Hawaii Council of Private
Schools, ―Standards and Procedures for the Approval of Hawaii Private Schools,
1996.‖
State Regulation of Private Schools—Hawaii
64
Length of School Year/Days
Licensing organization sets length of school year or day requirements. Hawaii
Council of Private Schools, ―Standards and Procedures for the Approval of Hawaii
Private Schools.‖ Memorandum of Understanding The Hawaii Council of Private
Schools, HDOE, Hawaii Association of Independent Schools (HAIS), pursuant to
Hawaii Sessions Law, ACT 188.
The length of the school day and the length of the school year shall be determined by
the private school in accord with its stated mission, provided that the amount of
instruction offered is at least 880 hours in a given school year. Hawaii Council of
Private Schools, ―Standards and Procedures for the Approval of Hawaii Private
Schools, 1996.‖
Curriculum
Licensing organization sets the curriculum requirements. Hawaii Council of Private
Schools, ―Standards and Procedures for the Approval of Hawaii Private Schools.‖
Memorandum of Understanding The Hawaii Council of Private Schools, HDOE,
Hawaii Association of Independent Schools (HAIS), pursuant to Hawaii Sessions
Law, ACT 188.
Schools licensed by the Hawaii Council of Private Schools must meet the following
requirements: ―The curriculum for each private school shall include a cumulative and
sequential educational program which provides a range of knowledge and skills
necessary for success at the next appropriate level of education or work, and which
takes into account the unique interests, needs, and abilities of each student. Unless the
school exclusively serves students with special needs or disabilities, the program shall
include such areas as reading, writing, speech, mathematics, social studies, science,
art, music, and health and physical education, to be offered at the appropriate
developmental state of each individual‖. Hawaii Council of Private Schools,
―Standards and Procedures for the Approval of Hawaii Private Schools, 1996.‖
Recordkeeping/Reports
As the licensing entity, the Hawaii Council of Private Schools is responsible for the
publication of an annual directory of licensed private schools, annual enrollment
report, keeping of permanent records for all schools, and handling of complaints.
―The Hawaii Council of Private Schools will require the submission of an annual
report from approved schools reporting on enrollment and other data required to
maintain a database for the private school community. Every effort will be made to
avoid duplication of effort by the school with respect to other reporting requirements
of the school by other organizations.‖ Hawaii Council of Private Schools, ―Standards
and Procedures for the Approval of Hawaii Private Schools, 1996.‖
Health and Safety Requirements
No person who has contracted tuberculosis shall, while afflicted with the disease, be
allowed to teach in any public or private school. HRS §302A-612.
Each student must present a report of a physical examination, a certificate of
tuberculosis examination, and a record of immunizations before first attending school.
A student who has not completed the physical exam or all of the required
State Regulation of Private Schools—Hawaii
65
immunizations may attend school on a provisional basis only with written
documentation showing that appointments have been made to complete the missing
requirements. HRS §11-157-6.1.
Private school employees and officers have a duty to report suspected child abuse or
neglect that is based upon a reasonable belief. Individuals should immediately make
their reports orally to the Department of Social Services or to the police department.
HRS §350-1.1.
Private schools are required to conduct criminal history record checks on all new
employees hired after July 1, 2000, for positions that place the employee in close
proximity to children. This includes nonteaching staff who work in close proximity
to children. HRS §302-C1.
Schools licensed by the Hawaii Council of Private Schools must meet the following
requirements: ―The school shall maintain physical facilities, playgrounds, equipment
and materials of sufficient quality and quantity to support the program of the school.
The school shall comply with applicable health, fire, safety, and sanitary standards.‖
Hawaii Council of Private Schools, ―Standards and Procedures for the Approval of
Hawaii Private Schools, 1996.‖
Transportation
―The department of transportation shall grant exemptions for the use of ve hicles other
than school vehicles when the department finds that compliance with this section is:
1) Impractical due to the unavailability of school vehicles; or 2) Impractical due to
economic factors.‖ Exemptions are granted to ―1) a board of independent schools,
which is registered with the Department of Commerce and Consumer Affairs (Hawaii
Association of Independent Schools), to administer to private schools utilizing criteria
developed by the Departments of Transportation and Education at the end of each
school year on the extent to which these exemptions were utilized; 2) only for the
transport of pupils to and from school functions or school-related activities but not for
transportation to and from a school; 3) only when each pupil being transported has
obtained a written statement from the pupil's parent or legal guardian waiving the
State's liability; and 4) in accordance with the procedures and criteria established by
rules of the Department of Transportation.‖ HRS §286-181.
―The Department of Transportation may grant exemptions for the use of vehicles
other than school vehicles for the transportation of students requiring special
education and services when the Department finds that compliance with this section is
impossible or impractical.‖ HRS §286-181.
Textbooks
There is no state policy at this time.
Testing
Private schools determine their own assessment policies.
Special Education
The development of the Private School Participation Project is mandated by
Individuals with Disabilities Education Act (IDEA) and Chapter 56 of the Hawaii
State Regulation of Private Schools—Hawaii
66
Administrative Rules. See Hawaii Department of Education Web site at
http://doe.k12.hi.us/specialeducation/sped_in_privateschools.htm.
There are students enrolled by their parents in private schools who are disabled and
eligible to receive special education services. These private school students were
determined to be eligible for special education services based on the Department of
Education (DOE) evaluation and offered a free appropriate public education (FAPE).
Some parents decline the offer of FAPE and elect to place their child in a private
school. When parents place their child in a private school, their child no longer has
the same rights as students attending public schools. No private school student with a
disability has an individual right to receive some or all of the special education and
related services that the student would receive if enrolled in a public school. See
Hawaii Department of Education Web site at
http://doe.k12.hi.us/specialeducation/sped_in_privateschools.htm.
However, the DOE is obligated to use some federal funds to meet the needs of
students with disabilities who are enrolled in a private school by their parents. The
services can be a different amount compared to students in the public schools. To
meet the needs of this group of students the Private School Participation Project is
developed. See Hawaii Department of Education Web site at
http://doe.k12.hi.us/specialeducation/sped_in_privateschools.htm.
On an annual basis the DOE surveys representatives of these students (schools and
parents) and reviews statewide evaluation data. Based on the information received,
the DOE determines which group of students has the greatest special education needs.
Taking into consideration the needs of this group, the project is developed to address
the following: which students receive services, types of services to be provided; and
where services are to be provided. See Hawaii Department of Education Web site at
http://doe.k12.hi.us/specialeducation/sped_in_privateschools.htm.
Federal and state law requires that the DOE annually update the Private School
Participation Project to meet the current needs of students who have been voluntarily
placed by their parents in private schools. Therefore, it must not be assumed that a
student who received services during one school year can automatically receive
services the following year. See Hawaii Department of Education Web site at
http://doe.k12.hi.us/specialeducation/sped_in_privateschools.htm.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
State Regulation of Private Schools—Hawaii
67
Tax Exemption
The State of Hawaii honors the federal tax-exempt status of schools, but does not
have a state policy.
Public Aid for Private Education
Constitutional provisions: The Hawaiian Constitution prohibits the appropriation of
public funds for the support or benefit of any sectarian or private educational
institution. Hawaii Constitution, Art. X, §1.
Exception: Proceeds of special purpose revenue bonds authorized or issued under
Section 12 of Article VII may be appropriated to finance or assist: not-for-profit
corporations that provide early childhood education and care facilities serving the
general public; and not-for-profit private nonsectarian and sectarian elementary
schools, secondary schools, colleges and universities.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time, except in the case of court-ordered situations for children
requiring special education. See Special Education, above.
Homeschooling
The parent shall provide the local public school principal with a notice of intent to
home educate the child before initiating homeschooling, The notice of intent may be
submitted on a department developed form (Form OIS-4140) or in a letter containing
the following items: name, address, and telephone number of the child; birthdate and
grade level of the child; and signature of the parent. HRS §§296-12, 298-9.
The notice of intent shall be acknowledged by the principal and the district
superintendent. The notice of intent is for recordkeeping purposes and to protect
families from unfounded accusations of educational neglect or truancy. HRS §§296-
12, 298-9.
The parent(s) submitting a notice to homeschool a child shall be responsible for the
child's total educational program including athletics and other co-curricular activities.
HRS §§296-12, 298-9.
All educational and related services statutorily mandated shall be made available at
the home public school site to home-schooled children who have been evaluated and
certified as needing educational and related services and who request the services.
HRS §§296-12, 298-9.
The parent submitting a notice of intent to homeschool shall keep a record of the
planned curriculum for the child. The record of the planned curriculum shall include
the following: the commencement date and ending date of the program; a record of
the number of hours per week the child spends in instruction; the subject areas to be
covered in the planned curriculum: an elementary school curriculum may include the
areas of language arts, mathematics, social studies, science, art, music, health and
physical education to be offered at the appropriate development stage of the child; a
secondary school curriculum may include the subject areas of social studies, English,
mathematics, science, health, physical education and guidance; the method used to
determine mastery of materials and subjects in the curriculum; and
a list of textbooks or other instructional materials which will be used. The list shall be
in standard bibliographical format. For books, the author, title, publisher and date of
State Regulation of Private Schools—Hawaii
68
publication shall be indicated. For magazines, the author, article title, magazine, date,
volume number and pages shall be indicated. HRS §§296-12, 298-9.
The parent shall notify the principal if homeschooling is terminated. A child shall be
reenrolled in the local public school or licensed private school unless a new
alternative educational program is presented within five school days after the
termination of homeschooling. HRS §§296-12, 298-9.
A parent teaching the parent‘s child at home shall be deemed a qualified instructor.
HRS §§296-12, 298-9.
Test scores are required for grades identified in the Statewide Testing Program,
grades 3, 5, 8, and 10. The child may participate in the testing program through the
local public school or through private testing at the parent‘s expense. Other means of
evaluation may be approved if requested by the parent. HRS §§296-12, 298-9.
No course credits (Carnegie units) are granted for time spent being home-schooled.
HRS §§296-12, 298-9.
A home-schooled child who wants to earn a high school diploma from the local
public high school shall attend high school for a minimum of three full years to meet
the 22 credit requirement for graduation. A home-schooled child who wants to earn a
high school diploma from the community school for adults shall meet the following
requirements: be at least 17 years of age, have been home-schooled for at least one
semester under Hawaii‘s home-school procedures, take and achieve a satisfactory
score on the GED. HRS §§296-12, 298-9.
A child who is being home-schooled may participate in any college entrance
examination made available to all other students through a request to the local public
high school principal. HRS §§296-12, 298-9.
Information resources
Hawaii Department of Education: Private Schools
<http://doe.k12.hi.us/myschool/privateschools.htm>
Hawaii Department of Education: Homeschooling
<http://doe.k12.hi.us/myschool/homeschool/index.htm>
Hawaii Board of Education: Chapter 12, Compulsory Attendance Exceptions
<http://lilinote.k12.hi.us/PUBLIC/ADMINR1.NSF/85255a0a0010ae8285255534006
0479d/a49d572fb0811e390a25675a00750641?OpenDocument>
Hawaii Association of Independent Schools <http://www.hais.org/>
Hawaii Council of Private Schools: Standards and Procedures for the Approval of
Hawaii Private Schools 1996 <http://www.hais.org/lic_hcpsmanual.pdf >
Hawaii Revised Statutes
<http://www.capitol.hawaii.gov/site1/hrs/default.asp>
Hawaii Department of Education
Systems Accountability Office
Room 411
1390 Miller Street
Honolulu, HI 96804
Phone: 808-586-3283
Fax: 808-586-3440
Web site: http://doe.k12.hi.us/
State Regulation of Private Schools—Hawaii
69
U.S. Department of Education, Hawaii
Updated December 18, 2008
70
IDAHO
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Nonpublic schools may choose to seek accreditation with the Northwest
Association of Schools and Colleges. Idaho Code §33-119.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is mandatory for nonpublic schools accredited by the Northwest
Association of Schools and Colleges. Every person who is employed to serve in any
elementary or secondary school in the capacity of teacher, supervisor, administrator,
education specialist, and school nurse or school librarian shall be required to have and
to hold a certificate issued under authority of the state board of education, valid for
the service being rendered; except that the state board of education may authorize
endorsement for use in Idaho, for not more than five (5) years, certificates valid in
other states when the qualifications therefore are not lower than those required for an
Idaho certificate. Idaho Code §33-1201.
Length of School Year/Days
To comply with the Idaho compulsory attendance statute, attendance at a private or
parochial school must be during a period equal to that in which public schools are in
session. Idaho Code §33-202.
Curriculum
The Idaho compulsory school attendance statute provides that parents or guardians
must cause their school-age children to be instructed in the subjects commonly taught
in the public schools. Idaho Code §33-202.
The State Board of Education prescribes the minimum courses to be taught in all
elementary and secondary schools. In addition, the Board issues syllabi, study guides
and instructional aids as needed. Idaho Code §33-118.
All elementary and secondary schools are required to provide instruction in the
Constitution of the United States. The State Board of Education adopts materials and
determines the grades in which instruction must be given. Instruction must also be
given in the proper use of the American flag, the recitation of the pledge of
allegiance, the national anthem, and "America." Idaho Code §33-1602.
Private or parochial school students may enroll in driver training courses offered by
the local school district. Fees cannot be assessed that are not required for public
school students Idaho Code §33-1703.
State Regulation of Private Schools—Idaho
71
Recordkeeping/Reports
Upon enrollment, a private elementary or secondary school must notify the parent or
guardian in writing that he must provide reliable proof of the student's identity and
birth date within 30 days. If the parent or guardian fails to comply, the private school
must immediately notify the local law enforcement agency and inform the parent or
guardian in writing that he has 10 additional days to comply. The private school must
immediately report to the local law enforcement agency any documentation provided
that appears inaccurate or suspicious. Idaho Code §18-4511.2.
Within 14 days after enrollment, the private school must request a certified copy of
the student's record from the student's previous school. A private school must comply
with the request for records within 10 days of receipt unless the student was flagged
as a missing or runaway child. In that event, the school should notify the local law
enforcement agency of the request. Nonetheless, a private school can withhold a
transferred student's records for nonpayment of tuition or fees pursuant to prior
agreement. Idaho Code §18-4511.
Private schools are required to flag the records of any student reported missing or
runaway by the Department of Law Enforcement. The school must report any
subsequent request for the records to the local law enforcement agency. Idaho Code
§18-4511.1.
Confidential communications by a private school student to any certificated
counselor, psychologist or psychological examiner employed by a private school are
privileged and protected against disclosure in any civil or criminal action to which the
student is a party. Idaho Code §9-203.
Idaho‘s Superintendent of Public Instruction shall notify a school district or private
school regarding the enrollment of a registered juvenile sex offender. Idaho Code
§18-8408.
Health and Safety Requirements
Private or parochial school students must provide a statement of the child's immunity
to certain childhood diseases upon admission to the school. The statement must
document that the child has received or is in the process of receiving the
immunizations, or is immune through prior contraction of the disease. The Idaho
Board of Health and Welfare is charged with specifying the requisite immunizations
and the school reporting requirements. Idaho Code §39-4801.
The State Board of Education, in cooperation with the State Board of Health and
Welfare, regulates school building sanitation, sewage disposal, and water supply. If a
school building is believed deficient, the board may require an examination by an
engineer. The engineer's report will be transmitted to the school, maintained for
public inspection there, and published in a local newspaper. Idaho Code §33-122.
Private school governing boards may choose to maintain and supervise a school
safety patrol to assist children crossing public streets or highways. Idaho Code §33-
1801.
It is unlawful to carry a concealed weapon in a private school. It is a misdemeanor for
any person under 21 to carry a concealed firearm, dirk knife, bowie knife, dagger,
metal knuckles or other deadly weapon while on the property of a private elementary
or secondary school. Idaho Code §§18-3302C(1); 18-3302D.
State Regulation of Private Schools—Idaho
72
Any person who owns, operates or is employed by a private school for educational
purposes for children four (4) through six (6) years of age or a private kindergarten
shall comply with Idaho‘s criminal history check requirements. Idaho Code §39-
1105(3).
Transportation
Public school districts may transport nonpublic school students, where practicable,
when the full costs for providing the transportation are recovered. Idaho Code §33-
1501. Idaho Supreme Court held public funding of transportation of private school
pupils unconstitutional in Epeldi v. Engelking, 488 P.2d 860 (1971), cert. denied, 406
U.S. 957 (1972).
―For all school buses operated either by a nonprofit, nonpublic school or operated
pursuant to a service contract with a school district for transporting children to or
from school or in connection with school approved activities, the annual fee shall be
twenty-four dollars ($24.00).‖ Idaho Code §49-402(2).
Textbooks
There is no state policy at this time.
Testing
There is no state policy at this time.
Special Education
Chapter 9 of the Idaho Special Education Manual 2007 describes both the Individuals
with Disabilities Education Improvement Act of 2004 (IDEA 2004) and Idaho
Administrative Code policy regarding special education services for students
attending private schools. Rules of the Board Governing Education, Idaho
Administrative Procedures Act (IDAPA 08.02.03.109.05).
Nursing and Health
Idaho Child Nutrition programs provide cash assistance and commodity foods to
ensure children are adequately fed in public, private, and charter schools, residential
child care institutions, preschools, and child and adult care centers and homes. The
Idaho Child Nutrition Department follows the guidelines of the U.S. Department of
Agriculture.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
State Regulation of Private Schools—Idaho
73
Tax Exemption
The sale of meals by private schools under the federal school lunch program is
exempt from Idaho sales tax. Idaho Code §63-3622J.
Public Aid for Private Education
Constitutional Provisions: The Idaho Constitution prohibits public appropriations
to support sectarian schools. Idaho Constitution, Art. IX, 5.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
A nonpublic student is any student who received educational instruction outside of a
public school classroom and can include, but is not limited to, a private school or a
homeschool. As such, a homeschool student must be comparably instructed to
students in the public school during the compulsory attendance ages of 7 through 16
years of age. Idaho Code §33-202.
Idaho does not regulate or monitor homeschool instruction. It is the sole
responsibility of the parent or guardian to monitor their child‘s progress and
attendance in the homeschool.
The parent or guardian of a homeschooled child is allowed to enroll the student in the
public school for dual enrollment purposes. Dual enrollment allows the student to
enter into any program, including public school classes and extracurricular activities,
in the public school that are available to other students subject to compliance with the
same rules and regulations as other students. Idaho Code §33-203
Homeschool students may participate in statewide testing and assessment. A
homeschool student may be able to receive a diploma from a high school or can take
the General Education Development (GED) test and, upon successful completion of
all requirements, may apply for an Idaho High School Equivalency Certificate.
Administrative Rules of the Idaho State Board of Education.
Information resources
Idaho State Department of Education: Accreditation
<http://www.sde.idaho.gov/site/accreditation/>
Idaho State Department of Education: Home School
<http://www.sde.idaho.gov/site/home_school/>
Idaho State Department of Education: Home Schools in Idaho
<http://www.sde.idaho.gov/site/home_school/docs/Home%20School%20Pkt.doc>
Idaho State Department of Education: Special Education Manual 2007
<http://www.sde.idaho.gov/site/special_edu/manual_page.htm>
Idaho Statues, Constitution, and Legislative Session Data <http://www3.state.id.us/>
Title 33 Education <http://www3.state.id.us/idstat/TOC/33FTOC.html>
Idaho State Department of Education
Len B. Jordan Office Building
650 West State Street
P.O. Box 83720
Boise, ID 83720-0027
State Regulation of Private Schools—Idaho
74
Phone: 208-332-6800
Toll-Free: 800-432-4601
Fax: 208-334-2228
Web site: http://www.sde.idaho.gov/
U.S. Department of Education, Idaho
Updated December 17, 2008
75
ILLINOIS
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Nonpublic schools that gain accreditation through a nonpublic, state-approved
accrediting agency may qualify as state-recognized schools. Policy and
Guidelines for Registration and Recognition of Nonpublic Elementary and
Secondary Schools, February 2004.
Registration is optional.
Nonpublic schools in Illinois may register with the state Board of Education.
105 ILCS 5/2-3.25o(e).
A school is registered when it has filed with the Board a "Nonpublic School
Registration, Enrollment, and Staff Report," which must be filed between
October 1 and December 31 each year. This form furnishes such evidence as
required to assure compliance with federal and state laws regarding health
examination and immunization, attendance, length of term, nondiscrimination,
and applicable fire and health safety requirements. 105 ILCS 5/2-3.25o(b) and
Nonpublic School Registration Information Sheet, Revised February 2008.
No requirements for Licensing.
Approval is optional.
Nonpublic schools in Illinois may pursue recognition through the State Board
of Education. 105 ILCS 5/2-3.25o(e).
After one year of being a registered school, a nonpublic school may submit an
application for recognition. A team comprised of representatives from the
Illinois State Board of Education, the Regional Office of Education, a public
school, and a nonpublic school will visit the school. The Illinois State Board
of Education will then review and determine if these school will be granted:
―full recognition,‖ ―probationary recognition,‖ or ―nonrecognition.‖ Policy
and Guidelines for Registration and Recognition of Nonpublic Elementary
and Secondary Schools, February 2004.
Minimum requirements for the recognition of nonpublic schools cover the
organization, administration, instructional programs, extra-classroom
activities, pupil services, school facilities, school food services, and personnel.
Policy and Guidelines for Registration and Recognition of Nonpublic
Elementary and Secondary Schools, February 2004.
Teacher Certification
Teacher certification is not required for teachers at recognized nonpublic schools
unless the school governance chooses to require it as a condition of employment.
The Illinois State Board of Education (ISBE) encourages all teachers at nonpublic
schools to have at least a baccalaureate degree in the subject they are teaching. If the
nonpublic teacher does not have his or her baccalaureate degree, then ISBE
encourages the teacher to develop a timeline on how he or she plans to finish his or
State Regulation of Private Schools—Illinois
76
her education. If an individual with less than a baccalaureate degree is teaching,
ISBE will note it in a report. This policy does not vary depending on the school‘s
recognition status.
Nonpublic schools may employ public school employees part-time or on a temporary
basis provided the employment is in no way connected or subsidized by their public
school employment, or conflicts with an employee's public school duties. 105 ILCS
5/24-1.1.
Length of School Year/Days
Illinois state law does not set a minimum requirement for length of the academic year.
For registered and recognized schools, the length of the school year will not be less
than 176 days of at least five hours of instruction, or a total of 880 hours of
instruction per year. Policy and Guidelines for Registration and Recognition of
Nonpublic Elementary and Secondary Schools, February 2004.
Curriculum
Attendance at a nonpublic or a parochial school satisfies the Illinois compulsory
attendance statute if the children are taught the branches of education taught to
children of corresponding age and grade in the public schools. 105 ILCS 5/26-1.
Attendance at a nonpublic or parochial school satisfies the Illinois compulsory
attendance statute if instruction in the branches of education is in the English
language. 105 ILCS 5/26-1.1.
Illinois has adopted the Critical Health Problems and Comprehensive Health
Education Act for all elementary and secondary schools in the state. The curricula
includes studies in human growth and development, family life instruction, AIDS
education (grades 6–12), alcohol, tobacco and drug abuse. Pupils are not required to
study AIDS or family life instruction if the parent or guardian submits a written
objection. The State Board of Education establishes the minimum amount of
instruction time to be devoted to the program at all grade levels and makes available
instructional materials and guidelines to assist schools. 105 ILCS 110/3-4.
Nonpublic school students are eligible to enroll in driver education courses provided
through the public schools. 105 ILCS 5/27-24.2, 4. Nonpublic school principals may
arrange for the part-time attendance of their students at a public school in the school
district where the student resides if there is sufficient space. 105 ILCS 5/10-20.24.
Recognized schools must provide a program of instruction to the State Board of
Education and meet additional curriculum requirements. Policy and Guidelines for
Registration and Recognition of Nonpublic Elementary and Secondary Schools,
February 2004.
Recognized nonpublic schools must have the same minimum curriculum and
graduation requirements as public schools in Illinois.
Recordkeeping/Reports
The State Board of Education includes in its annual report to the governor and
General Assembly the number of men and women teachers and total enrollment of
nonpublic schools. 105 ILCS 5/2-3.11.
State Regulation of Private Schools—Illinois
77
Every school shall report to the State Board of Education by October 15, the number
of children who have received immunizations and health examinations, the number of
children who have not complied, and the number of children exempt on religious or
medical grounds. 105 ILCS 5/ 27-8.1.
Illinois gives parents a statutory right to school conference and activity leave (8
hours), with certain qualifications. Nonpublic schools must notify parents of their
school visitation rights. In addition, it is the responsibility of the school administrator
to verify the parent or guardian's school visitation for employers. 820 ILCS 147/30.
Nonpublic schools may conceal the location or address of an individual covered by an
order of protection issued by the courts under the Illinois Domestic Violence Act of
1986. The school must maintain a certified copy of the order in the student's records.
750 ILCS 60/222.
Health and Safety Requirements
Nonpublic school students are required to have a health examination, including a
tuberculosis skin test if residing in designated areas, within one year prior to entering
kindergarten or first grade, upon entering the fifth and ninth grade, and, irrespective
of grade, immediately prior to entrance, each child must present proof of an
examination as required. Students must present proof of immunizations against
preventable communicable diseases as required by the Department of Public Health.
Children may be exempt based on the religious objections of the parents or due to
medical contraindications. Every school must report to the State Board of Education
by October 15, the number of children who have received immunizations and health
examinations, the number of children who have not complied, and the number of
children exempt on religious or medical grounds. 105 ILCS 5/27-8.1; 410 ILCS 235/6.
Nonpublic schools are required to conduct at least three fire evacuation drills during
the regular school term; at least one fire evacuation drill must be held with the
participation of the local fire department. 105 ILCS 120/ 1, 2; 5/10-128/20.22.(a)(3).
Nonpublic schools are required to conduct at least one bus evacuation drill during the
regular school term 105 ILCS 128/20 (b).
Nonpublic schools are required to conduct at least one severe weather or shelter in
place drill during the regular school term. 105 ILCS 128/20 (d).
Nonpublic schools are strongly encouraged to conduct law enforcement drills for
such scenarios as bomb threats, active shooters, etc. 105 ILCS 128/20 (c).
Under the Missing Children Records Act, nonpublic schools must obtain a birth
certificate or other reliable proof (as recognized by the Illinois State Police) of age
and verification of the child‘s identity. 325 ILCS 50/5(b).
Under the Illinois Missing Child Program, nonpublic school administrators are
provided periodic information bulletins from the Department of Enforcement
apprising them of missing children. If the school determines that a missing child is
attending the school, the administrator shall immediately notify the authorities. 105
ILCS 5/2-3.73.
Nonpublic school students, teachers and visitors must wear industrial quality eye
protective devices when participating in harmful specified courses. 105 ILCS 115/1.
Liquor licenses are not issued to retailers within 100 feet of any elementary or
secondary school, with some exceptions. 235 ILCS. 5/6-11.
State Regulation of Private Schools—Illinois
78
Transportation
District school boards may provide transportation to and from local public schools
and must provide transportation, without cost, for students attending nonpublic
schools. If the student resides at least 1 1/2 miles from the school and along the
regular route of the public school bus, the transportation will extend from a point on
the route nearest or most easily accessible to the home and the school. If the student
resides within 1 1/2 miles from the school, transportation will be afforded on the
same basis as provided for public school students. Separate bus routes for nonpublic
school students are permitted if it is safer, more economical, and more efficient. 105
ILCS 5/29-4. State reimbursement for public school transportation may be withheld
for failure to furnish transportation to nonpublic school students. People ex rel. Bd. of
Educ. v. State Bd. of Educ., 344 N.E.2d 5 (1976).
The school board of any school district may agree to provide transportation for
students attending nonpublic school activities, if the buses are not needed for public
school activities. A charge must be assessed in an amount not less than the cost,
including a reasonable allowance for depreciation of the vehicle. 105 ILCS 5/29-3.2.
The Chicago Transit Board is authorized to provide free transportation, or
transportation at reduced fares, to pupils in attendance at nonpublic schools offering
grades of instruction comparable to those offered in public schools. 70 ILCS 3605/30.
Nonpublic school bus drivers must be over 21 years of age, have at least one year of
driving experience, and hold a valid school bus driver permit. 625 ILCS 5/6-104(b),
(d).
Textbooks
The State Board of Education is under a statutory duty to provide the loan of secular
textbooks listed for use by the board free of charge to any student in the state enrolled
at a public school or at a school other than a public school which is in compliance
with the compulsory attendance laws and the federal nondiscrimination statute, Title
VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. ILCS 105/18-17. See also
Ill. Admin. Code, title 23, §350.10-.30.
Testing
The Illinois State Board of Education (ISBE) encourages recognized nonpublic
schools to participate in local assessment testing; however, ISBE does not require it
by law and the schools do not have to share their test scores with ISBE. Nonpublic
school students to not take the ISAT or Prairie State exams.
Special Education
Illinois publicly places children with disabilities in nonpublic schools complying with
state regulations if the special education program of a district is unable to meet the
needs of the child. 105 ILCS 5/14-7.02.
Students with disabilities attending nonpublic schools are eligible to receive special
education services through part-time attendance at a public school. Transportation
shall be provided if required in the child's individualized education plan. 105 ILCS
5/14-6.01.
State Regulation of Private Schools—Illinois
79
Nursing and Health
Nonpublic schools are eligible to participate in the Illinois school lunch and breakfast
programs. Applications are provided by the State Board of Education and must be
filed through the regional superintendent of schools. 105 ILCS 125/5.
Nonpublic schools are eligible for state grants under the Asbestos Abatement Act.
Any recovery by the nonpublic school through litigation, must be used to reimburse
the state Asbestos Abatement Fund. 105 ILCS 105/9c.
Technology
Nonpublic school students and teachers are entitled to equitable participation in all
services and activities provided under computer literacy grants awarded to school
districts and educational service regions. 105 ILCS 5/2-3.43.
Nonpublic school students and teachers may benefit from programs and services
offered through the state's Regional Offices of Education (ROEs), provided public
schools have already been afforded adequate access. The ROEs provide education for
gifted children through area service centers, computer technology education,
mathematics science and reading resources for teachers including continuing
education, in-service training and staff development. 105 ILCS 5/2-3.62.
Professional Development
Professional Development is encouraged but not required for recognition. However,
in reviewing a nonpublic school for recognition the Illinois State Board of Education
(ISBE) will determine whether or not there are indications the school allows teachers
to attend classes, workshops, or seminars for professional development.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The Illinois General Assembly may exempt from taxation property used exclusively
for school and religious purposes. Illinois Constitution, Art. IX, Sec. 6.
Tangible personal property purchased by an institution for religious or educational
purposes is exempt from Illinois use tax. 105 ILCS 3/5
Nonprofit nonpublic schools conducted by eleemosynary or religious institutions are
protected from excessive tort liability costs under the Tort Liability of Schools Act.
Civil actions for personal or property injury must be commenced within one year,
notice given to the school within 6 months, and liability is limited to $10,000 in each
separate cause of action unless otherwise provided by law. 745 ILCS 25/5.
Public Aid for Private Education
Constitutional Provisions: No county, city, town, township, school district or other
public corporation may make any appropriation to support or sustain any school or
academy controlled by any church or sectarian denomination. Illinois Constitution,
Art. 10 § 3; 105 ILCS 5 § 22-10.
State Regulation of Private Schools—Illinois
80
Programs for financial assistance for attendance at private schools:
The Illinois Expense Credit began with tax years ending after Dec. 31, 1999, and
allowed a taxpayer who is the custodian of one or more qualifying pupils to claim a
credit against the tax imposed by Illinois for qualified education expenses. The
amount of the credit allowed is 25 percent of the amount expended in excess of $250
and in no event may the total credit claimed by a family exceed $500. Additionally,
the tax credit cannot reduce the taxpayer‘s liability to less than 0. 35 ILCS 5/201(m)
as amended by P.A. 91-0009.
Homeschooling
According to the Illinois School Code (105 ILCS 5/26-1), the term "private school" in
the context used under compulsory education requirements, that is, ―any child
attending a nonpublic or parochial school where children are taught the branches of
education taught to children of corresponding age and grade in the public schools and
where the instruction of the child in the branches of education are in English,‖ applies
to children schooled at home. People v. Levisen, 404 Ill. 574, 90 N.E. 2d 213 (1950).
The regional superintendent has the responsibility for monitoring compliance with the
compulsory attendance law. In so doing, the regional superintendent may expect the
parents who seek to educate their children at home to establish that they are providing
instruction that is at least commensurate with the standards of the public schools. The
burden of proof rests with the parents. The parents may be expected to document the
subjects taught which must include "branches of learning" taught in the public school,
the time frame in which instruction will be offered, and the competency of the parent
or other instructor(s). It is not necessary for the instructor to have a teacher‘s
certificate. The parents may also be expected to establish by written examinations or
by some other method that the child‘s achievement is comparable to that of the
child‘s peers of corresponding age and grade level. Scoma v. Chicago Board of
Education, 391 F. Supp. 452 (N.D. Ill. 1974).
Illinois state law does not require a minimum number of hours per day of instruction
for students in nonpublic schools. In Scoma v. Chicago Board of Education (1974),
courts ruled that home instruction must be equivalent to public school standards.
Scoma v. Chicago Board of Education, 391 F.Supp. 452 (N.D. Ill. 1974).
Parents are not required to register with the state, but may voluntarily notify the State
Board of Education and regional superintendent.
Illinois does not require homeschool students to participate in standardized testing or
reporting of standardized testing scores.
Homeschool students may attend a public school part-time if there is sufficient space
available, the request is submitted to the school principal no later than May 1 st for the
following year school year, and the course requested is part of the school‘s regular
curriculum. 105 ILCS 5/10-20.24.
Homeschool students may take driver‘s education courses with the local school
district if the chief administrator of the homeschool informs the local public school
district of the student‘s name and evidence the student passed a minimum of eight
courses during the previous two semesters no later than April 1 for the following
school year. 105 ILCS 5/27-23, 27-24.2 and 27-24.4.
State Regulation of Private Schools—Illinois
81
Information resources
Illinois State Board of Education: Policy and Guidelines for Registration and
Recognition of Nonpublic Elementary and Secondary Schools, February 2004
<http://www.isbe.net/accountability/pdf/np_guidelines.pdf>
Illinois State Board of Education: Nonpublic School Registration Information Sheet
<http://www.isbe.net/research/pdfs/np_info_sheet.pdf>
Illinois State Board of Education: Nonpublic Elementary and Secondary School
Recognition <http://www.isbe.net/accountability/html/np_recognition.htm>
Illinois State Board of Education: Homeschool
<http://www.isbe.state.il.us/HomeSchool/default.htm>
Illinois State Board of Education: Questions you may have on Illinois
Homeschooling <http://www.isbe.state.il.us/HomeSchool/faq.pdf>
Illinois State Board of Education: Parent/Guardian Pupil Transportation
Reimbursement <http://www.isbe.net/funding/pdf/54-14_home_school.pdf>
Illinois Compiled Statutes
<http://www.ilga.gov/legislation/ilcs/ilcs.asp >
Illinois State Board of Education
100 North First Street
Springfield, IL 62777
Phone: 217-782-4321
Toll-Free: 866-262-6663
Fax: 217-524-4928
E-mail: statesup@isbe.net
Web site: http://www.isbe.net/
U.S. Department of Education, Illinois
Updated December 29, 2008
82
INDIANA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Indiana State Board of Education has established a performance-based
accreditation system available to nonpublic schools. The standards for
accreditation are the same standards required of all public schools. The
observance of: (A) IC 20-31-4; (B) IC 20-28-5-2; (C) IC 20-28-6-3 through
IC 20-28-6-7; (D) IC 20-28-9-7 and IC 20-28-9-8; (E) IC 20-28-11; and (F)
IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and IC 20-32-8; is a
prerequisite to the accreditation of a school. Compliance with the building and
site guidelines adopted by the state board is not a prerequisite of accreditation.
Indiana Code §20-19-2-8 (5).
To comply with accreditation standards, a nonpublic school must meet state
requirements in the areas of health and safety, time of school activity, staff-
student ratio, curriculum, development and implementation of staff evaluation
plan under Indiana Code §20-28-11, and a completed school improvement
plan. Indiana Code §20-31-4-6.
A school must comply with the following legal standards to be accorded full
accreditation status: (A) health and safety requirements; (B) minimum time
requirements; (C) staff-student ratio requirements; (D) curriculum offering
requirements; (E) instructional staff requirements;3 (F) ISTEP participation
requirements; (G) mandatory annual assessment requirements; (H) accurate
and timely submission of all reports required of schools; (I) production of an
annual performance and its dissemination to school constituents; (J) strategic
and continuous school improvement and achievement planning requirements.
511 IAC 6.1-1-4. For additional details, see 511 IAC 6.1.
A school seeking accreditation must be assigned to one (1) of the following
categories of school improvement and performance under 511 IAC 6.2-6-4:
(A) Exemplary, (B) Commendable; or (C) Academic progress. 511 IAC 6.1-
1-4.
Each accredited school principal shall coordinate the development of the
Strategic and Continuous School Achievement and Improvement Plan. The
plan must: (1) state objectives for a three-year period; and (2) be annually
reviewed and revised to accomplish the achievement objectives of the school.
In addition the plan must establish objectives consistent with academic
standards and include improvement in at least the following areas: attendance
rate; percentage of students meeting academic standards under the ISTEP
program (IC 20-31-3 and IC 20-32-5); for a secondary school, graduation rate;
address the learning needs of all students, including programs and services for
exceptional learners; specify how and to what extent the school expects to
3 As of Feb. 13, 2009, the following legal standards were undergoing a repeal process: staff-student ratio
requirements; curriculum offering requirements; and instructional staff requirements.
State Regulation of Private Schools—Indiana
83
make continuous improvement in all areas of the education system where
results are measured by setting benchmarks for progress on an individual
school basis; note specific areas where improvement is needed immediately.
Indiana Code §20-31-5-4. For details, see 511 IAC 6.2.
A nonpublic school may choose to pursue freeway school accreditation under
Indiana law by entering into a contract with the State Board of Education. Due
to the unique nature of freeway schools, the required components of
accreditation (Strategic and Continuous School Achievement and
Improvement Plan, Legal Standards Compliance, and Student Achievement)
are addressed differently Indiana Code §20-26-15-5. For details, see IC 20-
26-15-5.
An attempt to deny accreditation to a school that denies enrollment on the
basis of creed is an interference with the free exercise of religion. Opp. of
Atty. Gen. 1975, No. 22, p. 74.
Registration is mandatory.
Nonpublic schools are required to register with the Indiana Department of
Education and be assigned a nonpublic school identification number. They
must also submit a pupil enrollment number each fall. Indiana Code §20-33-
2-21.
No requirements for Licensing.
Approval is optional.
Indiana State Board of Education implements a voluntary system of
recognition for nonpublic school educational programs. The system
recognizes the distinguishing characteristics of nonpublic schools and is
separate from the accreditation standards available to nonpublic schools. 511
IAC 6.1-9.
A nonpublic school must meet comply with the following requirements
standards to be recognized: (A) School mission requirements; (B)
Governance requirements; (C) Curriculum requirements; (D) Personnel
requirements; and (E) Facility requirements. In addition, the nonpublic school
must perform at the expected level in the following areas to be recognized:
(A) Student attendance rate; (B) For high schools, graduation rate; (C) ISTEP
results; (D) Mathematics proficiencies; and (E) Language arts proficiencies.
511 IAC 6.1-9-3.
The school must inform the department of its intention to seek recognition on
or before July 1 of the school year in which the school seeks recognition. A
recognized nonpublic school seeking renewal of its recognition must notify
the department of its intention to seek renewal on or before July 1 of the year
preceding the expiration of its recognition. 511 IAC 6.1-9-4.
If the Indiana Department of Education determines that a recognized school
no longer is in compliance with recognition requirements then the department
may institute revocation proceedings before the board. A school may appeal
the department‘s decision to the Indiana State Board of Education. 511 IAC
6.1-9-5; 511 IAC 6.1-9-6.
State Regulation of Private Schools—Indiana
84
Teacher Certification
Recognized nonpublic schools are required to employ personnel that are ―properly
licensed under 511 IAC 10. 511 IAC 6.1-9-3.
Length of School Year/Days
In order to comply with compulsory attendance law in Indiana, a student shall attend
school each year for the number of days public schools are in session. Indiana Code
§20-33-2-5.
Nonpublic schools that seek accreditation shall conduct at least one hundred eighty
(180) student instructional days for all students grades 1 through 12. 511 IAC 6.1-3.1.
Curriculum
The Indiana Department of Education shall adopt clear, concise, and jargon-free state
academic standards that are comparable to national and international academic
standards. Indiana Code §20-31-3-1.
Nonpublic schools that voluntarily seek state accreditation shall provide instruction
in: (1) the Constitutions of Indiana and the United States in grades 6 through 12; (2)
the systems of government in Indiana and the United States, methods of voting, party
structures, election laws, and the responsibilities of citizen participation in grades 6
through 12 for five full class periods within the two weeks preceding each general
election; (3) morals instruction as outlined by the state superintendent in grades 1 –12;
(4) safety education for one semester in grade 8; (5) AIDS. Indiana Code §20-30-5.
Nonpublic, nonaccredited, and non-approved schools are not bound by any
requirements set forth in Indiana Code Titles 20 or 21 with regard to curriculum or
the content of educational programs offered by the school. This may not be construed
to prohibit a student a nonpublic, nonaccredited, and non-approved school from
enrolling in a particular educational program or participating in a particular
educational initiative offered by an accredited public, nonpublic, or state board
approved nonpublic school if: (1) the governing body or superintendent, in the case
of the accredited public school; or (2) the administrative authority, in the case of the
accredited or state board approved nonpublic school; approves the enrollment or
participation by the student. Indiana Code §20-33-2-12.
Indiana's compulsory education statute requires that students attend either a public
school or "some other school which is taught in the English language." Indiana Code
§20-33-2-4.
Recordkeeping/Reports
Private schools may require students who initially enroll in the school after July 1,
1988, to provide the name and address of the school last attended and produce
reliable proof of the student's date of birth. The school shall request the student's
records within 14 days of enrollment. Indiana Code §20-33-2-10(A).
If the proof of a student's date of birth is not provided within 30 days of enrollment or
appears to be inaccurate or fraudulent, the school shall notify the Indiana
Clearinghouse for Information on Missing Children to determine if the child is
reported missing. Indiana Code §20-33-2-10(C).
State Regulation of Private Schools—Indiana
85
Private schools must keep an accurate daily record of attendance to verify the
enrollment and attendance of any particular child upon request of the State
Superintendent of Public Instruction or local Superintendent of the School
Corporation. Indiana Code §20-33-2-20.
The principal/school administrator in every nonpublic school must furnish, on request
of the state superintendent of public instruction, a list of student‘s names, addresses,
and ages for students attending the school. If a pupil withdraws from the school and
the school does not receive a request for records within 15 school days, then the
private school must report to the state superintendent of public instruction or the local
superintendent of the school corporation the name and address of the pupil and the
date he withdrew. Indiana Code §20-33-2-21.
If an Indiana nonpublic school receives a request for records, the records must be
promptly sent unless the student's records have been flagged by the Indiana
Clearinghouse for Information on Missing Children. In that event, the nonpublic
school must immediately notify the clearinghouse and may not send the records
without the authorization of the clearinghouse. Indiana Code §20-33-2-21.
A school psychologist may not disclose privileged or confidential communication
made by a student if the communication was made to him in his counselor capacity,
except under the following circumstances: (1) trials for homicide when the disclosure
relates directly to the fact or immediate circumstances of the homicide; (2)
proceeding to determine mental competency or in which a defense of mental
incompetency is raised; (3) civil or criminal actions against a school psychologist for
malpractice; (4) upon an issue as to the validity of a document; (5) if the school
psychologist has the express consent of the client or, in the case of a client's death or
disability, the express consent of the client's legal representative; or (6) circumstances
under which privileged communication is lawfully invalidated. Indiana Code §20-28-
12-5.
Health and Safety Requirements
Accredited nonpublic schools must comply with the rules of the Indiana State Board
of Education under 511 IAC 2, the Fire Prevention and Building Safety Commission,
the State Board of Health, and the Indiana Occupational Safety and Health
Administration. 511 IAC 6.1-1-4 and 511 IAC 6.1-2-1.
Transportation
The local school corporation must provide transportation without charge for parochial
school students residing along a highway constituting the regular route of a public
school bus. Indiana Code §20-27-11-1.
Private schools may contract with an urban mass transportation system for the
transportation of pupils to and from school. Indiana Code §36-9-4-54; Opp. of Atty.
Gen. 1988, No. 6, p.152.
Private school buses are regulated by the Indiana School Bus Committee that governs
the design and operation of all school buses used for the transportation of school
children. Indiana Code §20-27-3-4.
Private school bus drivers are required to attend an annual safety meeting or
workshop not to exceed two days in any one calendar year. Indiana Code §20-27-8-9.
State Regulation of Private Schools—Indiana
86
If a bus driver has less than 30 days experience in the three prior years, he must
satisfactorily complete a preservice school bus driver safety education training
course. The course is provided by the State Superintendent of Public Instruction and
may not exceed 40 hours. Indiana Code §20-27-8-10.
Private school buses are subject to an annual inspection by the Indiana Police
Department to determine whether each bus complies with the safety requirements
prescribed for school bus construction and equipment. Indiana Code §20-27-7-1.
Textbooks
Students who attend accredited nonpublic schools and meet financial eligibility
standards may receive reimbursement payments from the state for textbooks. The
Indiana Department of Education provides each school with application forms; the
nonpublic schools assist the parents or emancipated minors in completing the forms
and make the determination of financial eligibility. The school's application to the
state must be filed before November 1 of a school year. Parents or emancipated
minors may be reimbursed for textbooks (20 percent of the cost) and workbooks and
consumable textbooks (100 percent of the cost) that have been adopted by the State
Board of Education or waived by the board. Indiana Code §20-33-5-9.
The school board may rent these textbooks to students enrolled in any public or
nonpublic school that is: (1) in compliance with the minimum certification standards
of the state board; and (2) located within the attendance unit served by the governing
body. Indiana Code §20-26-12-2.
Testing
Nonpublic schools that voluntarily seek state accreditation shall administer the
Indiana Statewide Testing For Educational Progress (ISTEP) to its students at the
same time that school corporations administer the test and make available to the
Department of Public Instruction the results. An accredited nonpublic school is
entitled to receive the ISTEP program test and the scoring reports used by the
Department at no charge. Indiana Code §20-32-5-17.
A nonpublic school seeking recognition must participate in the ISTEP testing
program under IC 20-32-5 and 511 IAC 5-2. In lieu of participating in the ISTEP
testing program, a nonpublic school may request that the board approve use of
another test instrument to determine if the school has met its expected performance
levels. The nonpublic school must validate the selected test and establish, to the
satisfaction of the board, that the test and the minimum performance expectation are
appropriate substitutes for ISTEP. 511 IAC 6.1-9-4.
Special Education
Each public agency shall, with regard to any nonpublic school or facility, including
any religious school or homeschool, within its boundaries: (1) locate, identify, and
evaluate all students with disabilities as specified in 511 IAC 7-40; (2) consult with
nonpublic school representatives and representatives of parents of nonpublic school
students with disabilities; (3) provide information to the division of special education
related to parentally placed nonpublic school students covered under this rule; and (4)
State Regulation of Private Schools—Indiana
87
make available special education and related services to all students with disabilities.
511 IAC 7-34-1.
Nursing and Health
There is no state policy at this time.
Technology
An accredited nonpublic school is required to have ―a provision for the coordination
of technology initiatives‖ within their Strategic and Continuous School Improvement
and Achievement Plan. Indiana Code §20-31-5-6.
Professional Development
Recognized public schools are required to submit information regarding professional
development activities ―conducted by the school to promote school restructuring.‖
511 IAC 6.1-6-1.
Private schools accredited with the Indiana State Board of Education must have
professional development programs that: identify the knowledge and training needed
by teachers to accomplish the goals within the plan; establish professional
development goals that describe expected change in teacher performance and the
relationship to improved student performance; include strategies describing how the
identified knowledge and training will be attained; include a description of the
evaluation process that will be used to determine the impact of the program on
student achievement; include an explanation of how the overall program meets the
board‘s core principles for professional development; include a sign-off by the
exclusive representative as indication of support only for the professional
development program component of the plan; and include a sign-off by the
superintendent that the plan and program of the school aligns with corporation-level
improvement initiatives and local board policy. Indiana Code §20-20-31.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Sales of food and food ingredients are exempt from the state gross retail tax of
parochial school regularly maintained by a recognized religious denomination. In
order to obtain the exemption, the taxpayer must file an application for exemption
with the Indiana Department of Revenue. Indiana Code §6-2.5-5-21.
Public Aid for Private Education
Constitutional provisions: The Indiana Constitution provides that no money shall
be drawn from the treasury for the benefit of any religious or theological institution.
Indiana Constitution Art. 1, § 6.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
State Regulation of Private Schools—Indiana
88
Homeschooling
Homeschools in Indiana are nonpublic, nonaccredited schools. Home educators must
teach a minimum of 180 days per calendar year. They choose the days and keep
attendance records. Homeschool educators must register by submitting their grade
level enrollment to the Indiana Department of Education. Indiana Code §20-33-2-5.
Instruction given in a homeschool must be equivalent to instruction received in a
public school. State law does not define equivalency of instruction. Indiana Code
§20-33-2-8.
State law exempts homeschools from the curriculum and program requirements that
public schools must follow. Indiana Code §20-33-2-12 (A).
Home-educated students can participate, with the approval of the superintendent or
the school board, in public school educational activities. Participation in elementary
or junior high athletics is at the discretion of the public school. Participation in high
school athletics is rare because the home-schooled student‘s educational program
must also conform to the bylaws of the Indiana High School Athletic Association.
Indiana Code §20-33-2-12(B).
Homeschool students may not take ISTEP+ or any other public school administered
test unless they are enrolled in a public school for at least one period a day.
Homeschooled children will not receive a diploma from the local public school or
from the state. Seventeen-year-old students may take the examination for the General
Equivalency Development (GED) Certificate.
Information resources
Indiana Department of Education: Office of Student Services
<http://www.doe.in.gov/sservices/hse.html>
Indiana Department of Education: Office of Student Services, Private School
<http://www.doe.in.gov/sservices/privateeducation.html>
Indiana Department of Education: Office of Student Services, Home School
<http://www.doe.in.gov/sservices/homeschool.html>
Indiana Non-Public Education Association <http://www.inpea.org/>
Indiana Code
<http://www.in.gov/legislative/ic/code/>
511 Indiana Administrative Code
<http://www.in.gov/legislative/iac/iac_title?iact=511>
Indiana Administrative Code: Non-Public School Recognition (Rule 9)
http://www.in.gov/legislative/iac/iac_title?iact=511&iaca=6.1
Indiana Department of Education
151 West Ohio Street
Indianapolis, IN 46204-2795
Phone: 317-232-6610
Fax: 317-233-6326
E-mail: webmaster@doe.in.gov
Web site: http://www.doe.in.gov
U.S. Department of Education, Indiana
Updated February 23, 2009
89
IOWA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
By definition, "nonpublic school" means any school not directly supported by
taxation that is accredited or which uses licensed practitioners as instructors.
Iowa Code §280.2.
Schools seeking accreditation must submit an application in writing to the
Director of the Iowa Department of Education by January 1 of the preceding
year for which the school seeks accreditation. Iowa Code §281.12
The Iowa Board of Education has established rules and procedures for
accrediting all nonpublic schools offering instruction in levels K–12. Iowa
Code §256.11. Iowa Admin. Code R. 281-12.1 through 12.5, 12.8.
The authorities in charge of an accredited nonpublic school must prescribe
reasonable rules for the punishment of truants. Iowa Code §299.9.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
By statute, Iowa has established a nonpublic school advisory committee to advise the
Iowa Board of Education on matters affecting nonpublic schools including standards
for teacher certification and approval of nonpublic schools. Iowa Code §256.15.
Teacher Certification
Teacher certification is required.
By definition, nonpublic schools that are accredited employ licensed practitioners as
instructors. Iowa Code §280.2.
Accredited nonpublic schools must employ certified teachers. Iowa Admin. Code R.
281-12.4(8).
The Iowa Supreme Court has ruled "The state has a clear right to set minimum
educational standards [including instruction by a certified teacher] for all its children
and a corresponding responsibility to see to it that those standards are honored."
Johnson v. Charles City Community Schools, 368 N.W.2d 74 (1975).
An accredited nonpublic school must maintain adequate staffing. Iowa Code
§280.14.
A nonpublic school superintendent may serve as an elementary school principal in
that school provided that the superintendent holds the proper licensure or certification
but cannot also serve as a high school principal in that school. Iowa Admin. Code R.
281-12.4(4).
Length of School Year/Days
Nonpublic schools must prescribe an attendance policy which requires student
attendance for at least 180 days. Iowa Code §280.3.
State Regulation of Private Schools—Iowa
90
Curriculum
Iowa State Board of Education rules require that a ―multicultural, gender fair
approach‖ be used by state accredited nonpublic schools and that global perspectives
be incorporated into all levels of the educational program. Iowa Code §256.11.
State accredited nonpublic schools must prescribe a minimum educational program as
defined under §256.11 unless otherwise provided by law or granted an exemption by
the Iowa Board of Education. The section outlines a comprehensive curriculum for
grades K–6, 7–8 and 9–12 from traditional course offerings to instruction in acquired
immune deficiency syndrome. Iowa Code §§256.11, 280.3.
As a condition of graduation, state accredited nonpublic schools must require private
school students (grades 9–12) to complete one unit of U.S. history and one-half unit
of U.S. government which shall include a study of the constitution, and relevant
voting statutes and procedures. Iowa Code §256.11(5b).
Nonpublic schools must incorporate career education into the curricular and co-
curricular education experience from grades PK-12. The essential elements of career
education must include: 1) awareness of self in relation to others and the needs of
society; 2) exploration of employment opportunities and experience in personal
decision making; and 3) experiences which will help students to integrate work values
and work skills into their lives. Iowa Code §280.9.
Nonpublic schools serving grades 9–12 must provide five units of occupational
education subjects e.g. business or office occupations, trade and industrial
occupations, consumer and family sciences or home economics occupations,
agriculture occupations, marketing and health occupations. Instruction must be
competency-based, articulated with postsecondary programs of study, and may
include field, laboratory, or on-the-job training. Iowa Code §256.11b.
Every public school district makes available an approved driver education course to
all resident students, including students attending nonpublic schools. The courses may
be offered at the public school or at the nonpublic school facilities. Iowa Code
§321.178.
Private schools may participate in Iowa's Community-based Workplace Learning
Program (Workstart). Workstart is a voluntary collaborative program between
business and Iowa's secondary and postsecondary education system designed to
provide high school students the academic and job-specific skills needed to enter the
workforce. Iowa Code §258.17.
Eligible students attending Iowa's accredited private schools may enroll in
postsecondary institutions for courses not offered at the private school or at the public
school district in which the private school is located and receive credit toward their
high school diploma. The nonpublic school determines the number of high school
credits to be granted upon successful completion of the course. Iowa Code §261C.3-
5.
The medium of instruction in all secular subjects taught in nonpublic schools must be
the English language except when a foreign language is deemed appropriate or when
the student is nonEnglish-speaking. A nonpublic school must provide special
instruction for non English-speaking students until the child demonstrates a functional
ability to speak, write, read and understand the English language. Nonpublic school
State Regulation of Private Schools—Iowa
91
students may attend transitional bilingual or other special instruction programs
supported by state funds that are offered at public schools. Iowa Code §280.4.
Private school students may enroll in public schools for courses not offered at the
private school. Private schools may comply with state standards for required courses
in this manner. Iowa Code §256.12.1. Iowa Admin. Code R. 281-14.
Nonpublic schools may obtain licenses to conduct games of skill, games of chance,
bingo and raffles at bona fide school functions, such as carnivals, fall festivals,
bazaars and similar events. Iowa Code §99B.7. One or more game nights can be held
using play money for student participation without a license if the accredited
nonpublic school approves. Iowa Code §99B.8.
Recordkeeping/Reports
The principal of an accredited nonpublic school must furnish, when requested by the
secretary of the local public school district, a report of the names, ages, number of
days in attendance, and course of study of each pupil at the school. The School
District provides the necessary forms. The general request may be made once during
each school year and at any time for individual cases. Iowa Code §299.3.
The governing authorities of nonpublic schools must submit the names, addresses,
and dates of birth of currently enrolled students who have attained age 18 or will be
18 within six months to the county commissioner of elections. The list must be
submitted on September 30 and March 30 of each year. The commissioner may use
this list to send voter registration forms to the student. Iowa Code §280.9A.2.
Nonpublic schools may adopt policies regarding valid reasons for excused absences
from school. Iowa Code §299.1.
As part of Iowa's uniform school requirements, nonpublic schools must appoint an
advisory committee to develop goals and plans to meet the major educational needs
of their students and to evaluate and report on the school's progress annually. Iowa
Code §280.12.
Nonpublic schools must maintain a suitable flagstaff and raise the United States flag
and the Iowa state banner on all school days when weather conditions permit. Iowa
Code §280.5.
Health and Safety Requirements
Nonpublic schools cannot require nonadministrative personnel to perform any special
health services or intrusive nonemergency medical services for students unless the
personnel are licensed or otherwise qualified and have consented to perform the
services. Iowa Code §280.23.
It is a misdemeanor to possess or consume alcoholic liquors, wine, or beer while
attending a private school-related function. Iowa Code §123.46.
Nonpublic schools must prescribe procedures for handling child abuse reports alleged
against an employee or agent of the school in accordance with state guidelines. Iowa
Code §280.17.
Private schools must cooperate with investigations of child abuse conducted by the
Department of Human Services. The school must provide confidential access to the
child alleged to be abused and to other children to obtain relevant information. The
investigator may observe the child but a witness must be present. Any child age 10 or
State Regulation of Private Schools—Iowa
92
older can terminate contact with the investigator by stating his desire to do so. Iowa
Code §232.71.6.
Nonpublic schools must provide eye and ear-protective devices for students and
teachers participating in shop or laboratory courses that pose a potential hazard. Iowa
Code §280.10, 11.
Private schools must conduct two fire drills and two tornado drills between July 1 and
December 31 of each year and again between January 1 and June 30 of each year.
Doors and exits of all rooms and buildings must be unlocked when occupied. Fire and
tornado warning systems must be installed and first-aid fire extinguishers available.
Private schools are inspected by the state fire marshal‘s office or the local city fire
department at least once every two years to assess compliance with the fire safety
standards and to identify potential fire hazards. Iowa Code §100.31.
―Nonpublic schools cannot require non-administrative personnel to perform any
special health services or intrusive non-emergency medical services for students
unless the personnel are licensed or otherwise qualified and have consented to
perform the services.‖ Iowa Code §280.23.
Transportation
Iowa students attending accredited nonpublic schools are entitled to transportation on
the same basis as provided public school students. Parents may be reimbursed for
some transportation costs. Iowa Code §285.1-3, 10.1, 16.
School bus drivers must meet statutory qualifications, e.g. 18 years of age, physically
and mentally competent. Nonpublic schools may immediately suspend a driver,
pending a hearing, for the use of nonprescription controlled substances or alcoholic
beverages during work hours. (See statute for other grounds for immediate dismissal.)
Iowa Code §321.375.
Private school buses are registered without charge upon application to the Department
of Motor Vehicles. The Department issues a registration certificate and plates which
are imprinted "Private School Bus" to be attached to the front and rear of each bus.
Iowa Code §321.18.
Textbooks
School districts may make textbooks available to pupils attending accredited
nonpublic schools upon request of the pupil or the pupil's parent. Availability is
comparable as to public schools, limited only to the extent funds are appropriated by
the general assembly. (The Iowa General Assembly allocated $664,165 for this
purpose in 2007–08 and set a limit of $20 per pupil.) Iowa Code §301.1.
Testing
School districts and area education agency boards shall provide school testing to
children attending nonpublic schools in the same manner and to the same extent
provided to public school students. Iowa Code §256.12.2.
Special Education
―Area Education Agencies shall provide educational and special education services to
accredited nonpublic schools and may provide other services, at the discretion of the
State Regulation of Private Schools—Iowa
93
AEA, and may charge a user fee for the non-mandatory services.‖ Iowa Code
§§273.2, 273.3(19), 257.37.
School districts and area education agency boards shall provide special education
services; diagnostic services for speech, hearing and psychological purposes;
remedial education programs; and guidance services to children attending nonpublic
schools in the same manner and to the same extent provided to public school students.
Iowa Code §256.12.2.
Nursing and Health
School districts and area education agency boards shall provide health services to
children attending nonpublic schools in the same manner and to the same extent
provided to public school students. Iowa Code §256.12.2.
Nonpublic schools may operate school lunch programs with appropriated state funds
but are not required. Meals served under the program must be nutritionally adequate.
Iowa Code §283A.10. Iowa Admin. Code R. 281-58.1
Technology
State accredited private school students attending school within the local educational
agency‘s boundaries may be served with media and educational services through
Iowa's area 10 education agencies. Iowa Code §§ 273.2, 273.3.19, 257.37.
Accredited or approved nonpublic schools are included in Iowa's Board of Education
plans for the use of telecommunications as an instructional tool. Representatives of
nonpublic schools serve on an advisory committee to make recommendations to the
state board. Iowa Code §256.7.9.
Professional Development
Nonpublic schools teachers may be eligible for science and math loan repayment
programs run by the College Student Aid Commission. Iowa Code §261.54.
Certain nonpublic schools teachers are eligible for teacher shortage forgivable loan
repayment program fund by the College Student Aid Commission. Iowa Code
§261.111.
To meet the needs of staff, professional development activities should: align with
school achievement goals; be based on student achievement and staff needs; deliver
research-based instructional practices; and the board annually budgets specified funds
to implement the professional development plan. Iowa Admin. Code R. 281-
12.7(2)(a), (b).
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The sales price of all goods, wares, or merchandise, or services, used for educational
purposes sold to any private nonprofit educational institution is tax exempt. For the
purpose of this subsection, "educational institution" means an institution which
primarily functions as a school, college, or university with students, faculty, and an
established curriculum. Iowa Code §423.3(17).
State Regulation of Private Schools—Iowa
94
Public Aid for Private Education
Constitutional provisions: "The general assembly shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; nor shall any person
be compelled to attend any place of worship, pay tithes, taxes, or other rates for
building or repairing places of worship, or the maintenance of any minister, or
ministry." Iowa Constitution, Art. I, § 3.
Programs for financial assistance for attendance at private schools:
Iowa has two such programs.
1) Education Tax Credits allows parents and students in accredited public or private
schools in Iowa to receive tax credits for tuition and textbook expenses. This credit
does not apply to expenses related to teaching religious tenets, doctrine, or worship.
The amount of credit allowed is 25 percent of the amount expended up to $1,000 per
dependent. Iowa Code §422.12.
2) Individualized School Tuition Organization Tax Credit makes taxpayers that
voluntarily contribute to a qualified ―school tuition organizations‖ eligible to receive
an individual income tax credit. The credit is 65 percent of the value of the
contribution. The contributing taxpayer is not allowed to specify which students
receive the scholarships. A ―school tuition organization‖ is qualified if it is a
nonprofit organization that supports private school scholarships. A student eligible to
receive the scholarship family‘s annual incomes cannot exceed an amount equal to or
three times the most recent published federal poverty guidelines. The statewide
aggregate amount of tax credit allowed is $7.5 million in 2008. Iowa Code §701-
42.30(422).
Homeschooling
Home instruction satisfies compulsory attendance requirements as “Competent
private instruction.” The Iowa Code defines this term as ―private instruction
provided on a daily basis for at least 148 days during a school year, to be met by
attendance for at least 37 days each school quarter, by or under the supervision of a
licensed practitioner in the manner provided under section 299A.2, or other person
under section 299A.3, which results in the student making adequate progress.‖ Iowa
Code §299A.1.
If a parent or legal guardian of is providing the private instruction then he or she must
submit an annual report including the lesson plans, a portfolio pf the students work,
and assessment evaluations to the school district and Iowa Department of by June 30
as well as ensure the instruction is evaluated annually to determine the child is
achieving adequate progress. Iowa Code §§ 299A.3-4(7).
A parent or legal guardian must file a report with the resident district by the first day
of school or within 14 days of beginning homeschooling if begun mid-school year.
The report must include name and address of parent or guardian; name and birth date
of the child; number of days of instruction (minimum of 148); name and address of
the person providing the instruction and an indication of whether or not the instructor
holds a valid Iowa practitioner license or teaching certificate appropriate to the age
and grade level of the child; outline of the courses of study; texts to be used; evidence
of immunization; indication of whether dual enrollment is being sought; whether or
State Regulation of Private Schools—Iowa
95
not the child is currently identified as a child needing special education; and an
indication of which form of annual assessment is being administered. Iowa Code
§281.31.2.1.
A parent or legal guardian desiring dual enrollment must notify the district of
residence not later than September 15. A child under dual enrollment may participate
in academic or instructional programs or any extra-curricular activities in the district
on the same basis as any regularly enrolled student. Iowa Code §281.31.5.
When a parent or legal guardian provides private instruction without the assistance or
supervision of a validly licensed Iowa practitioner, the child is subject to initial
baseline testing and an annual evaluation. Standardized testing or portfolio
assessment may be chosen. Dual enrolled students may be tested as part of the public
school testing program. Iowa Code §281.31.7.
If the results of the evaluations indicate that the student has failed to make adequate
progress, the parent or legal guardian must enroll the child in an accredited public or
nonpublic school at the beginning of the next school year and shall continue
attendance at an accredited public or nonpublic school until adequate progress is
achieved. Iowa Code §299A.6.
When a child has been identified as currently requiring special education, the child is
eligible to receive home instruction with the written approval of the director of
special education of the area education agency of the child‘s district of residence.
Iowa Code §281.31.9.
Information resources
Iowa Department of Education: Nonpublic School Accreditation
<http://www.iowa.gov/educate/index.php?option=com_content&task=view&id=482
&Itemid=1214>
Iowa Department of Education: Competent Private Instruction (Homeschooling)
<http://www.iowa.gov/educate/index.php?option=com_content&view=article&id=30
1:competent-private-instruction-home-schooling&catid=180:options-for-educational-
choice&Itemid=1335>
Iowa General Assembly <http://www.legis.state.ia.us/?inpMulti=SF+2216>
Iowa Department of Education: Iowa Core Curriculum
<http://www.corecurriculum.iowa.gov/Home.aspx>
Iowa Department of Education: Nonpublic Textbook Services
<http://www.iowa.gov/educate/index.php?option=com_content&view=article&id=14
41:nonpublictextbookservices&catid=48:school-business-a-finance&Itemid=2436>
Iowa Department of Education
Grimes State Office Building
400 East 14th Street
Des Moines, IA 50319-0146
Phone: 515-281-3436
Fax: 515-281-4122
Web site: http://www.iowa.gov/educate
U.S. Department of Education, Iowa
Updated December 1, 2008
96
KANSAS
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Kansas Board of Education accredits public and nonpublic elementary
and secondary schools. K.S.A. §72-7513(a)(3).
Accreditation regulations can be found at Kansas Administrative Regulations
(K.A.R.) 91-31-31 et seq.
Registration is mandatory.
Registration is mandatory for nonaccredited private schools. The official
custodian of every nonaccredited private elementary or secondary school must
register the name and address of the private elementary or secondary school
with the Kansas Board of Education. The purpose of this provision is to make
available the name and location of the school for the request of student
records in the event of a student transfer K.S.A. §§72-53,101; 72-53,102.
No requirements for Licensing.
Approval is optional.
Approval by the Kansas Board of Education is mandatory for the education
provided at the high school level by churches or religious denominations to
satisfy the Kansas compulsory attendance statute. K.S.A. 2007 Supp. §72-
1111(f).
Approval is granted for a two-year period based on the following criteria: 1)
attendance is mandatory in at least five hours of learning activities for each
day the public school is in session in the public school district where the child
resides; 2) acceptable learning activities may include parent-supervised-
projects in agriculture and homemaking, work-study programs or accredited
correspondence courses; 3) the program includes at least 15 hours per week of
classroom work under the supervision of a competent instructor; 4) regular
attendance reports must be filed, and students reported as absent if they do not
complete five hours of learning activities; 5) students file written reports that
are regularly evaluated by the instructor regarding the activities they have
pursued between class meetings; 6) the instructor maintains complete records
of the students‘ work and files the records on a monthly basis with the Kansas
State Board of Education and the local board of education. K.S.A. 2007 Supp.
§72-1111(f).
Teacher Certification
Teacher certification is not required for teachers and administrators of nonaccredited
private schools as long as they are ―competent instructors.‖ K.S.A. 2007 Supp. §72-
1111(a)(2).
Teacher certification from the Kansas State Board of Education is required for
teachers and administrators employed at accredited nonpublic schools. K.S.A. §72-
7513(a)(4) and K.A.R. § 91-31-32(c)(5).
State Regulation of Private Schools—Kansas
97
Accredited nonpublic schools are under a statutory duty to adopt a written personnel
evaluation policy and procedure for certified personnel. The policy must require all
evaluations to be in writing and be maintained in a file for at least three years. Every
employee must be evaluated at least one time per semester in the first two consecutive
school years of employment, but not later than the 60th day. During the third and
fourth years of employment, evaluations must occur annually, but not later than
February 15. Thereafter, evaluations must occur at least once every three years but
not later than February 15. K.S.A. 2007 Supp. §72-9003.
Length of School Year/Days
To satisfy the Kansas compulsory attendance statute, private schools must offer
instruction for a period of time which is ―substantially equivalent‖ to the period of
time public schools are open (1,116 hours per year for grades 1–11 and 1,086 hours
per year for grade 12). K.S.A. §72-1106(b).
Curriculum
Every accredited elementary school must teach reading, writing, arithmetic,
geography, spelling, English grammar and composition, history of the United States
and of Kansas, civil government and citizenship, health and hygiene, and other
subjects as the state board determines. K.S.A. §72-1101.
Accredited private and parochial elementary schools are required to provide a
complete course of instruction in civil government, United States history, patriotism
and citizenship. Accredited private and parochial high schools must give a course of
instruction in the government and institutions of the United States, particularly the
Constitution of the United States. No student can graduate from high school without
successfully passing such a course. K.S.A. §72-1103.
Private or parochial schools have a duty to display the United States flag and official
state flag every school day from a flagstaff or in inclement weather within the school
building. K.S.A. §73-707; K.S.A. §73-712.
It is a defense to the criminal act, promoting obscenity, that the obscene material was
acquired by the private or parochial school and distributed as part of an approved
course of instruction at the school. K.S.A. §21-4301(d)(3).
Accredited schools in Kansas must provide instruction on Kansas history and
government to all students graduating from high school. K.S.A. §72-1117.
Every accredited school shall teach the subjects and areas of instruction adopted by
the state board of education as of Jan. 1, 2005. K.S.A. 2007 Supp. §72-1127(a).
Recordkeeping/Reports
The governing authority of a nonpublic school must designate an employee to report
students who are not regularly attending school as required by law. The designation
must be made by September 1 and certified to the secretary of social and
rehabilitative services, the county or district attorney, and the commissioner of
education, or their designee, within 10 days. If a student is absent without excuse for
three consecutive school days, five or more school days in any semester, or seven
school days in any school year, the nonpublic school shall notify the parents of their
State Regulation of Private Schools—Kansas
98
legal responsibility, and if an appropriate response is not received, file a report of the
absences with the above authorities. K.S.A. 2007 Supp. §72-1113(a).
Every nonpublic school operating within Kansas must require proof of identity,
preferably a birth certificate or pupil records from a prior school, whenever a child
enrolls in a school for the first time. If proof of identity is not presented within 30
days, the governing authority must give written notice to the local law enforcement
agency for an investigation into the identity of the child. Persons with custody of the
child must not be informed of the investigation while it is being conducted.
Nonpublic schools are under a statutory duty to cooperate with the law enforcement
agencies conducting the investigation and to provide access to the child. K.S.A. 2007
Supp. §72-53,106.
Accredited nonpublic schools, their governing bodies, and their employees are
immune from civil liability for any statement, report, or action taken in assisting or
referring a pupil reasonably believed to be abusing or incapacitated by drugs or
alcohol unless the report was made in bad faith or with malicious purpose. K.S.A.
2007 Supp. §72-53,104.
The governing authority of a nonpublic school must adopt rules for determining valid
excuses for absence from school. K.S.A. 2007 Supp. §72-1113(c)(2), (g).
Health and Safety Requirements
Every pupil up to the age of 9 years who has not been previously enrolled in any
Kansas school must present the results of a health assessment prior to admission to or
attendance in school. A health assessment includes a health history, physical
examination and such screening tests as are medically indicated to determine hearing
ability, vision ability, nutrition adequacy and appropriate growth and development.
Before the beginning of each school year, nonpublic schools must provide all known
incoming students who are subject to this provision with a copy of any governing
policy adopted by governing body of the nonpublic school. Parents are exempt if they
are opposed to the assessment based on the religious teachings of their denomination
and file a signed statement to that effect. Local health departments and clinics may
charge a sliding fee for the health assessment, but no pupil can be denied the health
assessment due to inability to pay. K.S.A. §72-5214.
Private school students enrolling for the first time must present certification that they
have received the tests and inoculations as required by the secretary of the Kansas
Department of Health and Environment. Alternatively, a student may present medical
certification that the test or inoculation would seriously harm their health or a written
statement that the student is an adherent of a religious denomination whose teachings
are opposed to such tenets or inoculations. On or before May 15 of each school year,
private schools must give a copy of this provision and any relevant school policy to
all known pupils who are enrolled or will be enrolling in the school. If a pupil
transfers schools, the school must forward the certification or statement with the
pupil's transcript to the new school. The area health department will provide tests and
inoculations at public expense, to the extent that funds are available, when parent or
guardians have not provided for the pupils and are not exempt on religious or medical
grounds. K.S.A. §§72-5209–5210.
State Regulation of Private Schools—Kansas
99
Parochial and private school principals have a duty to exclude children affected with
diseases suspected of being infectious or contagious until the expiration of the
prescribed period of isolation for the particular disease. K.S.A. §65-122.
All private schools must provide a basic vision screening without charge to every
pupil not less than once every two years. The school board must designate someone
to perform the test and notify parents or guardians if an examination by a physician or
optometrist is warranted. K.S.A. §§72-5204–5205.
Students enrolled in accredited nonpublic schools are entitled to free basic hearing
screenings during the first year of admission and not less than once every three years
thereafter. The child must be provided a basic hearing screening by the accredited,
nonpublic school or, if requested by the child‘s parents, by the school district where
the child resides. If the parents request the public school district to provide the
screening, it will be conducted at the nonpublic school if the nonpublic school is
located within the school district where the child resides. However, the screening
must be conducted at a public school within the district where the child resides if the
accredited, nonpublic school is located outside the school district where the child
resides. K.S.A. §72-1205. See Nursing and Health, below.
Private and nonpublic schools are subject to annual safety inspections. The state fire
marshal will notify the school of any dangerous conditions that require correction.
Schools may petition for review in the local district court if they disagree with the fire
marshall's assessment. K.S.A. §31-144.
Administrators of private schools are required to conduct at least one fire drill each
month at some time during school hours as prescribed by the state fire marshall. In
addition, private schools are required to conduct at least three tornado drills during
the school year subject to the fire marshall's approval. K.S.A. 2007 Supp. §31-
133(a)(5), (8).
Smoking or the use of tobacco products in school buildings is prohibited. K.S.A. §72-
53,107.
Private school buildings must comply with applicable building, mechanical, electric
and plumbing codes. In addition, the construction of all school buildings must be
accessible to persons with a disability to the extent required by the Americans with
Disabilities Act. All school building construction plans must bear the seal of a
licensed architect or engineer and must be submitted to the State Board of Education
for approval. K.S.A. 2007 Supp. §31-150.
It is a violation of the Kansas criminal code to possess a firearm on the property of an
accredited nonpublic school or to refuse to surrender or immediately remove any
firearm when requested to do so by a school employee. K.S.A. §21-4204(a)(5) & (6).
Under Kansas' criminal code, it is a felony for persons over 18 years of age to possess
a controlled substance with intent to sell on or within 1,000 feet of any property used
for an accredited nonpublic school or extracurricular school activity. K.S.A. 2007
Supp. §65-4161(d).
No liquor retail, microbrewery, or farm winery license may be issued for premises
within 200 feet of a parochial school, unless the school was established within 200
feet of the premises after the license had been issued. K.S.A. 2007 Supp. §41-710.
Students and teachers in private schools working in specified activities in vocational,
technical or industrial art shops or laboratories or chemical-physical laboratories are
State Regulation of Private Schools—Kansas
100
required to wear appropriate industrial quality eye protective devices. K.S.A. §72-
5207.
Transportation
Students of accredited private or parochial schools are entitled to transportation along
the regular route of the school bus if transportation is provided to public school
students. Public school districts may also provide additional transportation for
students of accredited private or parochial schools located within the public school
district. Such additional transportation is based on the public school district‘s
discretion. The terms and conditions must be the same for public and nonpublic
students. K.S.A. §72-8306.
The board of a public school district may contract with the governing body of any
nonpublic school for the transportation of the nonpublic school‘s students to or from
interschool or intraschool activities. K.S.A. 2007 Supp. §72-8316(a)(2).
Privately owned school buses operated under contract with a nonpublic school must
comply with state rules and regulations adopted by the state board of education which
govern the design and operation of school buses. K.S.A. §8-2009.
Textbooks
Public schools are not obligated to make textbooks or academic materials available to
nonpublic school students. However, the public school district may allow students
attending accredited nonpublic schools to purchase textbooks from the public school
district. K.S.A. §72-4160.
Testing
Testing requirements are not placed on nonaccredited private schools.
Accredited schools must have 95 percent or more of all students and 95 percent or
more of each student subgroup take the state assessments. K.A.R. 91-31-32(b)(2).
Special Education
Local school boards education for the public school districts have the authority to
contract with any private, nonprofit corporation or public or private institution within
or without Kansas, which has proper special education services for exceptional
children. The state board of education shall approve the curriculum. K.S.A. §72-
967(a).
Upon the request of a parent or guardian, every public school district must provide
special education services for exceptional children who reside in the district and
attend a private, nonprofit elementary or secondary school. K.S.A. §72-5393.
If such special education services are provided in the public schools they must be
provided secondary schools on an equal basis as the same services are provided to
public school students. If such special education services are provided at the private,
nonprofit school, amounts to be expended do not have to exceed the average cost of
providing the same services in the public school for children with the same disability.
K.S.A. §72-5393.
Private, nonprofit elementary or secondary schools are defined as organizations
regularly offering elementary or secondary education, exempt from federal income
State Regulation of Private Schools—Kansas
101
tax under §501 of the Internal Revenue Code, conforming to the Civil Rights Act of
1964, and satisfying compulsory school attendance laws. K.S.A. §72-5392(c).
If services for exceptional children must be provided in the public schools, then
transportation must be provided by the public school district. K.S.A. §72-5392.
Nursing and Health
Nonpublic schools may participate in the federal food service programs that are
administered by the state board of education and receive reimbursement for meals
served. K.S.A. §72-5112 et seq.
―Every pupil enrolled in a school district or an accredited nonpublic school shall be
provided basic hearing screening without charge during the first year of admission
and not less than once every three years thereafter.― K.S.A. §72-1205. See Health and
Safety Requirements.
Technology
Nonpublic schools may take advantage of computerized information search services
provided through the state library and through the state board of education. K.S.A.
§§72-7527; K.S.A. 75-2563.
Professional Development
Kansas provides for nonpublic school representation on the Teaching and School
Administration Professional Standards Advisory Board. By statute, two members of
the 21-member board come from accredited, nonpublic schools. K.S.A. §72-
8502(d)(8)(9).
Reimbursement for Performing State/Local Functions
Students attending accredited nonpublic schools and enrolled in an approved course
in driver training offered at the school may participate in the state safety fund and
receive remuneration for their expenses if the student completes the course. K.S.A.
2007 Supp. §8-272.
Tax Exemption
Property used exclusively for educational purposes is exempt from property taxation
in Kansas. Kansas Constitution, 2007 Supp. Art. 11, Sec. 1.(b); K.S.A. 2007 Supp.
§79-201.
Public Aid for Private Education
Constitutional Provisions: The Kansas Constitution prohibits any control of the
public educational funds by religious sects. Kansas Constitution, Art. 6, Sec. 6.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
Kansas does not have a homeschool statue, but the Kansas legislature enacted a
Parental Rights Act in 1996 stating, ―It shall be the public policy of this state that
State Regulation of Private Schools—Kansas
102
parents shall retain the fundamental right to exercise primary control over the care
and upbringing of their children in their charge. K.S.A. §38-141(b).
Homeschooling falls within the general classification of nonaccredited, private
schools and must comply with the provisions for non-accredited, private schools.
This requires the school to choose a name and register its name and address with the
Kansas State Board of Education. K.S.A. §72-53,101.
In order to satisfy the compulsory attendance statute, a homeschool must have a
―competent‖ instructor and instruction time must be ―substantially equivalent‖ to t he
public school (1,116 hours per year for grades 1-11 and 1,086 hours per year for 12
graders). K.S.A. §72-1106(b); K.S.A. 2007 Supp. §72-1111(a)(2).
As nonaccredited private schools, homeschools must have instruction that is planned
and scheduled with periodic testing. When determining if a homeschool satisfies the
compulsory attendance statute, Courts will consider the planning, scheduling, and
periodic testing that occurs. If a homeschool does not satisfy the compulsory
attendance statute, children can be found to be in need of care and subject to the
authority of the State. In Re Sawyer 234 Kan. 436, 672 P.2d 1093 (1983; Kansas
Attorney General Opinion No. 85-159 (1985).
Information resources
Kansas Department of Education: Non-Accredited Private Schools (Homeschooling)
<http://www.ksde.org/Default.aspx?tabid=1684>
Kansas Department of Education: QPA Regulations 2005
<http://www.ksde.org/Default.aspx?tabid=1787>
Kansas Legislature: Statues
<http://www.kslegislature.org/legsrv-statutes/index.do>
Kansas Department of Education
120 South East 10th Avenue
Topeka, KS 66612-1182
Phone: 785-296-3201
Fax: 785-296-7933
Web site: http://www.ksde.org/
U.S. Department of Education, Kansas
Updated December 16, 2008
103
KENTUCKY
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Kentucky does not have an accrediting agency at the state department;
however, nonpublic schools can be certified based on the accreditation of a
recognized regional or national accrediting agency or by a self-study
accreditation process through the Kentucky Nonpublic School Commission.
Ky. Rev. Stat. Ann. §156.160(3).
No requirement for Registration.
Licensing is optional.
Kentucky law provides optional certification for private, parochial, and church
schools that comply with curriculum, certification, and textbook standards
established by the Kentucky Board of Education. Ky. Rev. Stat. Ann.
§156.160(3).
Certification is a form of licensing in Kentucky.
Approval is optional.
Pupils completing the prescribed elementary program of studies at any
approved private or parochial school are entitled to a certificate of completion
signed by his or her teachers. The certificate entitles the pupils to admission
into any public high school. Ky. Rev. Stat. Ann. §158.140.
Approval is synonymous to certification in Kentucky law. See Licensing.
Teacher Certification
Teacher certification is not required for teachers at private schools.
Length of School Year/Days
The school term for private and parochial schools may not be shorter than the term of
the local public school district; if the school operates year-round then the minimum
term is 185 days that includes no less than the equivalent of 177 six-hour instructional
days. Ky. Rev. Stat. Ann. §§158.070,158.080.
Curriculum
Instruction at private and parochial schools must be in the English language.
Private and parochial schools must offer courses required to be taught in the public
schools of the state, consistent with Ky. Rev. Stat. Ann. §156.445(3). Ky. Rev. Stat.
Ann. §158.080.
The state textbook commission approves text materials for private and parochial
schools for certification purposes if texts are comprehensive and appropriate to the
grade level in question, notwithstanding they may contain elements of religious
philosophy. Ky. Rev. Stat. Ann. §156.445(3).
Proprietary schools, i.e. privately owned educational institutions offering instruction
in business, trade, technical, industrial, or related areas, but not including parochial,
State Regulation of Private Schools—Kentucky
104
denominational, or eleemosynary schools, are subject to state minimum standards.
The standards cover, but are not limited to, the school's facilities, quality and content
of courses, qualifications of instructors and administrators, and finances. Student and
faculty records must be available for inspection. Ky. Rev. Stat. Ann. §§165A.310,
165A.370.
If an unmarried child between the age of 16 and 18 wishes to terminate his education
prior to graduation, the principal or designee must conduct a conference with the
student and request a conference with the child's parent or guardian. The parent or
guardian must sign a written notification of withdrawal, co-signed by the school
principal/designee 60 days prior to withdrawal. During the 60-day period, the parent
or guardian and child are required to attend a one-hour counseling session on
potential problems of non-graduates. Ky. Rev. Stat. Ann. §159.010(2).
Voter registration forms are available to private schools upon request from the county
clerk. The school may designate an individual to inform students and employees of
the availability of the forms and assist them in properly registering. The completed
forms must be returned to the county clerk for official registration. Ky. Rev. Stat. Ann.
§116.046.
Recordkeeping/Reports
Private and parochial schools are required to report to the local school district
superintendent the names, ages, and places of residence of all pupils and any other
information the superintendent requires to comply with the laws relating to the
compulsory attendance and employment of children. Ky. Rev. Stat. Ann. §159.160.
If a private, parochial or church regular day school declines to notify the local board
of education of those students in attendance, the school must notify each student's
parent or guardian in writing and it becomes the duty of the parent or guardian to
notify the local board of education. Ky. Rev. Stat. Ann. §159.030(1)(b).
Private and parochial schools must keep student attendance records in a register
provided by the state board for elementary and secondary education. The schools
must make attendance and scholarship reports in the same manner as required of
public school officials. Ky. Rev. Stat. Ann. §159.040.
The schools must be open to inspection by the directors of pupil personnel and
officials of the department of education at all times. Ky. Rev. Stat. Ann. §159.040.
Health and Safety Requirements
Persons smoking tobacco products on school grounds while children are assembled
will be fined not less than $1 nor more than $5, except adult employees smoking in a
designated room or individuals smoking in designated areas in secondary schools. Ky.
Rev. Stat. Ann. §438.050.
If the local board of health or Cabinet for Health and Family Services determines a
school building is unsanitary, unsafe, or constructed in violation of the law, the local
board of health or Cabinet of Health and Family Services ―may institute an action in
the Circuit Court of the county where the building is situated, and the court, after due
hearing and verifying the facts, may order a safe and sanitary school building to be
erected within a reasonable time by the county or city board of education in
accordance with the laws of the state governing the erection of schoolhouses and the
State Regulation of Private Schools—Kentucky
105
control of disease, and the rules and regulations of the Cabinet for Health and Family
Services.‖ Ky. Rev. Stat. Ann. §212.210.
The Asbestos Hazard Emergency Response Act includes provisions that require
procedures to identify and control asbestos hazards in private schools, grades K–12,
reviewing school asbestos management, and inspections of schools for compliance.
Ky. Rev. Stat. Ann. §224.20-300.
The Kentucky Department of Education operates a program to identify and locate
missing children. By statute, the department must distribute a list of missing
Kentucky school children to private schools monthly. Private schools must notify the
department at its earliest known contact with any child appearing on the list. Ky. Rev.
Stat. Ann. §156.495.
Transportation
School districts that contract to furnish transportation to students attending nonpublic
schools may adopt any payment formula which assures that no public school funds
are used for the transportation of nonpublic students. Ky. Rev. Stat. Ann. §157.360(2).
Textbooks
Kentucky's statutory provision, Ky. Rev. Stat. Ann. §171.215, furnishing textbooks to
nonpublic schools, was found unconstitutional by the Kentucky Supreme Court.
Fannin v. Williams, 655 S.W.2d 480 (1983).
Testing
There is no state policy at this time.
Special Education
Kentucky publicly places students in private schools that maintain special education
programs approved by the Kentucky Board of Education if the local school district
does not provide a special education program for the exceptionality. Transportation
costs are included in the covered costs by the state. Ky. Rev. Stat. Ann. §157.280(1),
(2); 707 Ky. Admin. Regs.1:015.
Parochial and private schools occupied by more than 250 persons or occupying 3,200
or more square feet must be accessible to and usable by persons with physical
disabilities. Ky. Rev. Stat. Ann. §198B.260(e).
Nursing and Health
All public or private primary or secondary schools, and preschool programs shall
require a current immunization certificate for any child enrolled as a regular attendee,
as provided by administrative regulation of the Cabinet for Health and Family
Services, promulgated under Ky. Rev. Stat. Ann. Chapter 13A, to be on file within two
(2) weeks of the child's attendance. Ky. Rev. Stat. Ann. §214.034.
All public or private primary schools shall require a current immunization certificate
for hepatitis B for any child enrolled as a regular attendee in the sixth grade, as
provided by administrative regulation of the Cabinet for Health and Family Services,
promulgated under Ky. Rev. Stat. Ann. Chapter 13A, to be on file within two (2)
weeks of the child's attendance. Ky. Rev. Stat. Ann. §214.034.
State Regulation of Private Schools—Kentucky
106
Technology
―Nothing in Kentucky Revised Statutes §§339.210–339.450 shall prevent the use of
suitable machinery for instruction in schools where the mechanical arts are taught in
connection with and as part of the usual school curriculum. The use of such
machinery in any public or private school shall be subject to the approval of the board
of education of the district where the school is situated, and shall be subject to the
general industrial safety standards as to supplying safeguards for the protection of
those using such machinery.‖ Ky. Rev. Stat. Ann. §339.430.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Nonprofit educational institutions are exempt from taxation. Kentucky Constitution
Sec. 170, 186.
Public Aid for Private Education
Constitutional provisions: Kentucky's Constitution prohibits the appropriation, use,
or aid of any church, sectarian or denominational school through state taxes levied for
educational purposes. Kentucky Constitution Sec. 189.
Kentucky's Constitution provides that the common school (public school) fund be
appropriated to the public schools and to no other purpose. Kentucky Constitution
Sec. 184, 186.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
Parents have the prerogative to choose the education of their child. Kentucky State
Board for Elementary and Secondary Education V. Rudasill, Ky. 589 S.W. 2 877
(1979).
Homeschools are defined as nonpublic schools in Kentucky. Ky. Rev. Stat. Ann.
§159.030.
Parents wishing to educate their child at home must first establish a bona fide school,
notify the local superintendent of schools that they have established this school, and
report the names, ages and place of residence for each pupil in attendance at the
school. Because homeschools are considered private schools in Kentucky, private
school laws apply equally to homeschools. Ky. Rev. Stat. Ann. §159.160.
The curriculum is to be similar with the courses taught in the public schools of the
state, consistent with Ky. Rev. Stat. Ann. §156.445(3). This is interpreted to at least
include reading, writing, spelling, grammar, history, mathematics and civics. Ky.
Rev. Stat. Ann. §158.080.
State Regulation of Private Schools—Kentucky
107
The school term nonpublic schools, including home instruction, may not be shorter
than the term of the local public school district; if the school operates year-round then
the minimum term is 185 days. Ky. Rev. Stat. Ann. §§158.070, 158.080.
The homeschool parent must keep student attendance records and be open to
inspection by the Kentucky Department of Education and Kentucky Cabinet for
Children and Families. Ky. Rev. Stat. Ann. §159.040.
If an inspection does occur the personnel visiting a homeschool is to be neutral with
the purpose of determining compliance with compulsory attendance law and not
evaluating the quality of instruction. Ky. Rev. Stat. Ann. §159.040
Information resources
Kentucky Department of Education: Kentucky Constitution and Statutory
Requirements for Non-Public Schools
<http://www.education.ky.gov/KDE/About+Schools+and+Districts/Kentuckys+Scho
ols+and+Districts/Constitution+and+Statutory+Requirements+for+Non+Public+Scho
ols.htm>
Kentucky Department of Education: Certified Non-Public Schools in Kentucky
<http://www.education.ky.gov/KDE/About+Schools+and+Districts/Kentuckys+Scho
ols+and+Districts/Certified+NonPublic+Schools.htm>
Kentucky Department of Education: Home Schooling in Kentucky
<http://www.education.ky.gov/KDE/About+Schools+and+Districts/Home+Schooling
+in+Kentucky/>
Kentucky Revised Statutes
<http://lrc.ky.gov/krs/titles.htm>
Kentucky Department of Education
First Floor
500 Mero Street
Frankfort, KY 40601
Phone: 502-564-2000
Fax: 502-564-3049
E-mail: webmaster@education.ky.gov
Web site: http://www.education.ky.gov
U.S. Department of Education, Kentucky
Updated December 15, 2008
108
LOUISIANA
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is mandatory.
If a nonpublic school chooses not to seek state approval the school must
register with the state in order to be in compliance with Louisiana‘s
compulsory attendance law. La. R.S. Ann. §17:232(C) and (D).
To register a nonpublic school must submit a signed letter, include the name
of the school, contact information, and total number of students enrolled to the
Department of Education by the thirtieth day after the school session begins.
La. R.S. Ann. §17:232(C)
No requirements for Licensing.
Approval is optional.
The Louisiana Board of Elementary and Secondary Education approves any
private elementary, secondary, or proprietary school upon application, if such
school meets and maintains a sustained curriculum or specialized course of
study of quality at least equal to that prescribed for similar public schools. La.
Const. Art. VIII, § 4; La. R.S. Ann. §17:11.
After initial approval the board will annually determine whether the private
school is maintaining such quality, and if not, shall discontinue approval of
the school. La. R.S. Ann. §17:11.
A school can be classified ―approved‖, ―provisionally approved‖ if there are
minor deficiencies in meeting state requirements, ―probationally approved‖ if
the school has more serious deficiencies, or ―unapproved.‖ Schools are
evaluated annually. A school that is provisionally or probationally approved
for more than one consecutive year loses its approved status and its eligibility
for state funding. Louisiana Department of Education Bulletin 741:
Louisiana Handbook for Nonpublic School Administrators §107.
All certificates and diplomas issued by an approved private school shall carry
the same privileges as one issued by a state public school. La. R.S. Ann.
§17:11(C). Louisiana Department of Education Bulletin 741: Handbook for
School Administrators §2111(D).
Teacher Certification
To be classified as a school under the General School Law provisions, the
instructional staff of a nonpublic school receiving local, state, or federal funds or
support, directly or indirectly, must be qualified in accordance with the rules
established by the Board of Elementary and Secondary Education. If the school does
not receive public aid, directly or indirectly, the instructional staff must meet such
requirements as may be prescribed by the school or the church. La. R.S. Ann.
§17:236.
State Regulation of Private Schools—Louisiana
109
Instructional staff at nonpublic schools must meet one of the three following criteria:
hold a valid Louisiana teaching certification for the courses he or she instructs;
qualify to teach in a nonpublic school by having a bachelor‘s degree from a regionally
accredited institution, have a college major or equivalent in the area of instruction,
earn 12 semester hours of Knowledge of the Learner and the Learning Environment;
or obtain a one year Nonpublic Temporary Teaching Authorization (NTTA) issued by
the Louisiana Department of Education or diocesan superintendent for schools within
the diocesan system. Louisiana Department of Education Bulletin 741: Louisiana
Handbook for Nonpublic School Administrators §303.
Length of School Year/Days
To be classified as a school under the General School Law provisions, the institution
must operate a minimum session of 180 days. La. R.S. Ann. §17:236.
Curriculum
State approval of a nonpublic school is dependent on whether the school meets and
maintains a sustained curriculum or specialized course of study of quality at least
equal to that prescribed for similar public schools. La. R.S. Ann. §17:11.
A minimum of 23 credits is required for high school graduation. The requirements
are: four units of English, three units of mathematics, three units of science, three
units of social studies, two units of health and physical education, and eight units of
electives (a maximum of four credits in religion. Specific details of these
requirements can be found is Louisiana Department of Education Bulletin 741:
Louisiana Handbook for Nonpublic School Administrators §2109.
No more than 35 students can be enrolled in one class except for physical education,
art, music, etc. Louisiana Department of Education Bulletin 741: Louisiana
Handbook for Nonpublic School Administrators §707.
Recordkeeping/Reports
Nonpublic schools must keep registration and attendance records of students and
maintain a current permanent record of the student‘s individual data and progress
through school. Louisiana Department of Education Bulletin 741: Louisiana
Handbook for Nonpublic School Administrators §505.
Nonpublic schools must maintain a health record for each student from pre-
kindergarten to grade 12. Louisiana Department of Education Bulletin 741:
Louisiana Handbook for Nonpublic School Administrators §519.
A nonpublic school is required to submit a school report to the State Department of
Education by October 15 each year. Louisiana Department of Education Bulletin
741: Louisiana Handbook for Nonpublic School Administrators §527.
Upon entering a private school for the first time, all children must present a copy of
their official birth record to the school principal. Children born in Louisiana will be
given a 15-day grace period to secure a copy of their birth record. Children born out
of this state will be given a 30-day grace period in which to produce a copy of their
birth record. If birth certificates or birth verification cannot be obtained, the school
principal may accept whatever positive proof of age, race, and parentage is available.
It is left to the discretion of the parish or city superintendent of schools, subject to the
State Regulation of Private Schools—Louisiana
110
authority of the school board, as to whether or not a child shall continue in school
upon failure to comply. La. R.S. Ann. §§7:167, 222.
Private schools that receive local, state, or federal funds, directly or indirectly, or
whose students or their parents are recipients or beneficiaries of any local, state, or
federal education program or assistance must cooperate with visiting teachers or
supervisors of child welfare and attendance. Principals must report in writing to the
visiting teacher or supervisor of child welfare and attendance the name, birth date,
race, parents, and residence of each pupil in attendance at their schools within 30 days
after the beginning of the school term and make other reports as required. Attendance
must be taken daily and at the beginning of each class period, verified by the teacher
keeping the record, and open to inspection. All schools must immediately report
unexplained, unexcused, or illegal absence, or habitual tardiness. La. R.S. Ann.
§17:232.A, B, C.
Private schools that do not receive local, state, or federal funds, directly or indirectly,
and neither students or parents are recipients or beneficiaries, are required to report to
the Louisiana Department of Education their total attendance as of the 30th day of
their school term. La. R.S. Ann. §17.232.C.
All schools in Louisiana must respond to the request of a city or parish public school
system as to whether an individual student is enrolled in the school and fulfilling the
compulsory attendance requirements. La. R.S. Ann. §17.232.D.
Approved nonpublic schools may receive upon request and without cost progress
profiles of their students at Louisiana colleges and universities. The performance data
includes a standard designation of students by age or by high school graduation date
and the program they completed in high school. The report includes information on
the number of students from each high school in each system requiring remedial
training and the subject matter of such training. La. R.S. Ann. §3912.C(3).
Health and Safety Requirements
Persons entering any school within Louisiana for the first time must present
satisfactory evidence of immunization or an immunization program in progress
according to the schedule approved by the Office of Public Health. If the student or
parent submits either a written statement from a physician that the procedure is
contraindicated for medical reasons or a written dissent, the student is not required to
be immunized. Administrators of all elementary and secondary schools are
responsible for checking students' records to see that these provisions are enforced. In
the event of an outbreak of a vaccine-preventable disease at the school, the
administrators are empowered to exclude unimmunized students until the appropriate
disease incubation period has expired or the unimmunized person presents evidence
of immunization. La. R.S. Ann. §17:170.
It is the duty of the state health officer to prepare and promulgate rules and
regulations relative to public and private schools. Plans and specifications for such
public and private building structures and facilities must be submitted to the state
health officer for review and approval. La. R.S. Ann. §40:4.
Under the Missing Children Identification Act, parents have the opportunity to have a
child identification card created by the local sheriff in cooperation with the
elementary schools. The identification card includes the child's photograph and
State Regulation of Private Schools—Louisiana
111
fingerprints and other identifying information. The card becomes the property of the
child's parent but is kept in the care and custody of the principal of the elementary
school that the child attends. The principal of each elementary school must request
parent notification forms from the local sheriff for entering students and anticipated
transfer students. The principal must deliver the forms to the parents for their consent
no less than two weeks prior to the scheduled identification process. The principal
retains all returned parent notification forms, whether granting or denying consent.
No cause of action lies against any principal for failure to comply. The sheriff will
send an identification officer to the elementary school at a time mutually agreed upon
between the sheriff and the principal. La. R.S. Ann. §40:2514-17.
Private schools may request the Department of Transportation and Development to
place directional signs to identify the location of their school. The Department will
erect and maintain each sign. The cost of the sign must be paid for in advance by the
requestor. La. R.S. Ann. §32:238.
Transportation
Parish and city school boards must provide free transportation for nonpublic school
students attending approved schools, providing the school does not discriminate on
the basis of race, creed, color, or national origin. If a parish or city school board
determines transportation by bus is impractical, not available, or unwarranted, the
board may utilize common carriers. If transportation is not provided by the parish or
city school by reason of economically justifiable reasons approved by the State Board
of Elementary and Secondary Education, the Department of Education will reimburse
the parent of any student who resides more than one mile from the school as funds are
appropriated by the legislature, but not more than $125 per student or $375 per
family. La. R.S. Ann. §17:158.
―If transportation is not provided by the public school board, parents of students
attending nonpublic schools shall be reimbursed for transportation, provided funds
are appropriated.‖ La. R.S. Ann. §17:158(C), (D), (H) Louisiana Department of
Education Bulletin 741: Louisiana Handbook for Nonpublic School Administrators
§1901.
Approved nonpublic schools may voluntarily pool their bids with city and parish
school boards for purchases of school buses and related equipment. The Department
of Education prepares bid forms and specifications, obtains quotations of prices, and
makes such forms and information available to school boards and any participating
nonpublic schools in order to facilitate this service. La. R.S. Ann. §158.3.
Contract drivers of all privately owned school buses transporting private school
students qualify for a refund of one-half of the gasoline tax and the special fuels tax.
La. R.S. Ann. §47:715.1.
The secretary of the department of revenue and taxation will make refunds of
gasoline taxes on gasoline used for operating any boat to transport children to or from
parochial schools.
Textbooks
City and parish school boards which disburse school library books, textbooks, and
other materials of instruction to nonpublic school students may submit to the
State Regulation of Private Schools—Louisiana
112
superintendent of education documentation to verify administrative costs and receive
reimbursement from the state. La. R.S. Ann. §17:353.
Secondary schools with more than 350 students must have a full-time librarian.
Secondary schools with fewer than 350 students must have a part-time librarian.
Louisiana Department of Education Bulletin 741: Louisiana Handbook for
Nonpublic School Administrators §1705.
Testing
Student assessment of private school students is optional.
Any approved nonpublic school that participates in the state Graduation Exit
Examination (GEE 21) shall award a state or school diploma to a student who
successfully completes the state's minimum graduation requirements and successfully
pass English or Language Arts and Mathematics and either Science or Social Studies
components of the examination. Any nonpublic school that opts to give the
graduation exit examination shall follow rules and regulations set by the State Board
of Elementary and Secondary Education. Any approved nonpublic school that does
not choose to administer the state graduation exit examination to its students may
grant a school diploma, which shall carry the same privileges as one issued by a state-
approved public school. The awarding of high school diplomas shall in no way effect
the school approval classifications of any school. Louisiana Department of
Education Bulletin 741: Handbook for School Administrators §2111
Special Education
Louisiana at times places exceptional students in nonpublic schools. Local education
agencies must apply to the state education agency for the authority to place children
with disabilities in programs other than public schools. The Office of Special
Education ensures that private schools serving exceptional children and receiving
funds establish uniform accounting and reporting procedures and meet minimum
requirements established by the Department of Education. Funds may be withheld
from nonpublic schools that do not comply with the intent of the law following a due
process hearing. La. R.S. Ann. §§17:1944(12), (16), (17), (19);1949.
Louisiana provides special education services to nonpublic school students. La. R.S.
Ann. §§17:1941–1956. The United States District Court for the Eastern District of
Louisiana has ruled that this statute, which allowed state-paid special education
teachers to teach on the premises of pervasively sectarian institutions, is
unconstitutional as applied. Helms v. Cody, No. 85-5533, 1994 U.S. Dist. Lexis 8206
(E.D. La. June 10, 1994).
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
State Regulation of Private Schools—Louisiana
113
Professional Development
―Regular and planned faculty meetings on professional issues shall be held.‖
Louisiana Department of Education Bulletin 741: Louisiana Handbook for
Nonpublic School Administrators §305.
The Louisiana State Board of Elementary and Secondary Education must appoint an
advisory committee of private and proprietary school representatives to advise and
counsel the board relative to standards and guidelines affecting these schools. La. R.S.
Ann. §17:11.
Reimbursement for Performing State/Local Functions
The superintendent of education annually reimburses approved nonpublic schools for
the actual cost incurred for providing school services, maintaining records and
completing and filing mandatory reports e.g. forms, reports or records relative to
school approval or evaluation, public attendance, pupil health and pupil health testing,
transportation of pupils, federally funded educational programs including school
lunch and breakfast programs, school textbooks and supplies, library books, pupil
appraisal, pupil progress, transfer of pupils, teacher certification, teacher continuing
education programs, unemployment, annual school data. La. R.S. Ann. §17:361. The
United States District Court for the Eastern District of Louisiana has ruled that this
provision is constitutional on its face, but unconstitutional as applied by the Louisiana
Department of Education. Helms v. Cody, No. 85-5533, 1994 U.S. Dist. Lexis 8206
(E.D. La. June 10, 1994).
Tax Exemption
Property owned by nonprofit corporations, organized and operated exclusively for
religious or educational purposes and exempt from federal and state income tax, are
exempt from ad valorem taxation. La. Const. Art. VII, § 21.
Public Aid for Private Education
Constitutional provisions: According to the Louisiana Constitution, the legislature
shall appropriate funds to supply free school books and other materials of instruction
prescribed by the State Board of Elementary and Secondary Education to the children
of the state. La. Const. Art. VIII, § 13.
Private schools that are racially segregated are ineligible for state assistance of any
kind, including textbooks, materials and transportation. Brumfield v. Dodd, 405 F.
Supp. 338 (E.D. La. 1977).
In 1970, the Louisiana Supreme Court ruled unconstitutional Louisiana's Secular
Educational Services Law, La. R.S. Ann. §17:1322–1324, that would have allowed
the superintendent of public education to purchase secular educational services from
nonpublic school teachers to be performed at nonpublic schools with public funds.
Seegers v. Parker, 241 So.2d 213 (1970).
Programs for financial assistance for attendance at private schools:
Louisiana has two such programs.
1) Student Scholarships for Educational Excellence Program became law in 2008 and
provides scholarships for New Orleans students from families with a family income
no greater that 250 percent of the federal poverty guidelines and enrolled in a
State Regulation of Private Schools—Louisiana
114
Recovery School District. Kindergarten through third-grade students are eligible to
receive the scholarship of an amount ―equivalent to ninety percent of the per pupil
amount the covered district receives from combined state and local sources‖ or the
private school‘s tuition, whichever is less. Scholarship recipients remain eligible to
receive the scholarship through grade 12 as long as they remain enrolled in a
participating school. Only approved, provisionally approved, and probationally
approved schools are eligible to participate. A total of $10 million of funding is
permitted for Fiscal Year 2008–09. La. R.S. Ann. §§17:4011–17:4025.
2) Elementary and Secondary School Tuition Deduction became law in 2008 and
allows for a deduction for the sum of amounts paid or incurred during the taxable
year by a taxpayer to a public elementary or secondary school for a student's
participation in curricular and core classes or expenses for the purchase of school
uniforms; to a qualified private elementary or secondary school; or for qualified
education expenses associated with homeschooling. The deduction shall equal 50
percent of the actual amount of tuition and fees paid by the taxpayer per student or
$5,000 per student, whichever is less. La. R.S. Ann. §§47:297.10–47:297.12
Homeschooling
Solely for purposes of compulsory attendance in a nonpublic school, a child who
participates in a home study program approved by the State Board of Elementary and
Secondary Education shall be considered in attendance at a day school; a home study
program shall be approved if it offers a sustained curriculum of a quality at least
equal to that offered by public schools at the same grade level. La. R.S. Ann. §236.
A home study plan is a program in which an approved curriculum can be
implemented under the direction and control of a parent or a tutor. Any child eligible
to attend an elementary or secondary school in Louisiana is eligible to participate in a
home study plan. Home study regulations are found at La. R.S. Ann. §§17:236,
17:236.1.
The State Board of Elementary and Secondary Education (SBESE) may approve
home study programs. To be approved by the SBESE, a home study program must
offer a sustained curriculum of a quality at least equal to that offered by the public
schools, consist of an adequate physical plant, and operate a minimum session of no
less than 180 days. La. R.S. Ann. §§17:221.3, 17:232(C) and (D), and 17:236,
17:236.1, and 17:236.2.
An initial application must be made within 15 days of beginning a program of home
instruction. It must include a completed application and certified copy of the birth
certificate for the child. A short-form birth certification card is acceptable as a
certified copy of the birth certificate. La. R.S. Ann. §17:236.1.
A renewal application must be made by the first of October of the school year or
within 12 months of the approval of the initial application, whichever is later. A
renewal application is accepted upon presentation of satisfactory evidence that the
program offered a sustained curriculum of a quality at least equal to that of the public
schools at the same grade level. The sustained curriculum can be substantiated in
several ways, including presentation of test results on which the student scored at or
above his or her grade level or description and substantiating documents detailing the
contents of the instructional program. La. R.S. Ann. §17:236.1.
State Regulation of Private Schools—Louisiana
115
State Board policy requires local school systems to provide textbooks to students
participating in SBESE approved home study programs when extra copies are
available. Local school systems may charge a deposit fee for each book borrowed by
a home study parent, but the deposit is refunded when the books are returned. La.
R.S. Ann. §17:351.
State Assessment is not required. A student in an SBESE approved home study
program may request the local school board or State Superintendent administer the i
LEAP, LEAP, or GEE tests. It is the parent‘s responsibility to contact the testing
coordinator in early February to arrange the student‘s participation in state testing. A
fee of no more than $35 for administering, scoring and reporting may be charged. La.
R.S. Ann. §17:236.1.
Completion of a home study program does not entitle the student to a regular high
school diploma. Only public and approved nonpublic schools that meet state
requirements may issue a state diploma. The State Board can award the General
Equivalency Diploma (GED), provided the student passes the GED examination. La.
R.S. Ann. §17:11.
Information resources
Louisiana Department of Education: Nonpublic Schools
<http://www.doe.state.la.us/lde/curr/1573.html>
Louisiana Department of Education: Registered Nonpublic Schools
<http://www.doe.state.la.us/lde/curr/2158.html>
Louisiana Department of Education: SBESE Approved Home Study Guidance and
Applications <http://www.doe.state.la.us/lde/curr/1650.html>
Louisiana State Legislature 2008 Session: HB 1347
<http://www.legis.state.la.us/billdata/streamdocument.asp?did=503381>
Louisiana State Legislature
<http://www.legis.state.la.us/>—Search Louisiana Laws on left side column
Louisiana Department of Education
1201 North Third
P.O. Box 94064
Baton Rouge, LA 70804-9064
Phone: 225-219-5172
Toll-Free: 877-453-2721
Fax: 225-342-0781
E-mail: customerservice@la.gov
Web site: http://www.louisianaschools.net
U.S. Department of Education, Louisiana
Updated December 2, 2008
116
MAINE
Accreditation/Registration/Licensing/Approval
No requirement for Accreditation.
Accreditation is permitted as one means of partially meeting the approval
requirement.
No requirement for Registration.
No requirement for Licensing.
Approval or recognition is mandatory.
Attendance at a private school only satisfies the compulsory attendance
requirement if the private school is approved for attendance purposes or is
recognized by the Department of Education as providing equivalent
instruction. Me. Rev. Stat. Ann. Title 20-A, §5001-A.
A private school may operate as an approved private school for attendance
purposes (basic school approval) if it meets hygiene, health, and safety
standards and is either currently accredited by the New England Association
of Colleges and Secondary Schools or meets applicable state requirements.
Accreditation is one option a school may use to obtain approval for attendance
purposes. Schools choosing the accreditation method of approval for
attendance purposes must make accreditation reports to the commissioner on a
timely basis and notify the commissioner of any determination that the school
is not accredited or on probation. Me. Rev. Stat. Ann. Title 20-A, §2906.
A second option a school may choose to obtain approval for attendance
purposes is to meet applicable state requirements. The state requirements
mandate compliance with: 1) immunization provisions; 2) English as the
language of instruction; 3) courses required by law; 4) instruction in the basic
curriculum established by the commissioner; 5) certified teachers, and
additional approval requirements adopted by the State Board and the
commissioner. In addition, private secondary schools applying for approval
for attendance purposes must meet requirements of a minimum school year,
sufficient school day length, student-teacher ratio of not more than 30 to one,
not less than two consecutive grades, and adequate maintenance of safely
protected records. Me. Rev. Stat. Ann. Title 20-A, §2902.
The commissioner will periodically review all private schools that receive
public funds to determine their compliance with the applicable provisions of
the education code. The commissioner may, as a condition of approval,
inspect any private school that applies for approval status. Me. Rev. Stat. Ann.
Title 20-A, §258-A.
The commissioner may remove basic approval pursuant to a hearing for
failure to meet applicable approval requirements. Me. Rev. Stat. Ann. Title 20-
A, §2904.
A private school which has chosen not to seek approval by the Department of
Education may voluntarily provide information on an annual basis to the
State Regulation of Private Schools—Maine
117
commissioner or superintendent to establish that students enrolled are
receiving equivalent instruction in compliance with the compulsory school
attendance law. The information should be provided in an annual letter signed
by the chief administrator of the private school and include an affirmation that
the school provides the basic curriculum by competent teachers for a
minimum of 175 days or 875 hours; complies with fire, health, and safety
laws; provides academic assessment and progress reports for parents; and,
attendance notification to the local superintendent. "Guideline for Equivalent
Instruction in Non-Approved Private Schools,‖ Maine Department of
Education.
A nonprofit institution may operate as an approved nontraditional limited
purpose school if it demonstrates a commitment to the educational process
and to the state's youths by possessing: 1) a governing board composed of a
cross section of the community; 2) an established educational plan; 3) a
written curriculum with appropriate goals, objectives and instructional
strategies; 4) specific instructional time commensurate with the educational
activities planned; 5) facilities that comply with state health, safety and fire
codes; 6) an instructional staff certified by the Department of Education where
appropriate and endorsement by professional boards in areas where the state
does not have certification standards or professional standards agreed upon by
the department and the respective institution; 7) school health services that
include a registered nurse in residence when students are in attendance or the
appointment of a school or consulting physician; 8) established written
emergency and safety procedures including periodic fire drills whenever
appropriate; 9) unique up-to-date equipment necessary to the services
provided; 10) a demonstrated commitment to work cooperatively with state
public schools in an effort to meet the specific aspiration needs of Maine
students; and, 11) scholarship assistance to the state's youths. Me. Rev. Stat.
Ann. Title 20-A, §2907.1.
Teacher Certification
Teachers must be certified by the commissioner to teach in any private school
receiving basic approval, except those schools currently accredited by the New
England Association of Colleges and Secondary Schools. Me. Rev. Stat. Ann. Title
20-A, §§ 2901, 13003.
The chief administrator employed by a private school approved for attendance
purposes is required to hold a principal's certificate. Me. Rev. Stat. Ann. Title 20-A,
§13019-B.
A private school approved for tuition purposes may not employ a provisional teacher
unless it has an approved, locally designed, support system or has received specific
authorization from the commissioner. Me. Rev. Stat. Ann. Title 20-A, §13015.
Only driver education teachers certified by the commissioner may be employed by an
approved private secondary school to teach driver education. If a certified instructor
is unavailable and the private school requests, the commissioner may grant a
temporary certificate to any person who holds a Class A license. Approved private
secondary schools may contract with a commercial driver education school to provide
State Regulation of Private Schools—Maine
118
driver education as part of the secondary school curriculum. Me. Rev. Stat. Ann. Title
20-A, §8703.
Length of School Year/Days
A private secondary school approved for the purposes of attendance must have at
least 175 instructional days. Me. Rev. Stat. Ann. Title 20-A, §4801.1
Curriculum
Private schools approved for attendance purposes must provide instruction in the
basic curriculum established by rule by the commissioner, including minimum time
requirements and performance standards. Me. Rev. Stat. Ann. Title 20-A, §§2902.4,
4704.
Private elementary schools approved for attendance purposes by the department must
provide instruction in reading, writing, spelling and grammar; library instruction;
mathematics; science; music, art and drama; American history and government;
social studies; Maine studies, including the history, geography, culture and natural
and industrial resources of the state; health, hygiene and safety; physical education;
and physiology and hygiene with special reference to the effects of substance abuse,
including alcohol, tobacco and narcotics upon the human system. Me. Rev. Stat. Ann.
Title 20-A, §§2902.3, 4706, 4711.
Private secondary schools approved for attendance purposes by the department must
provide instruction in English, social studies and history including American History
and Maine studies, mathematics, science, fine arts, health and physical education, and
computer instruction. Me. Rev. Stat. Ann. Title 20-A, §§2902.3, 4706, 4722, 4723,
4724.
The use of animals in public and private schools is regulated by statute. Vivisection
of animals in K–12 schools is prohibited. Dissection of dead animals must be
confined to the classroom and the students engaged in the study and must not be for
exhibition. Experiments on live vertebrate, except eggs, are restricted. Me. Rev. Stat.
Ann. Title 7, §3971.
English is the basic language of instruction in all schools except, subject to the
commissioner's approval, schools may provide transitional instruction using bilingual
techniques for students of limited proficiency in English and providing proficiency in
English and a second language. Me. Rev. Stat. Ann. Title 20-A, §4701.
Private schools are exempt from the state's criminal law prohibiting dissemination of
obscene material to minors if exhibited for purely educational purposes. Me. Rev.
Stat. Ann. Title 17, §2911.2.
Recordkeeping/Reports
By April 15 and October 15 of each year, the principal of each private school must
report to the commissioner the number of students attending his or her school. Me.
Rev. Stat. Ann. Title 20-A, §6004.
A student is credited with attendance at a private school only if a certificate showing
the name, residence and attendance of the person at the school, signed by the school
administrator, has been filed with the school officials of the local administrative unit.
Me. Rev. Stat. Ann. Title 20-A, §5001-A.3.A.(2).
State Regulation of Private Schools—Maine
119
Chief administrative officers shall keep uniform records of the immunization status of
each student. The records shall be part of the student's permanent records. By
December 15 of each year, each chief administrative officer shall submit to the
director of the Bureau of Health on a form provided a summary report of the
immunization status of the students entering school. Me. Rev. Stat. Ann. Title 20-A,
§6353.5.
A private secondary school receiving state funds, directly or indirectly, and a private
school approved for tuition and attendance purposes must report annually, on or
before July 15th, information required by the commissioner. Me. Rev. Stat. Ann. Title
20-A, §2952. An annual audit must be furnished to the state auditor on or before
September 1st of each year. Me. Rev. Stat. Ann. Title 20-A, §2953.
Health and Safety Requirements
No chief administrative officer may permit any student to be enrolled or attend school
without evidence of required immunization or immunity unless the parent or student
provides a written statement that immunization may be medically inadvisable or a
written statement that immunization is contrary to a sincere religious belief or
opposed for moral, philosophical or other personal reasons. Me. Rev. Stat. Ann. Title
20-A, §6353.3, 4, 6.
Upon notice from a public health official that a student's presence presents a clear
danger to the health of others, a chief administrative officer shall cause the student to
be excluded from school during the period of danger or until the student is
immunized. Private schools may adopt more stringent immunization requirements.
Me. Rev. Stat. Ann. Title 20-A, §6353.3, 4, 6.
Unlicensed personnel at private schools may not administer medication, except as
provided by the written prescription of a physician or dentist or by written permission
of the parent or guardian. Me. Rev. Stat. Ann. Title 20-A, §254.
A state liquor store or an agency liquor store may not be established within 300 feet
of any K–12 private school. Me. Rev. Stat. Ann. Title 28-A, §351.
It is a civil offense to disturb a private school during or out of school hours while a
teacher or student is present and is punishable by a fine not less than $2 nor more than
$20. Me. Rev. Stat. Ann. Title 20-A, §6804.
Transportation
Municipalities may appropriate money to provide transportation of school children to
and from nonprofit schools other than public schools. Me. Rev. Stat. Ann. Title 30-A
§5724.5.
Textbooks
Municipalities may appropriate money to purchase approved secular textbooks and
loan them to pupils or parents of pupils attending nonpublic elementary and
secondary schools upon request. The requests for texts submitted by nonpublic school
pupils or parents will be forwarded to the nonpublic school for administrative
convenience. The nonpublic school will prepare a collective summary of the
individual requests and submit the summary to the school committee or board of
directors. Me. Rev. Stat. Ann. Title 30-A, §5724.6.
State Regulation of Private Schools—Maine
120
Testing
Private schools approved for attendance purposes may participate in the State
Assessment of Student Performance program with the approval of the commissioner
and upon payment of the actual cost of the assessment. Me. Rev. Stat. Ann. Title 20-
A, §6207.
Private schools approved for tuition purposes, whose enrollment includes at least 60%
publicly funded students, must participate in the Statewide Assessment Program. The
assessment program measures the academic achievement of students in grades 4, 8,
and 11 in basic subjects, i.e. reading, writing and mathematics, and potentially
science and social studies on a sampling basis in alternate years. Me. Rev. Stat. Ann.
Title 20-A, §6202.
Special Education
The commissioner regulates tuition rates for private special education programs
publicly funded by the state. Me. Rev. Stat. Ann. Title 20-A, §7302.
The commissioner may require that special education programs in approved private
schools comply with rules regulating the public schools. Me. Rev. Stat. Ann. tit. 20-
A, §7501. It is the duty of the commissioner to define allowable special education
services and the qualifications of individuals who provide special education services
by regulation. Me. Rev. Stat. Ann. Title 20-A, §7252-B.
All special education programs offered by approved private schools must be: 1) under
the supervision of the school administrative unit responsible for the education of the
enrolled exceptional student; 2) described in a master contractual agreement between
the private school and the commissioner; and 3) approved in advance of the
enrollment of any exceptional student. Me. Rev. Stat. Ann. Title 20-A, §7252-A.
Approved private schools providing special education services must submit reports as
required by the commissioner. Me. Rev. Stat. Ann. Title 20-A, §7252-B.
The commissioner will investigate written complaints against private schools serving
exceptional students according to adopted procedures. Me. Rev. Stat. Ann. Title 20-A,
§7206.
Nursing and Health
Municipalities may appropriate money to provide physician, nursing, dental and
optometric services to pupils attending nonpublic elementary and secondary schools
if available to pupils attending public schools. Services may be provided to nonpublic
school students in the nonpublic school attended. Me. Rev. Stat. Ann. Title 30-A,
§5724.7.
Municipalities may appropriate money to provide standardized tests and scoring
services in use in the public schools to pupils attending nonpublic elementary and
secondary schools. Me. Rev. Stat. Ann. Title 30-A, §5724.8. The Department of
Education offers technical assistance to approved private schools to aid in the
establishment of school-based substance abuse programs and health education
curricula. Me. Rev. Stat. Ann. Title 20-A, §6605.
Health and remedial services, instructional materials and equipment provided with
appropriated public funds, and the admission to recipient nonpublic schools must be
State Regulation of Private Schools—Maine
121
provided without distinction as to race, creed, color, or the national origin of the pupil
and of their teachers. Me. Rev. Stat. Ann. Title 30-A, §5724.9.
The state is authorized to administer programs under the Child Nutrition Act
benefiting private school students provided the state is not required to appropriate
state funds for meals served in private schools. Me. Rev. Stat. Ann. Title 20-A, §6602.
Technology
The commissioner may contract with a private school for applied technology courses
that meet the public secondary school standards. Me. Rev. Stat. Ann. Title 20-A,
§3002.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Sales to schools; sales of meals served by private schools, student organizations and
parent-teacher associations to the students or teachers of a school; and, the sale of
automobiles used in driver education programs are exempt from sales tax. Me. Rev.
Stat. Ann. Title 36, §1760.
Public Aid for Private Education
Constitutional provisions: The Maine Constitution states that it is the Legislature's
"duty to encourage and suitably endow academies, colleges, and seminaries of
learning within the state," provided that the Legislature has the right to grant any
further powers to "limit or restrain any of the powers vested in, any such literary
institution, as shall be judged necessary to promote the best interests thereof." Maine
Constitution, Art. 8, Sec. 1.
The Maine Constitution provides "all religious societies in this State, whether
incorporate or unincorporate, shall at all times have the exclusive right of electing
their public teachers, and contracting with them for their support and maintenance."
Maine Constitution, Art. 1. Sec. 3.
A municipality may not provide services, materials or equipment for use in religious
courses, devotional exercises, religious training or any other religious activity. Me.
Rev. Stat. Ann. Title 30-A, §5724.9.
Programs for financial assistance for attendance at private schools: Maine
school districts that have no available public schooling pay to send students to
approved private schools or to public schools in other districts; this practice is called
Town Tuitioning. A private school that receive students under town tuitioning
programs 1) must meet the requirements for basic school approval; 2) is a
nonsectarian school; 3) is incorporated under the laws of Maine or the United States;
4) complies with reporting and auditing requirements; and 5) if the school enrolls 60
percent or more publicly funded students, participates in the Statewide Assessment
Program. Me. Rev. Stat. Ann. Title 20-A, §2951.
State Regulation of Private Schools—Maine
122
A school district may contract with a private school approved for tuition purposes for
all or part of its secondary school pupils. Me. Rev. Stat. Ann. Title 20-A, §§1258,
2702-4.
Tuition payments to private schools approved for tuition purposes must be paid
within 30 days of the billing date. If the tuition is not paid accordingly, the principal
of the private school must inform the commissioner. The commissioner will pay the
tuition due and deduct that amount from the state school subsidy to the school
administrative unit owing tuition. Me. Rev. Stat. Ann. Title 20-A, §5810.
Tuition rates charged to school administrative units for publicly placed students in
private elementary and secondary schools are regulated. Me. Rev. Stat. Ann. Title 20-
A, §§5804-5806.
Private schools may adjust their tuition rates for the cost of removing architectural
barriers to comply with the Vocational Rehabilitation Act of 1973 with prior approval
of the commissioner. Me. Rev. Stat. Ann. Title 20-A, §5807.
Private schools approved for tuition purposes are eligible for innovative education
grants to promote creative improvement in the schools of the state. Me. Rev. Stat.
Ann. Title 20-A, §17101.
Private schools approved for tuition purposes whose school enrollment is at least 60
percent publicly funded students may purchase surplus property through the Bureau
of Purchases. Me. Rev. Stat. Ann. Title 5, §1813-A.
Private schools approved for tuition purposes are prohibited from unlawful
educational discrimination on the basis of sex, physical or mental disability or
national origin or race. Me. Rev. Stat. Ann. Title 5, §§4553, 4602, 4604.
To be eligible to attend a receiving private school, students must be from a family
residing in a sending district and gain admission to the school based on its customary
admissions criteria.
Homeschooling
A child receiving home instruction that complies with state requirements is excused
from attending a public day school. Me. Rev. Stat. Ann. Title 20A, §§5001-A Sub.
3A(1)(c-1).
The student's parent or guardian must provide a written notice of intent ―to the school
officials of the administrative unit in which the student resides and to the
commissioner within 10 calendar days of the beginning of home instruction.‖ Me.
Rev. Stat. Ann. Title 20A, §§5001-A Sub. 3A(1)(4)(a).
The notice of intent must include: 1), the name, signature and address of the student's
parent or guardian; 2) the name and age of the student; 3) the state date of the home
instruction program; 4) a statement of assurance that the home instruction program
will provide annually at least 175 days of instruction in the following subject areas:
English and language arts, math, science, social studies, physical education, health
education, library skills, fine arts, Maine studies (in one grade level between 6 and
12), and demonstrated proficiency in the use of computers (in one grade level
between grade 7 and 12); and 5) a statement of assurance that the home instruction
program will include an annual assessment of the student's academic progress. Me.
Rev. Stat. Ann. Title 20A, §§5001-A Sub. 3A(1)(4)(a).
State Regulation of Private Schools—Maine
123
The student‘s parent or guardian must file a letter with ―the school officials of the
administrative unit in which the student resides and the commissioner‖ on or before
September 1st of each subsequent year of home instruction. The file must state the
intent to continue the home instruction program and include forms of the annual
assessment of the student‘s academic progress. Me. Rev. Stat. Ann. Title 20A,
§§5001-A Sub. 3A(1)(4)(b).
The following forms of annual assessment meet state requirements: 1) a standardized
achievement test administered through the administrative unit in which the student
resides or through other arrangements approved by the commissioner; 2) a test
developed by the school officials of the administrative unit in which the student
resides and agreed to by the school officials of the administrative unit prior to
submission of the written notice of intent that is appropriate to the student's home
instruction program; 3) a review and acceptance of the student's progress by an
identified individual who holds a current Maine teacher's certificate; 4) a review and
acceptance of the student's progress based on, but not limited to, a presentation of an
educational portfolio of the student to a local area homeschooling support group
whose membership for this purpose includes a currently certified Maine teacher or
administrator; or 5) a review and acceptance of the student's progress by a local
advisory board selected by the superintendent of the administrative unit in which the
student resides that includes one administrative unit employee and two home
instruction tutors. Me. Rev. Stat. Ann. Title 20A, §§5001-A Sub. 3A(1)(4)(b).
A student‘s parent or guardian must keep copies of the notice of intent to provide
home instruction and the file submitted each year, including the forms of annual
assessment, until the home instruction program concludes. The records must be made
available to the commissioner upon request. Me. Rev. Stat. Ann. Title 20A, §§5001-
A Sub 3A(1)(4)(c).
Information resources
State of Maine: Rule Chapters for the Department of Education
<http://www.maine.gov/sos/cec/rules/05/chaps05.htm>
State of Maine Department of Education: Home Instruction
<http://www.maine.gov/education/hs/index.html>
Constitution of the State of Maine <http://janus.state.me.us/legis/const/>
Maine Revised Statutes <http://www.mainelegislature.org/legis/statutes/>
State of Maine Department of Education
111 Sewall Street
August, ME 04333-0023
Telephone: 207-624-6600
Fax: 207-624-6700
Web site: http://www.maine.gov/education/index.shtml
U.S. Department of Education, Maine
Updated December 1, 2008
124
MARYLAND
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is mandatory.
Institutions operated by bona fide church organizations are exempt from the
requirement to hold a Certificate of Approval from the Maryland State Board
of Education if the legal authority of the bona fide church organization
chooses. The head of the bona fide church organization must, however,
register the name and address of the school and submit acceptable evidence of
the bona fide church organization legal authority status and certification of the
legal authority‘s assumption of responsibility for governing and operating the
nonpublic school to the Maryland Department of Education. Schools in this
category are called ―church-exempt‖ schools. Annotated Code of Maryland,
Education Article §2-206(e)(4).
Requirements for Licensing.
Registered bona fide church organizations, and other entities desiring to
operate non public nursery schools, must hold valid child care center licenses
or letters of compliance issued by the Maryland State Department of
Education, Office of Child Care. Approval to operated nonpublic nursery
schools are granted in accordance with COMAR 13A.16.16 Educational
Programs in Nonpublic Nursery Schools. Licenses are issued in accordance
with COMAR 13A16 Child Care Center Licensing and COMAR 13A.17
Letters of Compliance.
Nonpublic nursery schools operated by tax exempt religious organizations that
desire to obtain approval to operate by the Maryland State Department of
Education, Office of Child Care, are exempt from child care center licensing
requirements. Annotated Code of Maryland, Family Law Article §5-574.
There are no child care center licensing requirements for nonpublic
Kindergartens and Grades 1–12.
Approval is mandatory.
Certificates of approval are required in Maryland to operate "noncollegiate
educational institutions." A Certificate of Approval is issued based on the
adequacy and appropriateness of the facilities, conditions of entrance and
scholarship, educational qualifications and standards for the purpose of the
institution, its program, personnel requirements, and certificates or diplomas
issued. Annotated Code of Maryland, Education Article §2-206(e).
An approved nonpublic school must certify to the Department of Education
that it does not practice discrimination based upon race, color, or national
origin. Annotated Code of Maryland, Education Article §2-206(e)(3) and
COMAR 13A.09.09. 04H and COMAR 13A.09.10.06A(3).
State Regulation of Private Schools—Maryland
125
An approved nonpublic school must display its certificate of approval in a
―conspicuous place‖ on the premises. COMAR 13A.09.09.03E. and COMAR
13A.09.10.03G.
Regulations promulgated pursuant to Education Article §2-206 for approval of
nonpublic schools include COMAR 13A.09.09, Education Programs in
Nonpublic Schools for private schools that are parent pay and COMAR
13A.09.10, Educational Programs in Nonpublic Schools and Child Care and
Treatment Facilities for schools that receive public funding.
Teacher Certification
Teachers at nonpublic schools approved under COMAR 13A.09.09 (private pay) must
have bachelor's degree or 120 semester hour equivalence. Exception to this
requirement is permitted teachers of secondary school courses other than English
language arts, social studies, mathematics, and science with other exceptional
qualifications. Teachers in a Montessori school must also have a Montessori teacher
credential for the level of assignment. COMAR 13A.09.09.06.
Teachers at nonpublic schools approved under COMAR 13A.09.10 (publicly funded)
shall hold certificates provided for in COMAR 13A.12.01 and COMAR 13A.12.02.
COMAR 13A.09.10.18C(2).
Length of School Year/Days
A nonpublic school approved under COMAR 13A.09.09 (private pay) must provide
for at least 170 days for implementation of the school program. COMAR
13A.09.09.10C.
A nonpublic school approved under COMAR 13A.09.10 (publicly funded) shall
provide at least 180 days of instruction. COMAR 13A.09.10.14B.
Curriculum
The State Board of Education establishes minimum requirements for issuing
certificates or diplomas by private noncollegiate educational institutions that include
private K–12 schools. Md. Education Code Ann. §2-206(d). An approved nonpublic
school must have an educational program in English-language arts, mathematics,
science, and social studies which is appropriate for students enrolled. COMAR 13A.
09.09.07A(2).
A nonpublic school approved under COMAR 13A.09.09 (private pay) must require at
a minimum the following credits for secondary school graduation: four credits in
English-language arts; two credits in social studies to include at least one credit in
U.S. history; six credits in science and mathematics (at least two credits in each); and
nine additional credits in accordance with the school's written requirements. COMAR
13A 09.09.09.
A school approved under COMAR 13A.09.10 (publically funded) shall meet the
requirements of COMAR 13A.03.02.
Recordkeeping/Reports
Approved nonpublic schools must maintain a cumulative record of each student
enrolled including the following: approved nonpublic school name, school address
State Regulation of Private Schools—Maryland
126
and telephone number, student‘s first, middle, and last names; student‘s birth date;
student‘s home address; month and year student entered; grade upon enrollment;
month and year student withdrew; student‘s performance information in each
curricular area; code for the meaning of performance information; and number of
days in attendance each school year. COMAR 13A.09.09.08 and COMAR
13A.09.10.10A.Each school annually certifies its compliance with the approval
regulations by completing and submitting an Annual Report form provided by the
Maryland Department of Education. COMAR 13A.09.09.04C and COMAR
13A.09.10.04B.
Approved nonpublic high schools must be prepared to present a transcript of the
secondary school record of each student for each year enrolled that contains specified
components: school‘s name, address, and telephone number; student‘s first, middle,
and last names; student‘s date of birth; student‘s home address; credits and grades
earned in each subject area; code for the meaning of the grading system; transfer
credits accepted by the secondary school; month, day, and year the student initially
entered; month, day, and year the student withdrew or graduated; and number of days
of attendance each school year. COMAR 13A.09.09.09D and COMAR
13A.09.10.16C.
The state archivist provides without charge a copy of each new Maryland Manual to
each private educational institution. Md. State Government Code Ann. §9-1027.
If a private school ends operations in Maryland, the institution must file with the state
superintendent of schools the original or a legible copy of all secondary school
transcripts for each student who has been enrolled in grades 9–12 of the school. The
records will become a permanent file maintained by the state superintendent to
provide an academic record as required by postsecondary educational institutions for
admission. Annotated Code of Maryland, Education Article §2-304 and COMAR
13A.09.09D(3).
The State Board of Education requires each private school to report annually, on or
before August 31, the school's enrollment and courses of study on forms provided by
the Board. Annotated Code of Maryland, Education Article §2-205(n).
The principal or head teacher of a private school is required to report immediately a
student's absence or irregular attendance without lawful excuse, or evidence of
maladjustment to the county superintendent, supervisor of pupil personnel, or his
designee, in order to resolve the situation. Annotated Code of Maryland, Education
Article §7-302.
Approved nonpublic schools are required to distribute a written statement of its
student-teacher ratio to parents annually. COMAR 13A.09.09.07D.
Health and Safety Requirements
For initial issuance of a certificate of approval, a nonpublic school must verify that it
is in compliance with applicable health, fire safety, and zoning regulations. COMAR
13A.09.09.11 and COMAR 13A.09.10.07A.
An individual who has tuberculosis in a communicable stage may not work in any
capacity in a private or parochial school. Certification and tests may be required as
regulated by the Department of Health and Mental Hygiene. Annotated Code of
Maryland, Education Article §7-406.
State Regulation of Private Schools—Maryland
127
County health departments must provide and fund hearing and vision screening for all
students in approved nonpublic schools and approved nonpublic special education
facilities. Annotated Code of Maryland, Education Article §7-404.
All nonpublic school employees and employers who have frequent contact with, or
access to, students enrolled at a school are required to apply for and undergo a
criminal background check. The applicants are responsible for fees assessed unless
the employer agrees to pay the costs. Family Law Article, Annotated Code of
Maryland, Title 5, Part VI and Education Article §2-206.1.
Any adult who has reason to believe a child has been subjected to abuse or neglect,
must notify the appropriate authorities and the head of the school. Family Law
Article, Annotated Code of Maryland, §5-704, COMAR 13A.09.09.04J and COMAR
13A.09.10.06A.
Transportation
School buses used to transport students to nonpublic schools must be equipped with
seat back crash pads that meet the standards established by the Motor Vehicle
Administration. Md. Transportation Code Ann. §22-417.
School buses, owned by private schools that are exempt from federal income tax
under §501(c)(3) of the Internal Revenue Code, are not subject to excise taxes upon
issuance of a certificate of title. Md. Transportation Code Ann. §13-810.
Textbooks
Maryland Nonpublic Student Textbook program provides ―funding for the purchase
of textbooks, computer hardware and computer software for loan to students in
eligible nonpublic schools, with a maximum distribution of $60 per eligible nonpublic
school student for participating schools, except that at schools where at least 20
percent of the students are eligible for free and reduced price lunch program, the
distribution will be $90 per student. The textbooks and computers purchased under
this program must be secular in nature and acceptable for use in any public
elementary or secondary school in Maryland.‖ Maryland Nonpublic Student
Textbook Program: 2008–2009 Program Requirements and Procedures for Ordering
Textbooks, Hardware, Software, and other Electronic Learning Materials, Maryland
State Department of Education, October 2008.
Testing
Schools that are regulated by the Code of Maryland Regulations (COMAR)
13A.09.10 and identified as publicly funded schools must meet all state testing
requirements.
Schools that are regulated by the Code of Maryland Regulations (COMAR)
13A.09.09 and identified as private schools are not required to meet state testing
requirements.
Special Education
Children who need special educational services that are not provided in a public
program will be placed in an appropriate nonpublic educational program that offers
these services at public expense. Md. Education Code Ann. §8-406.
State Regulation of Private Schools—Maryland
128
The State Board of Education is responsible for adopting guidelines for the approval
of public placement of children with disabilities in nonpublic schools if the local
school system cannot provide an appropriate placement. Standards for the education
of those children enrolled in programs operated by agencies other than a county board
must be as high as the standards for county board programs. The standards for the
education of students with disabilities are found in the Code of Maryland Regulations
(COMAR) 13A.09.10.
County boards of education must provide or arrange for the transportation of
handicapped students publicly placed in nonpublic schools. Md. Education Code Ann.
§8-410.
Nursing and Health
The county health department is required to provide hearing and vision screenings for
students attending approved nonpublic schools Annotated Code of Maryland,
Education Article §7-404.
Technology
County boards may allow private and parochial schools to connect to a closed-circuit
educational television system maintained for public schools at the discretion of the
public school system. Annotated Code of Maryland, Education Article §7-107.
Professional Development
Maryland law provides for representation of nonpublic schools on the Professional
Standards and Teacher Education Board. Two administrative or supervisory staff of
approved Maryland nonpublic schools and one certified nonpublic school teacher is
chosen to serve on the 25 member board from nominees provided by the Association
of Independent Schools. Education Article, Annotated Code of Maryland, §6-703.
Teachers employed in schools approved under COMAR 13A.09.10 (publicly funded)
shall hold certificates in compliance with COMAR 13A.12.01 and COMAR 13A.12.02
for public school teachers. COMAR 13A.09.10.18C.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Property used exclusively for a charitable or educational purpose to promote the
general welfare of the people of Maryland and owned by a nonprofit educational
organization, is exempt from property tax. The limit on exemptions for real property
is 100 acres. Md. Tax-Property Code Ann. §7-202(b), (c).
Public Aid for Private Education
Constitutional Provisions: There is no State Constitutional provision regarding
nonpublic education.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
State Regulation of Private Schools—Maryland
129
Homeschooling
Home instruction programs that deliver regular, thorough instruction during the
school year in studies usually taught in public schools to children of similar age
satisfies Maryland‘s compulsory school attendance law. Annotated Code of
Maryland, Education Article §7-30101.B.
Home instruction is governed by COMAR 13A.10.01.
Parents must submit a written statement on a consent form prescribed by the
Maryland Department of Education at least 15 days before the beginning of a home
instruction program. COMAR 13A.10.01.
Such parents or legal guardians must provide regular, thorough instruction in the
subjects that are taught in the public schools. Parents or legal guardians may
unilaterally select the curriculum and instructional materials and equipment they wish
to use. COMAR 13A.10.01.
Parents or legal guardians must select an entity to supervise the home instruction they
provide. That entity may be the local school system or a nonpublic entity that is
approved by the Maryland State Department of Education or a nonpublic entity that is
registered with the department. The nonpublic entities registered with that department
include: 1) nonpublic schools operated by a bona fide church organization that have
chosen not to hold a Certificate of Approval from the Maryland State Board of
Education; 2) the education ministries of bona fide church organizations; and 3)
approved nonpublic schools. COMAR 13A.10.01.05.
A parent of a child in a home instruction program may request for the child to
participate in the regularly scheduled standardized testing that is administered in the
public school where the child is eligible to attend. COMAR 13A.10.01.02.
The parent of a home instruction program must allow a representative of the local
school system to review ―the portfolio of educational materials, discuss the
instructional program, and observe the instruction provided.‖ COMAR 13A.10.01(E).
Information resources
Maryland Department of Education: Nonpublic Schools
<http://www.marylandpublicschools.org/MSDE/nonpublicschools/NP_Overview>
Maryland Department of Education: Nonpublic Schools Laws
<http://www.marylandpublicschools.org/MSDE/nonpublicschools/nplegal/>
Maryland Department of Education: Nonpublic Schools, COMAR 13A.09.09.
<http://www.marylandpublicschools.org/MSDE/nonpublicschools/nplegal/comar/CO
MAR_13A_09_09.htm>
Maryland Department of Education: Nonpublic Schools, COMAR 13A.09.10.
<http://www.marylandpublicschools.org/MSDE/nonpublicschools/nplegal/comar/CO
MAR13A_09_10.htm>
Maryland Department of Education: Nonpublic Schools, COMAR 13A.10.01.
<http://www.marylandpublicschools.org/MSDE/nonpublicschools/nplegal/comar/co
mar_13a_10_01.htm?WBCMODE=Presentatio%25%25%25>
Code of Maryland Regulations <http://www.dsd.state.md.us/comar/>
Maryland Department of Education
Division of Certification and Accreditation
Nonpublic School Approval Branch
State Regulation of Private Schools—Maryland
130
200 West Baltimore Street
Baltimore, MD 21201
Phone: 410-767-0407
Fax: 410-333-8963
Maryland Department of Education
200 West Baltimore Street
Baltimore, MD 21201
Phone: (410) 767-0100
Fax: (410) 333-6033
Web site: http://www.marylandpublicschools.org/MSDE
U.S. Department of Education, Maryland
Updated December 29, 2008
131
MASSACHUSETTS
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
No requirements for Registration.
No requirements for Licensing.
Approval is mandatory.
Attendance at a private school satisfies the compulsory attendance
requirement if the school is approved by the school committee. (The "school
committee" in Massachusetts is the local education agency.)
School committees will approve a private school when satisfied that the
instruction equals the public schools in the same town in thoroughness and
efficiency and in the progress made. A school committee may not withhold
approval based on the school's religious teaching. Mass. Gen. L. Ch. 76, §1.
Teacher Certification
Teacher certification is not required for teachers at private schools.
Length of School Year/Days
Massachusetts‘ law does not specify a required length of school year for private
schools, but the school committee will use the public school‘s required length of
school year (180 days or 900 hours in elementary schools and 990 hours at secondary
schools) for comparison. Mass. Gen. L. Ch. 71, §§1, 4; C.M.R. 603.24(3), (4).
Curriculum
There is no mandate regarding what courses private schools shall teach. Generally,
the ―thoroughness and efficiency‖ language found in Mass. Gen. L. Ch. 76, §1,
regarding approval of private schools should not be interpreted as extending
particular public school mandates regarding instruction and curriculum to private
schools.
Massachusetts Art Week is celebrated the last week of May and private schools are
encouraged to observe the tradition by the display of works of art and appropriate
exhibitions and ceremonies. Mass. Gen. L. Ch. 6, §15D.
Recordkeeping/Reports
The supervisory officers of all private schools must report the name, age and
residence of any child enrolled in the school to the superintendent of schools of the
town where such children reside within 30 days of enrollment. If a child withdraws
from the school, the officers must notify the superintendent within 10 days. Mass.
Gen. L. ch. 72, §2.
The local superintendent of schools files an annual report with the commissioner of
education on or before May 1st on the number of pupils enrolled in nonpublic schools
State Regulation of Private Schools—Massachusetts
132
within the district. The information is collected during the months of January and
February. Mass. Gen. L. Ch. 72, §2A.
Private school administrators and teachers are required to provide information or
reports requested by any justice relating to the attendance, conduct, and standing of
any pupil enrolled, if the pupil is awaiting examination or trial or is under the
supervision of the court. Mass. Gen. L. Ch. 119, §69.
Persons operating an education institution have an obligation to provide a written
transcript of a student, or former student, at his request. The first copy must be
provided free. Schools may charge a fee for duplicates not exceeding $1 for each
page, but not exceeding $5 for an entire transcript. Anyone denied a transcript may
petition the courts for relief. Mass. Gen. L. ch. 71, §§34A, 34B.
If a private school closes, the owner must transfer all current and former students‘
transcripts to the Massachusetts Department of Elementary and Secondary Education.
Mass. Gen. L. Ch. 71, §34G.
Health and Safety Requirements
Private school teachers who have reasonable cause to believe a child under 18 is
suffering physical or emotional injury resulting from abuse or from neglect are under
an obligation to immediately report the condition either to the Department of Children
and Families or to the school administrator, who is then responsible for notifying the
Department of Children and Families. Mass. Gen. L.ch. 119, §51A.
Persons apprehended for manufacturing or distributing controlled substances within
1,000 feet of a private elementary, vocational, or secondary school will receive a
mandatory sentence of not less than two years. Mass. Gen. L. Ch. 94C, §32J.
Each institution of secondary education must file, at least annually, a report with the
board of education certifying that the school has informed its students of the hazing
prohibition and adopted and disseminated a disciplinary policy with regard to the
organizers and participants of hazing. Mass. Gen. L.ch. 269, §19.
―Fires or explosions by which a loss is sustained shall, within forty-eight hours,
excluding Sundays and holidays, be reported in writing to the marshal. Reports
required by this section shall be on forms furnished by the department, and shall
contain a statement of all facts relating to the cause and origin of the fire or explosion
that can be ascertained, the extent of damage thereof, the insurance upon the property
damaged, and such other information as may be required. The marshal shall keep or
cause to be kept a record of all fires or explosions occurring in the commonwealth,
with the results of such investigations, and such records shall be open to public
inspection.‖ Mass. Gen. L.ch. 148, §2.
―The school committee and superintendent of any city, town or regional school
district and the principal, by whatever title the position be known, of a public or
accredited private school of any city, town or regional school district shall have
access to and shall obtain all available criminal offender record information from the
criminal history systems board of any current or prospective employee or volunteer of
the school department, who may have direct and unmonitored contact with children,
including any individual who regularly provides school related transportation to
children. Such school committee, superintendent or principal shall periodically, but
not less than every 3 years, obtain all available criminal offender record information
State Regulation of Private Schools—Massachusetts
133
from the criminal history systems board on all such employees and volunteers during
their term of employment or volunteer service.‖ Mass. Gen. L.ch. 71, §38R.
Private schools are subject to the Massachusetts Pesticide Control Act. Mass. Gen.
L.ch. 132B, §2.
Transportation
Pupils who attend approved private schools are entitled to the same rights and
privileges to transportation to and from school as are provided by law for public
school students, within specified limits. Mass. Gen. L. Ch. 76, §1.
Street or elevated railway companies must provide special rates for public and private
school students during the days or evenings when school is in session not to exceed
1/2 of the regular fare. Mass. Gen. L. Ch. 161, §108.
Textbooks
The use of state or local funds to pay for textbook loans to pupils of private schools
violates the state constitution. Bloom v. School Committee of Springfield, 379 N.E.2d
578 (1978).
Testing
There is no state policy at this time.
Special Education
If appropriate, eligible students with disabilities requiring special education may be
placed in a public or approved private special education program in accordance with
regulations of the Department (Board) of Education. Mass. Gen. L. Ch. 71B, §10;
C.M.R. 28.18.00. School committees may authorize the prepayment of tuition for a
period not exceeding three months to any approved private school. Mass. Gen. L. Ch.
71, §71D.
Eligible students with disabilities who attend private school at private expense are
entitled to special education designed to meet their needs. The school district must
provide genuine opportunities to participate in the public school special education
program consistent with the state constitutional limitations. Eligible students are
entitled to an individualized education program (IEP). Services provided or arranged
for by the district pursuant to an IEP, if paid for with state or local funds, must be
provided in a public facility or other public or neutral site. If services are funded only
with federal monies, they may be provided on private school grounds. Mass. Gen. L.
Ch.71B, §1; St. 1999, ch. 27, §258. See also, C.M.R. 28.03(1)(e).
Nursing and Health
Pupils attending private schools may receive screening for sight, hearing, and other
physical defects through the local school committee or board of health at the request
of a parent or guardian, providing the private school is approved and does not
discriminate in its entrance requirements on the basis of race or color. Mass. Gen. L.
Ch. 71, §57.
State Regulation of Private Schools—Massachusetts
134
Technology
Private schools are eligible to receive grants from the Massachusetts Science,
Technology Engineering, and Mathematics Grant Fund with the purpose of increasing
the number of qualified science, technology, engineering and mathematics teachers
and improving the course offerings in the areas of science, technology, engineering
and mathematics. Mass. Gen. L. Ch. 29, §2MMM.
Professional Development
By statute, one of the 14-member Massachusetts Educational Communications
Commission is a representative of private elementary and secondary education. Mass.
Gen. L. Ch. 6, §158.
Reimbursement for performing state/local functions
There is no state policy at this time.
Tax Exemption
Private school property is exempt from property taxation as a "literary, benevolent,
charitable and scientific institution." Mass. Gen. L. Ch. 59, §5. Board of Assessors v.
Garland School of Home Making, 6 N.E.2d 374 (1937).
Public Aid for Private Education
Constitutional Provisions: The Massachusetts Constitution provides that no
appropriation of public money may be made to aid a primary or secondary school that
is not publicly owned and under the exclusive control of public officers authorized by
the Commonwealth. Mass. Const. Ann. Amend. Art. 18 §120.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
Home education programs are subject to the same standard of approval as a private
school under Massachusetts General Laws Chapter 76, §1, that is, the instruction in
all studies required by law equals in thoroughness, efficiency, and progress of the
child, that in the public schools of the same town. Mass. Gen. L. Ch. 76, §1.
In Care and Protection of Charles, 399 Mass. 324 (1987), the Massachusetts
Supreme Judicial Court concluded that the approval process under General Laws
Chapter 76, § 1 was constitutionally permissible. The court set forth guidelines for
parents and school officials in considering home education plans: 1) curriculum,
number of hours of instruction for each proposed course and length of the proposed
school year, 2) the competency of the parent (teacher certification and advanced
degrees are not required), 3) textbooks, instructional aids and lesson plans, and 4) the
superintendent or school committee may require periodic standardized testing or other
evaluations of the student‘s educational progress. However, the Supreme Judicial
Court held in Brunelle v. Lynn Public Schools 428 Mass. 512 (1998) that home visits
by public school officials may not be required as a condition of approval of a home
education plan.
State Regulation of Private Schools—Massachusetts
135
A student may not begin a homeschool program until the homeschool program is
approved by the school district in which the student resides. ―Prior approval of the
superintendent or [school] committee is a prerequisite to the removal of children from
school and to the commencement of a homeschooling program.‖ Care and
Protection of Ivan, 48 Mass. App. Ct. 87. 89 (1999).
Information resources
Massachusetts Department of Elementary and Secondary Education: Notification of
a New Private School
<http://www.doe.mass.edu/infoservices/data/diradmin/new_private.doc>
Massachusetts Department of Elementary and Secondary Education: Program
Quality Assurance Services – Approved Private Day and Residential Special
Education School Program Review System
<http://www.doe.mass.edu/pqa/review/psr/default.html>
Advisory Opinion on Approval of Massachusetts Private Schools
<http://www.doe.mass.edu/lawsregs/advisory/100207privateschool.html>
General Laws of Massachusetts
Chapter 76: School Attendance <http://www.mass.gov/legis/laws/mgl/gl-76-
toc.htm>
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street
Malden, MA 02148-5023
Phone: 781-338-3111
Fax: 781-338-3770
E-mail: PrivateSchools@doe.mass.edu or www@doe.mass.edu
Web site: http://www.doe.mass.edu/
U.S. Department of Education, Massachusetts
Updated March 9, 2009
136
MICHIGAN
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Nonpublic schools may participate in the following accreditation programs:
Michigan Nonpublic School Accreditation Association and North Central
Association. Information on Nonpublic and Home Schools, August 2008.
Registration is mandatory.
Nonpublic schools satisfying the compulsory school attendance statute must
be approved by the state. Mich. Comp. Laws §380.1561(3)(a).
Private schools are prohibited from discriminating against an individual based
on a handicap that is unrelated to the individual's ability to utilize and benefit
from the school or the individual's use of adaptive devices.
The Michigan Constitution recognizes, "Religion, morality and knowledge
being necessary to good government and the happiness of mankind, schools
and the means of education shall forever be encouraged." Michigan
Constitution Art. 8, Sec. 1.
No requirements for Licensing.
Approval is mandatory.
Approval is mandatory for nonpublic schools that choose to register.
Teacher Certification
Teacher certification is optional. A teacher may qualify to work in a nonpublic
school in one of the following three ways: obtain a Michigan Teaching Certificate;
obtain a substitute, full year, or emergency teaching permit; obtain a bachelor‘s
degree.
Persons without valid teaching certificates who have the requisite college credit may
apply to the Michigan Department of Education for a teaching permit for employment
in a nonpublic school under Mich. Admin. Code R 390.1142 (full-year permit);
R 390.1143 (substitute permit); and R 390.1144 (emergency permit).
Teachers in the regular or elementary grade studies in a private, denominational or
parochial school, i.e., a school other than a public school giving instruction to
children below the age of 16 years, in the first eight grades, must hold a teaching
certificate that would qualify them to teach in like grades of the public schools. Mich.
Comp. Laws §§388.552; 388.553. The Michigan Supreme Court ruled this provision
unconstitutional when applied to families whose religious convictions prohibit the use
of certified instructors. People v. DeJonge, 442 Mich. 266 (1993).
Length of School Year/Days
Regular attendance at a state approved nonpublic school satisfies the compulsory
attendance statute. Mich. Comp. Laws §380.1561(3)(a).
State Regulation of Private Schools—Michigan
137
Nonpublic schools are not required to meet the minimum session days that are
required for public schools. Clonlara, Inc. v. State Board of Education 442 Mich. 252
(1993).
Curriculum
Attendance at a nonpublic school satisfies the compulsory attendance statute if the
school teaches subjects comparable to those taught in the local public schools to
children of corresponding age and grade. Mich. Comp. Laws §380.1561(3)(a).
Nonpublic schools must provide regular instruction in the Constitutions of the United
States and Michigan, and the history and present form of government of the United
States, Michigan, and its political subdivisions. The successful completion of a 1-
semester course in civics is required prior to graduation. Mich. Comp. Laws
§380.1166.
The State Board of Education is charged with developing a recommended model core
curriculum for the local school districts. The curriculum defines the outcomes to be
achieved by all K–12 pupils. The board will make the model curriculum available to
nonpublic schools for their consideration in developing their own core curriculum.
Mich. Comp. Laws §380.1278(7).
English must be the basic language of instruction in any nonpublic school. This
mandate does not prohibit religious instruction in a foreign language, classes to
become conversant in a foreign language, or bilingual instruction to assist limited
English-speaking students. Mich. Comp. Laws §380.1151.
Private schools are prohibited from utilizing textbooks and learning materials that
promote or foster physical or mental stereotypes. Mich. Comp. Laws §§37.1401,
37.1402.
Nonpublic and homeschool students may enroll in ―nonessential elective courses‖
such as band, drama, art, physical education, music, computer, and advanced
placement courses at the resident public school. Mich. Comp. Laws §388.1766b.
Snyder v. Charlotte Public School District, 365 N.W.2d 151 (Mich. 1984).
Public schools may provide nonessential elective courses to nonpublic school
students on nonpublic school premises with public school employees. Mich. Comp.
Laws §388.1766b. Agostini v. Felton U.S. Supreme Court (1997).
State grants for career and technical education centers are conditioned on acceptance
of nonpublic school pupils. Mich. Comp. Laws §380.686.
Private school teachers, administrators and librarians who disseminate sexually
explicit matter to a student as part of a school program permitted by law are exempt
from Michigan's criminal code provision prohibiting the dissemination of sexually
explicit material to minors. Mich. Comp. Laws §722.676.
Recordkeeping/Reports
There is no law in Michigan that requires nonpublic schools to maintain student
records.
The Michigan Department of Education annually requests information from
nonpublic schools on the number of students in each grade, teacher qualifications, the
course of study offered, and assurance that the nonpublic school complies with the
criminal history check requirements that are compiled to create the Nonpublic School
State Regulation of Private Schools—Michigan
138
Membership Report. Nonpublic schools use Form SM4325 to provide the
information. Mich. Comp. Laws §388.555; Sheridan Road Baptist Church v.
Department of Education, 426 Mich. 462, 472 n 5 (1986) and Clonlara, Inc. v. State
Board of Education, 442 Mich 230, 242 (1993).
Health and Safety Requirements
Children enrolling in school for the first time or enrolling in grade 6 for the first time
must present a certificate of immunization, a statement of exemption based on a
physician's recommendation or a religious conviction. A school administrator must
not admit a student unless he or she has received a minimum of one dose of
immunizing agent against each disease specified or is exempt. Mich. Comp. Laws §§
33.9208, 333.9215, 380.1177.
Before November 1 of each year, the school administrator must submit to the local
health departments the immunization status of new entering students. By February 1,
the administrator must update the list for incoming students. Mich. Comp. Laws
§§333.9209 and 380.1177.
If the immunization level of a nonpublic school falls below the level necessary to
guard against the spread of the disease, the school may make the immunization
requirements a condition for admission. Mich. Comp. Laws §333.9212.
Private school students entering kindergarten must submit evidence of a preschool
vision screening test prior to enrollment unless the parents or guardians submit a
statement that the test is contrary to their religious convictions. Mich. Comp. Laws
§380.1177(2).
Michigan's statutory prohibition against smoking in a public place or at a meeting of a
public body does not apply to private educational facilities after regularly scheduled
school hours. Mich. Comp. Laws §333.12603.
Effective January 1, 2006, regular and contract employees hired or assigned by
nonpublic schools must have criminal history checks conducted by the Michigan
State Police and the Federal Bureau of Investigation. Mich. Comp. Laws §§380.1230,
380.1230a, 380.1535a, 380.1539b.
Not later than July 1, 2008, an individual who works full-time or part-time or an
individual who regularly or continuously works under contract who is employed by a
nonpublic school as of Dec. 1, 2005, must have criminal history checks conducted by
the Michigan State Police and the Federal Bureau of Investigation. Mich. Comp.
Laws §380.1230g.
As a condition for employment, a nonpublic school must request a criminal history
check on the applicant through both the Department of State Police and the Federal
Bureau of Investigation. Nonpublic schools may, under certain conditions,
"conditionally employ" an individual to work full-time or part-time or an individual
to regularly or continuously work under contract until the results of the criminal
records check are received. The Department of State Police is required to respond
within 30 days. Mich. Comp. Laws §§380.1230, 380.1230a.
The nonpublic school must notify the superintendent of public instruction when a
certified teacher, school administrator, school counselor, etc. has been convicted of
any felony or certain misdemeanors. Mich. Comp. Laws §§380.1535a, 380.1539b.
State Regulation of Private Schools—Michigan
139
Nonpublic schools must submit specific information about school employees in order
for the Michigan State Police and the Federal Bureau of Investigations to conduct
criminal history checks. Mich. Comp. Laws §§380.1230d, 380.1535a, 380.1539b.
Nonpublic schools must request unprofessional conduct checks for all new
employees. A former or current employer must disclose to a prospective school
employer any unprofessional conduct by the applicant. A nonpublic school is
prohibited from hiring an applicant who refuses to sign a document requesting this
information. Mich. Comp. Laws §380.1230b.
Nonpublic schools must comply with federal standards requiring implementation of
operations and maintenance plans for educational facilities containing asbestos or
asbestos-containing materials. Asbestos in Educational Facilities Act, 1993 PA 51.
Mich. Comp. Laws §§388.861 to 388.865.
School buses with seating capacity of 12 or more and used by nonpublic schools are
subject to annual inspections by the Department of State Police. Mich. Comp. Laws
§257.715a.
All school construction requires inspection and must meet both the construction
standards under the Stille-DeRossett-Hale Single State Construction Code Act, 1972
PA 230, regarding the requirements to secure permits, inspections, and final approval;
and the Fire Prevention Code, 1941 PA 207. Mich. Comp. Laws §§388.851b,
388.853.
The superintendent of public instruction, or his agent, has the authority to investigate
a nonpublic school at any time regarding the school's sanitary condition, records of
enrollment, courses of study, and teacher qualifications. A nonpublic school must
admit the Superintendent or his agents to the school. A nonpublic school's refusal is
sufficient cause to suspend the operation of the school. Mich. Comp. Laws §388.555.
Transportation
Under the Michigan State Constitution, the state legislature may provide
transportation to and from school for nonpublic school students. Michigan
Constitution Art. 8, Sec. 2. Mich. Comp. Laws §380.1217.
Local school districts that provide transportation to resident pupils must provide free
transportation to nonpublic school students with some limitations. Mich. Comp. Laws
§380.1321, 1322.
The advisory committee to the Department of Education on school bus matters
includes a member representing nonpublic schools. Mich. Comp. Laws §257.1870.
Textbooks
No requirements for textbooks. Michigan nonpublic schools provide their own
textbooks. Public schools are not required to provide textbooks to nonpublic schools.
See Michigan Constitution Art. 8, Sec. 2 in Public Aid for Private Education:
Constitutional Provisions.
Testing
Nonpublic schools may participate in the Michigan Merit Examination (MME) if they
contact the Michigan Department of Education and register on time. If a student
attends a nonpublic school that is not electing to participate in the MME, that student
State Regulation of Private Schools—Michigan
140
may contact the state and take the test at an MME Auxiliary Test Center Mich. Comp.
Laws §§380.1279g; 388.1704b.
Special Education
The public agency that provides a child with disabilities in a nonpublic school special
education or related services shall initiate and conduct meetings to develop, review,
and revise an individualized education program (IEP) for the child and ensure
participation of the nonpublic school representative in these meetings. The public
agency will provide the special education or related services in accordance with the
child‘s IEP. However, the agency, teacher, or other person cannot be held
accountable if the child with disabilities does not achieve the growth projected in the
annual goals and objectives. Mich. Admin. Code R 340.1701c(a).
Special education programs are available at public schools to the students attending
nonpublic schools that are registered with the Michigan Department of Education.
Nursing and Health
Examinations or health services provided to elementary and secondary students must
be provided on an equal basis to children in public and nonpublic schools. Mich.
Comp. Laws §333.9105.
A public school that provides ―auxiliary services‖ to its resident students must
provide services for students attending nonpublic schools on an equal basis.
Auxiliary services include: health and nursing services and examinations; street
crossing guard services; National Defense Education Act testing services; speech and
language services; school social work services; school psychological services; teacher
consultant services for students with a disability and other ancillary services for
students with a disability; remedial reading; and other services determined by the
legislature. Transportation to the auxiliary services must also be provided with some
limitations. Mich. Comp. Laws §380.1296.
A public school is required to notify nonpublic schools in its district of auxiliary
services it will provide no later than April 1 each year. Nonpublic schools must
inform the public school, in writing, within 30 days if any of the services are needed
by the nonpublic school students. The public school must confirm the ―the nature and
extent‖ of the services that will be provided no later than August 1. Mich. Admin.
Code R 340.293.
Technology
Educational media centers operated by intermediate school districts to provide
teaching materials and services may serve nonpublic schools. Mich. Comp. Laws
§380.671(2).
Professional Development
There is no state policy at this time.
State Regulation of Private Schools—Michigan
141
Reimbursement for Performing State/Local Functions
Nonpublic schools are reimbursed, on an equal basis with public schools, for school
bus safety education costs incurred for the benefit of school bus drivers. Mich. Comp.
Laws §257.1851.
Tax Exemption
Property owned and occupied by nonprofit religious or educational organizations and
used exclusively for religious or educational purposes, is exempt from real and
personal property taxes. Michigan Constitution Art. 9, Sec. 4.
Nonpublic schools are exempt from the Michigan general sales tax for the sale of
textbooks sold to or for the use of students enrolled in any part of a kindergarten
through 12th grade program. Mich. Comp. Laws §205.54a(1)(k).
Public Aid for Private Education
Constitutional provisions: The Michigan Constitution prohibits public
appropriations for the benefit of any religious sect or society. Michigan Constitution
Art. 1, Sec. 4. Mich. Comp. Laws § 380.1217.
The Michigan Constitution prohibits public appropriations directly or indirectly to aid
or maintain nonpublic pre-elementary, elementary or secondary schools. Michigan
Constitution Art. 8, Sec. 2. The Michigan Supreme Court has interpreted this
provision to prohibit public payment of lay teachers in nonpublic schools; the
provision is not a bar to nonpublic school student participation in federally subsidized
programs designed to aid educationally deprived elementary and secondary school
children, shared time programs, special education services, and drivers training.
Traverse City School District v. Attorney General, 185 N.W. 2d 9 (Mich. 1971).
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
Homeschooling satisfies the compulsory attendance law if ―the child is being
educated at the child‘s home by his or her parent or legal guardian in an organized
educational program in the subject areas of reading, spelling, mathematics, science,
history, civics, literature, writing, and English grammar.‖ Mich. Comp. Laws
§380.1561(3)(f).
A homeschool may operate as a nonpublic school, but under this option the
homeschool must be in compliance with the Private, Denominational, and Parochial
School Act, 1921 PA 302. Mich. Comp. Laws §380.1561(3)(a).
Information resources
Michigan Department of Education: Nonpublic and Home Schools
<http://www.michigan.gov/mde/0,1607,7-140-6530_6564_35175---,00.html>
Michigan Department of Education: Information on Nonpublic and Home Schools,
August 2008 <http://www.michigan.gov/documents/Info2005_132227_7.pdf>
Michigan Legislature
<http://www.legislature.mi.gov/(S(1hh3b2b0uhmgkmv4vuqjc255))/mileg.aspx?page
=home>
State Regulation of Private Schools—Michigan
142
Michigan Compiled Laws
<http://www.legislature.mi.gov/(S(uaxarliapcdesh55zxhm2y45))/mileg.aspx?page=M
CLBasicSearch>
Michigan Department of Education
P.O. Box 30008
608 West Allegan Street
Lansing, MI 48909
Phone: 517-373-1833
Fax: 517-241-4223
Web site: http://www.michigan.gov/mde/
U.S. Department of Education, Michigan
Updated December 12, 2008
143
MINNESOTA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Nonpublic Education Council may recognize educational accrediting
agencies. Minn. Stat. Ann. §123B.445.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
Minnesota defines nonpublic school as any school, church or religious
organization, or home school where a student can fulfill compulsory education
requirements, that is located in the state, and that meets the requirements of
Title VI of the Civil Rights Act of 1964. Minn. Stat. Ann. §123B.41, Subd. 9.
Teacher Certification
Teacher certification is optional. An instructor in Minnesota must meet one of the
following criteria: hold a valid Minnesota teaching license for the grade level; be
directly supervised by an individual with a valid Minnesota teaching license;
successfully complete a teacher competency examination; provide instruction in a
school that is accredited by an accrediting agency recognized by the commissioner or
in Minn. Stat. Ann. §123B.445; hold a baccalaureate degree; be a parent of a child
whose performance is assessed each year in accordance with Minn. Stat. Ann.
§120A.22, Subd.11. Minn. Stat. Ann. §120A.22, Subd. 10.
Length of School Year/Days
The state does not regulate the length of school year for students attending nonpublic
schools.
Curriculum
Minnesota's compulsory education law requires instruction in 1) basic communication
skills including reading and writing, literature, and fine arts; 2) mathematics and
science; 3) social studies including history, geography, and government; and 4) health
and physical education. Minn. Stat. Ann. §120A.22, Subd. 9.
Instruction, textbooks, and materials must be offered in the English language. Minn.
Stat. Ann. § 120A.22. Another language may be used for students with limited
English proficiency. Minn. Stat. Ann. §§124D.59-124D.61 et seq.
School districts may provide nonpublic school students of limited English proficiency
opportunity to participate in specially designed programs for such students attending
public school. Minn. Stat. Ann. §124D.65, Subd. 6.
Nonprofit, nonpublic, nonsectarian schools may contract with local school districts to
provide educational services to at-risk children under the state‘s High School
Graduation Incentives Program. Minn. Stat. Ann. §124D.68.
State Regulation of Private Schools—Minnesota
144
Nonpublic schools may contract with local school districts to provide American
Indian language and culture education programs to American Indian children. Minn.
Stat. Ann. §124D.74.
The Department of Education may provide assistance to nonpublic schools
participating in a local school district's violence prevention education program at
neutral sites. Minn. Stat. Ann. §120B.22.
Recordkeeping/Reports
Nonpublic schools must complete and submit the Minnesota Compulsory Instruction
Report which requires the name, age, and address of each child receiving instruction
to the local superintendent by October 1 of each school year. In addition, schools not
accredited by the Minnesota Department of Education or an accrediting organization
recognized by the Minnesota Nonpublic Education Council must also report the name
of each instructor with evidence of qualifications; provide an annual instructional
calendar showing that instruction will occur at least 170 days; and make available
documentation that the requisite subjects are being taught, including class schedules,
materials for instruction, and descriptions of methods used to assess student
achievement. Minn. Stat. Ann. §120A.24.
Nonpublic school administrators are responsible for issuing age certificates for
students in attendance who wish to obtain employment. Minn. Stat. Ann. §181A.06.
Health and Safety Requirements
Immunizations are mandatory for students attending any elementary or secondary
school in Minnesota unless contraindicated for medical reasons or contrary to
conscientiously held beliefs of the parent or guardian or emancipated student. Minn.
Stat. Ann. §121A.15.
The Department of Education may assist nonpublic schools participating in a local
school district's AIDS prevention or AIDS risk reduction program at a neutral site.
Minn. Stat. Ann. §121A.23.
Private schools not subject to crisis management policy requirements in accordance
with Minn. Stat. Ann. §121A.035 are required to have at least five school lock-down
drills, five school fire drills consistent with Minn. Stat. Ann. § 299F.30, and one
tornado drill. 2006 Omnibus Education Policy Act, Chapter 263, Article 1, Section 7.
Nonpublic schools are required to have at least nine fire drills each school year and to
keep all doors and exits unlocked from the inside during school hours. Records of
drills must be posted for review by the state fire marshall. Minn. Stat. Ann. §299F.30.
All schools must be operated in compliance with the uniform fire code. Minn. Stat.
Ann. §299F.391.
Nonpublic schools may develop a voluntary fingerprinting program for pupils in
conjunction with law enforcement agencies having jurisdiction where the nonpublic
school is located. Minn. Stat. Ann. §123B.07.
Nonpublic schools may participate in school district chemical abuse programs.
Teachers at participating schools have a duty to report incidences of chemical abuse
on school property or at school-related activities. Minn. Stat. Ann. §§121A.26;
121A.29.
State Regulation of Private Schools—Minnesota
145
Local authorities may establish the speed limit within a school zone of a nonpublic
school based on an engineering and traffic investigation. Minn. Stat. Ann. §169.14,
Subd. 5a..
The commissioner of public safety distributes a missing children's bulletin to
nonpublic schools on a quarterly basis. Minn. Stat. Ann. §299C.54.
An assault against a private school teacher performing official duties that results in
demonstrable bodily harm is a gross misdemeanor. Minn. Stat. Ann. §609.2231 Subd.
5.
Nonpublic school instructional or supervisory staff may use reasonable force to
restrain a student from self-injury or injury to another or to property. Minn. Stat. Ann.
§609.379.
Transportation
A school district eligible to receive state aid for transportation must provide equal
transportation within the district for all school children to any school when
transportation is necessary because of distance or traffic condition. Transportation
may be provided under limited circumstances to out-of-district schools.
Transportation is also authorized for nonpublic school students receiving pupil
support services at public schools or neutral sites. Minn. Stat. Ann. §123B.86.
Nonpublic schools students transported by a public school district must act in
accordance with the student bus conduct and discipline policies of the transporting
public school district. 2006 Omnibus Education Policy Act, Chapter 263, Article 1,
Section 10.
Public transportation of private schools students attending parochial schools does not
violate the Minnesota constitutional provision prohibiting the use opf public funds to
support sectarian schools. Americans United Inc. as Protestants and Other
Americans United For Separation of Church and State v. Ind. School Dist. No. 622,
Ramsey County, 179 N.W.2d 146, Minnesota Supreme Court (1970).
Textbooks
Local school districts must provide or loan ―textbooks, individualized instruction or
cooperative learning materials, and standardizes tests‖ to student enrolled in
nonpublic schools upon formal request on designated forms. Textbooks include only
secular, neutral and nonideological textbooks available to public school students.
Minn. Stat. Ann. §123B.42.
If the state appropriation for services is not sufficient, the Department of Education
must notify the school districts of the need to prorate the appropriation. Minn. Stat.
Ann. §123B.47.
Testing
Local school districts must provide standardized testing services to student enrolled in
nonpublic schools upon formal request. Minn. Stat. Ann. §123B.42.
Students attending nonpublic schools that are not accredited by a state-recognized
accrediting agency must be assessed annually using a nationally norm-referenced
standardized achievement examination. Students attending nonpublic schools
State Regulation of Private Schools—Minnesota
146
accredited by a state recognized accrediting agency are exempt from the testing
requirement. Minn. Stat. Ann. §120A.22, Subd. 11.
Minnesota may pay all or part of the fee for advanced placement examinations for
needy students attending nonpublic schools. Minn. Stat. Ann. §120B.13.
Special Education
Disabled students attending nonpublic schools that fulfill the compulsory instruction
requirements and comply with Title VI of the Civil Rights Act of 1964 may not be
denied special instruction and services on a shared time basis through the public
school. Transportation to and from the nonpublic school may be provided by the
school district. Minn. Stat. Ann. §125A.18.
Educational institutions are prohibited from discriminating on the basis of race, color,
creed, religion, national origin, sex, age, marital status, status with regard to public
assistance, sexual orientation, or disability or failing to ensure physical and program
access for disabled persons. Religious corporations, associations, and societies are
exempt with respect to qualifications based on religion or sexual orientation, when
these are bona fide occupational qualifications. Religious or denominational
institutions may limit or give preference to applicants of the same religion. Single-sex
private schools are also permitted. Minn. Stat. Ann. §§363.02 Subd. 1, 3; 363.03
Subd. 5.
Nursing and Health
Local school districts must provide equivalent health services and guidance or
counseling services ―as are provided to public school pupils by the district where the
nonpublic schools is located‖ to students attending nonpublic schools upon formal
request. Health services may be provided on the nonpublic school grounds. Minn.
Stat. Ann. §123B.44.
Nonpublic school students may participate in the state's milk program that ensures
all students have access to milk on a daily basis. Minn. Stat. Ann. §124D.118.
If a nonpublic school participates in the school lunch aid program or school breakfast
program, the school must make lactose-reduced milk available to students. Minn.
Stat. Ann. §124D.114.
If a nonpublic school participates in the school lunch aid program or school breakfast
program, state aid is provided on a per-meal basis in addition to the federal
reimbursements. Minn. Stat. Ann. §124.D.111 and 124D.1158.
Technology
Minnesota traditional nonpublic schools may purchase computers through the
Minnesota Computers for Schools Program. Computers for Schools is a program of
the Minnesota Correctional Facility, where inmates refurbish computers donated by
corporations.
Minnesota traditional nonpublic schools are covered under the Telecommunications-
Internet Access Equity Aid. Minn. Stat. Ann. §125B.26.
Minnesota nonpublic schools may participate in the federal e-rate program.
State Regulation of Private Schools—Minnesota
147
Professional Development
Nonpublic school administrative units are eligible for nonvoting associate
memberships in the Educational Cooperative Service Units. The ECSU performs
educational planning on a regional basis and provides educational programs and
services. Minn. Stat. Ann. §123A.21, Subd. 3.
The Minnesota Academic Excellence Foundation was established to promote
academic excellence in Minnesota public and nonpublic schools. Through the
foundation, students and teachers are recognized for academic excellence and an
academic league provides competition for public and nonpublic students in
elementary and secondary schools. Minn. Stat. Ann. §124D.94, Subd. 2.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
A nonprofit nonpublic school may complete the Minnesota Department of Revenue‘s
Application for Nonprofit Exempt Status—Sales Tax. Minn. Stat. Ann. §297A.70.
Public Aid for Private Education
Constitutional provisions: ―In no case shall any public money or property be
appropriated or used for the support of schools wherein the distinctive doctrines,
creeds or tenets of any particular Christian or other religious sect are promulgated or
taught." Minn. Const. Art. XIII, §2.
Programs for financial assistance for attendance at private schools:
K–12 Education Credit and Subtraction Program provides financial assistance to
parents of qualifying students through Minnesota tax credits for qualified educational
expenses. Students qualify if they attend a public, private, or home school. Qualified
educational expenses include: tutoring by a qualified instructor; fees for qualified
after-school programs; tuition for qualified summer camps; music lessons; qualified
nonreligious books and materials; purchase or rental of musical instruments for use in
regular school music classes; qualified transportation costs; and up to $200 in
computer related expense. The subtraction program was enacted in 1955 and
expanded in 1997. It allows parents of qualifying students to receive subtractions
from their taxable income for qualified expenses that were covered by the tax credit
as well as tuition for private school and college courses that satisfy high school
graduation requirements. The same expense cannot be claimed as both a credit and
subtraction. The amount of the credit is 75 percent of the amount expended with
income restrictions on the maximum credit amount. The maximum subtraction
amount is $1,625 for students in grades K–6 and $2,500 for students in grades 7–12.
Minn. Stat. Ann. §290.0674 and Minn. Stat. Ann. §290.01.
Homeschooling
―The parent of a child is primarily responsible for assuring that the child acquires
knowledge and skills that are essential for effective citizenship.‖ Minn. Stat. Ann.
§120A.22.
State Regulation of Private Schools—Minnesota
148
Home schools4 have the same responsibilities and services as private schools in
Minnesota.
Teacher certification is not required. However, if the home school is not is accredited
by a Minnesota state recognized accrediting agency (TEACH or HBEA as of Sept.
2008), then the parent is required to submit instructor qualifications in accordance
with the Compulsory Instruction Law. Minn. Stat. Ann. §120A.22, Subd.10(6).
Home schools are required to provide instruction in: 1) basic communication skills
including reading and writing, literature, and fine arts; 2) mathematics and science; 3)
social studies including history, geography, and government; and 4) health and
physical education. Minn. Stat. Ann. §120A.22.
Instruction, textbooks, and materials must be in the English language. It is
permissible to use another language according Minn. Stat. Ann. §124D.59-124D.61.
The local superintendent is responsible for ensuring compliance with Minnesota‘s
compulsory instruction law and may request annual meetings from home school
programs. Minn. Stat. Ann. §120A.26.
A home school student is required each year to be ―assessed using a nationally norm-
referenced standardized achievement examination.‖ Both the parent and the
superintendent must agree on the specific examination, the administration, and
location of the examination. Minn. Stat. Ann. §120A.22, Subd.11.
A parent conducting a home school must complete and submit the Minnesota
Compulsory Instruction Report, which requires the name, age, and address of each
child receiving instruction to the local superintendent by October 1 of each school
year. In addition, the parent must submit and instructional calendar to the
superintendent and maintain documentation that of the required subjects being taught,
including class schedules, materials for instruction, and descriptions of methods used
to assess student achievement. Minn. Stat. Ann. §120A.24.
Parents conducting a home school program must submit ―a quarterly report card on
the achievement of the child in each subject area required.‖ Minn. Stat. Ann.
§120A.24.
Home schools must submit immunization to the local school district where the school
resides. Minn. Stat. Ann. §121A.15.
Home school students may take nonelective core courses in the local public school at
the discretion of the local school district. Local school districts receive pro-rated
funding from the state for the portion of time used to educate nonpublic school
students. Minn. Stat. Ann. §126C.19.
Home school students are eligible to participate in cocurricular activities in their
resident local school district. Minn. Stat. Ann. §123B.49.
Information resources
Minnesota Department of Education: Nonpublic School Choice
<http://education.state.mn.us/mde/Academic_Excellence/School_Choice/Nonpublic_
School_Choice/index.html>
Minnesota Department of Education: Home Schooling
<http://education.state.mn.us/mde/Academic_Excellence/School_Choice/Nonpublic_
School_Choice/Home_Schooling/index.html>
4 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—Minnesota
149
Minnesota Department of Education: Minnesota Compulsory Instruction Report
<http://education.state.mn.us/mdeprod/groups/Choice/documents/Form/034933.pdf>
Minnesota Department of Revenue: Education Credit and Subtraction
<http://www.taxes.state.mn.us/taxes/individ/credits_subtractions_additions/education
_credits_subtractions/educ_credit_sub.shtml>
Minnesota Department of Revenue: Application for Nonprofit Exempt Status – Sales
Tax <http://www.taxes.state.mn.us/forms/st16.pdf>
Minnesota Statutes <https://www.revisor.leg.state.mn.us/statutes/>
Minnesota Department of Education
1500 Highway 36 West
Roseville, MN 55113-4266
Phone: 651-582-8200
Fax: 651-582-8724
E-mail: mde.commissioner@state.mn.us
Web site: http://education.state.mn.us/mde/index.html
U.S. Department of Education, Minnesota
Updated February 4, 2009
150
MISSISSIPPI
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Nonpublic schools may be accredited by independent nonpublic school
accrediting agencies. Miss. Code Ann. §37-17-9.
No requirements for Registration.
No requirements for Licensing.
Approval is optional.
Nonpublic schools may request approval by Mississippi State Board of
Education. A process set by the State Board of Education will determine
approval, but the standards for nonpublic school approval may not be more
rigorous than the accreditation standard for public schools. Miss. Code Ann.
§37-17-7.
Standards for state approval and accreditation are set out in the policy
document, Nonpublic Schools Accountability Standards, 2004.
Private schools must reapply for accreditation no later than October 1 each
year. The application requires information on the following: Name, mailing
address and telephone number(s) of the school; name of the chief school
administrator; name, address and phone number of the chairperson of the
governing board; number of students enrolled by grade, race and sex; number
of instructional staff members by grade level and total; annual calendar of the
school; participation in federal and state funded programs; graduation data;
and a preliminary list of school staff. Nonpublic Schools Accountability
Standards, 2004.
The Mississippi Board of Education assigns an accreditation status from the
following four options: accredited, advised, probation and withdrawn.
Nonpublic Schools Accountability Standards, 2004.
The first year a private school fails to comply with state requirements for
accreditation it will be assigned an ―advised‖ status. If the private school does
not take corrective action to resolve the deficiencies within the following year,
it will be assigned a ―probation‖ status. If the school fails to meet the
requirements after being assigned ―probation‖ status the school‘s accreditation
will be withdrawn. Nonpublic Schools Accountability Standards, 2004.
Teacher Certification
Teacher certification is required for those schools that choose to be approved by the
State Board of Education. Nonpublic Schools Accountability Standards, 2004
Length of School Year/Days
A nonpublic school term is the number of days that each school requires for
promotion from grade to grade. Miss. Code Ann. §37-13-91(2)(e).
State Regulation of Private Schools—Mississippi
151
Curriculum
The secretary of state will furnish without charge applications for voter registration
by mail to private schools upon request. Miss. Code Ann. §23-15-47(4)(a).
Agricultural high schools may be leased by private schools if there are no funds
available to run the institution. Miss. Code Ann. §37-27-31.
Recordkeeping/Reports
All compulsory-school-aged children must be enrolled in a public school, private
school, or homeschool program. The parent or guardian of a compulsory-school-age
or the nonpublic school official must complete a certificate of enrollment for each
such student. The certificate, provided by the State Board of Education, asks the
following basic information: 1) name, address and date of birth of the student; 2)
name and address of the parent or guardian; 3) a simple description of the type of
education provided; 4) name and address of the nonpublic school; and 5) parent or
guardian and school official signatures and date signed. The certificate must be
returned to the school attendance officer for the youth or family court where the child
resides on or before September 15 of each year. Miss. Code Ann. §37-13-91(3).
Private, parochial or denominational schools accepting free school textbooks on
behalf of their students must file annual reports as required by the State Board of
Education. Miss. Code Ann. §37-43-51.
State accredited private schools are required to submit an Annual Application Form,
an Annual Compliance Report, an Annual Personnel Data Report and a Summer
School/Extended Year Report. Nonpublic Schools Accountability Standards, 2004.
Health and Safety Requirements
Church-related and private schools are exempt from Mississippi's State Board of
Health standards for preparation of food. Miss. Code Ann. §41-3-15.
The circuit court clerk will notify the State Department of Education of any
certificated personnel employed by a private elementary or secondary school that is
convicted of a felony or of a sex offense. Miss. Code Ann. §37-3-51.
The president or chancellor of a private school will be notified by the local law
enforcement office if any enrolled student is arrested and convicted of a
misdemeanor. Miss. Code Ann. §37-11-29.
The sale or distribution of a controlled substance within 1,000 feet of the real
property of a private school or 1,500 feet of a private school building may be
punished by an enhanced penalty, twice the authorized imprisonment or fine or both,
for a first offense and three times the penalty for a subsequent offense. Miss. Code
Ann. §41-29-142.
Transportation
There is no state policy at this time.
Textbooks
Students attending state approved nonpublic schools are allowed to borrow books at
no cost from the local school district. Miss. Code Ann. §37-43-1.
State Regulation of Private Schools—Mississippi
152
The loan of textbooks to qualified private schools does not violate Mississippi's
constitutional prohibition against public support of sectarian schools or the control of
educational funds by religious sects. Chance v. Mississippi State Textbook Rating &
Purchasing Bd., 200 So. 706 (1941).
Testing
There is no state policy at this time.
Special Education
Mississippi provides financial assistance to exceptional children attending accredited
private or parochial schools. Tuition reimbursement for applicants choosing to attend
private or parochial schools is 100 percent for the first $600. If the local school
district Individual Education Program Committee determines that the district cannot
provide a free appropriate public education for a handicapped child, the state will
reimburse the district for placement in an accredited private or parochial school up to
a maximum of $3,000. Miss. Code Ann. §37-23-61 et seq.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The income from transporting grade school students under contract with nonprofit
private schools is exempt from Mississippi sales tax. Miss. Code Ann. §27-65-107.
Public Aid for Private Education
Constitutional provisions: Mississippi's Constitution prohibits the appropriation of
any state education funds for the support of sectarian schools or private schools. Miss.
Const. Art. 8, Sec. 208.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
Homeschools meet the definition of "nonpublic schools", which means an institution
for the teaching of children, consisting of a physical plant, whether owned or leased,
including a home, instructional staff members and students, and which is in session
each school year. This definition shall include, but not be limited to, private, church,
parochial, and home instruction programs. Miss. Code Ann. §37-13-91 (2) (I).
State Regulation of Private Schools—Mississippi
153
The parent or guardian of a child enrolled in a legitimate homeschool program is
required to complete a "Certificate of Enrollment" and return it to the school
attendance officer where such child resides on or before September 15 of each year.
Miss. Code Ann. §37-13-91 (3).
Other than the Certificate of Enrollment, there are no current state laws concerning
requirements for homeschooling programs.
A parent must educate his child in a ―legitimate home instruction program‖ and not
with the ―purpose of avoiding or circumventing the compulsory attendance law.‖
Miss. Code Ann. §37-13-91 (3)(c).
The State of Mississippi does not have the ―authority to control, manage or supervise‖
the private education of children.‖ Miss. Code Ann. §37-13-91(9).
Information resources
Mississippi Department of Education: Nonpublic Schools Accountability Standards,
2004 <http://www.mde.k12.ms.us/accred/NPRegs.doc>
Mississippi Code
Title 37 Education
<http://michie.lexisnexis.com/mississippi/lpext.dll?f=templates&fn=main-
h.htm&cp=>
Mississippi Department of Education
359 North West Street
P.O. Box 771
Jackson, MS 39205
Phone: 601-359-3513
Fax: 601-359-3242
Web site: http://www.mde.k12.ms.us/
U.S. Department of Education, Mississippi
Updated December 5, 2008
154
MISSOURI
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is mandatory.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is not required by Missouri state statute for teachers in non-
public schools. Nonpublic school teachers that hold state certification are subject to
discipline by the State Board of Education for misconduct under Mo. Rev. Stat.
§168.071.
The State Board of Education may refuse to issue or may revoke a nonpublic school
teacher's certificate upon conviction of a felony or crime involving moral turpitude.
Mo. Rev. Stat. §168.071(2).
Length of School Year/Days
Students in Missouri have the opportunity to enroll at public, private, parochial,
parish, home schools or a combination of the above. Mo. Rev. Stat. §167.031.
Curriculum
Private schools, except privately operated trade schools, must provide courses of
instruction in the Constitution of the United States and of Missouri, American history
and institutions. Instruction must begin no later than 7th grade and continue in high
school to the extent determined by the commissioner of education. No pupil can
receive a certificate of graduation from any private school, except private trade
schools, without satisfactorily passing an examination on these subjects. The
commissioner will prescribe a list of suitable texts. These provisions do not apply to
foreign exchange students. Mo. Rev. Stat. §170.011.
The chief school officer of a nonpublic school has a duty to provide students
information on available financial assistance for post-secondary education. The
commissioner of higher education will provide nonpublic schools and their pupils
with relevant information. Mo. Rev. Stat. §167.278.
Recordkeeping/Reports
Each school superintendent of a private, parochial, or parish school must prepare a
record showing the immunization status of every child enrolled. The superintendent
must report the name of any parent or guardian who neglects or refuses to permit a
nonexempt child to be immunized. Mo. Rev. Stat. §167.181(4).
Student immunization records may be disclosed without a parent or guardian's written
authorization to individuals with a need to know as specified by statute, e.g.
State Regulation of Private Schools—Missouri
155
employees of public agencies and departments. Anyone releasing the information for
any other purpose would be liable for damages. Mo. Rev. Stat. §167.183.
Health and Safety Requirements
Students attending private, parochial, or parish schools must comply with the
Department of Health regulations governing the immunization against poliomyelitis,
rubella, rubeola, mumps and diphtheria, tetanus and pertussis. A student may not
attend school unless he has been immunized, presents evidence of having begun the
process, or is exempt. Mo. Rev. Stat. §167.181.
Students are exempt from immunization if a parent or guardian presents to the school
administrator a written objection based on religious beliefs or a written statement
from a licensed physician that the immunizations are medically contraindicated. Mo.
Rev. Stat. §167.181.
Private elementary and secondary schools may obtain information from Missouri's
central registry of child abuse and neglect reports for information pertaining to
employees and volunteers or prospective employees and volunteers who provide
services or care for children. Mo. Rev. Stat. §210.150(8).
Students, teachers and visitors are required to wear industrial quality eye protective
devices for courses involving exposure to certain hazardous materials. Mo. Rev. Stat.
§170.005.
Private and parochial schools were required to examine their structures for friable
asbestos and report the results to the Department of Health by March 1, 1987. Schools
that have not completed their removal plan must reevaluate the material biennially
and file a report with the Department. Schools that identified nonfriable asbestos must
reevaluate the material every three years, file a report with the Department and make
their findings available to its employees and the public. Mo. Rev. Stat. §643.263.
Distribution of a controlled substance on or within 1,000 feet of a private elementary
or secondary school in Missouri is a felony. Mo. Rev. Stat. §195.214.
"School-Based Nonviolent Conflict Resolution" materials developed by the
Department of Health and Department of Elementary and Secondary Education can
be made available to all schools, including private and parochial schools, and the
general public. Mo. Rev. Stat. §170.046.
Transportation
Transportation is not provided for students attending private schools. The provision
of transportation of parochial school students by public school bus that also
transported public school children violates the Missouri constitution. McVey v.
Hawkins, 258 S.W.2d 927 (Mo. 1953).
Textbooks
Materials, supplies or equipment, paid for with public funds, may not be provided to
nonpublic schools. The provision of textbooks to teachers in private schools violates
the Missouri Constitution. Paster v. Tussey, 512 S.W. 2d.97 (Mo. 1974).
Testing
Missouri state law does not require testing of nonpublic school students.
State Regulation of Private Schools—Missouri
156
Special Education
The Missouri Department of Education may assign severely handicapped children to
a private agency when it is in the best interests of the child. Mo. Rev. Stat. §162.735.
Special educational services may be offered during the regular school day to children
who attend private, parochial, and parish schools. Transportation is not required for
these services. Mo. Rev. Stat. §162.996.
Missouri's Constitution notwithstanding, educationally deprived children attending
nonpublic schools in Missouri are entitled to receive federal funds for special services
comparable in quality, scope and opportunity to children in public schools. Barrera v.
Wheeler, 475 F.2d 1388 (1973).
Nursing and Health
Nonpublic school students have access to state and county health services on the
same basis as their public school counterparts.
Missouri provides special services to children enrolled in nonpublic schools identified
as having a high risk of dropping out of school. Services may include skills
assessment, tutoring, academic and personal counseling, family counseling, home
visits and staff development. Services must be provided at sites other than sectarian
nonpublic schools. Mo. Rev. Stat. §167.280.
Technology
Public, private and home school students are eligible to enroll in the Missouri Virtual
Instruction Program (MoVIP), which offers online K–12 courses for students
statewide.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Sales by or to public and nonpublic elementary and secondary schools are exempt
from local sales tax. Mo. Rev. Stat. §144.030.2 (19) and (22).
Public Aid for Private Education
Constitutional provisions: The Missouri Constitution provides "No person can be
compelled to . . . support any . . . teacher of any sect." Missouri Constitution, Art. I
§6.
The public school fund may not be used for any other purpose than establishing and
maintaining free public schools. The Constitution further prohibits public aid to any
private school controlled by any religious creed, church, or sectarian denomination.
Missouri Constitution, Art. IX §8.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
State Regulation of Private Schools—Missouri
157
Homeschooling
Any parent may educate a child at home. The parent does not have to hold a teaching
certificate or meet any education requirements. If a parent decides to home school,5
he or she must provide 1,000 hours of instruction during the school year, with at least
600 hours in the basics, such as reading, language arts, mathematics, social studies,
and science. At least 400 of the 600 hours must be taught in the home location. Mo.
Rev. Stat. §167.031.
A parent who is home schooling a child must maintain the following records: a plan
book, diary, daily log, or other written record indicating subjects taught and the
activities engaged in with the student; a portfolio containing samples of the student‘s
academic work; and a record of evaluation of the student‘s academic progress. Mo.
Rev. Stat. §167.031.
The parents may notify the superintendent of schools or the recorder of county deeds
in the county where the parent resides of their intention to home school. This is done
before September 1 annually. The law is permissive in the area of registering and
does not mandate registration. Mo. Rev. Stat. §167.042.
If families are educating students of high school age and elect to reenroll in the public
schools, they need to be aware of the local board of education policies on accepting
credit for students from unaccredited educational programs. There is no recognized
high school diploma for home school students. Individuals who have been home
schooled may take the high school equivalency exam to obtain their GED.
Information resources
Missouri Department of Elementary and Secondary Education: State Regulations or
Laws Regulating Private Schools
<http://www.dese.mo.gov/schoollaw/freqaskques/PrivSchLtr.htm>
Missouri Virtual Instruction Program (MoVIP) <http://www.movip.org/>
Missouri Revised States <http://www.moga.mo.gov/statutesearch/>
Missouri Department of Elementary and Secondary Education
205 Jefferson Street
P.O. Box 480
Jefferson City, MO 65102-0480
Phone: 573-751-4212
Fax: 573-751-8613
TTY: (800) 735-2966
E-mail: pubinfo@dese.mo.gov
Web site: http://dese.mo.gov/
U.S. Department of Education: Missouri
Updated December 15, 2008
5 ―Home school‖ is the term written in state law.
158
MONTANA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Nonpublic schools may be accredited upon request by the superintendent of
public instruction in the same manner as public schools. Mont. Code Ann.
§20-7-102.
The three categories of accreditation are: regular accreditation, accreditation
with advice, and deficiency accreditation. ―Nonaccredited status means that a
school on deficiency status fails to document that it had met its improvement
plan.‖ Administrative Rules of Montana 10-55-605, established by Montana
Board of Public Education authorized by Mont. Code Ann. §20-7-101.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
A Montana teacher certification is required for all administrators, specialists, and
instructors serving in an accredited school.
Length of School Year/Days
Attendance at a nonpublic school exempts a student from public education if the
nonpublic school provides 180 days of instruction or the equivalent. Mont. Code Ann.
§20-5-109(2).
Curriculum
Attendance at a nonpublic school exempts a student from public education if the
nonpublic school provides an organized course of study that includes instruction in
the subjects required of public schools as a basic instructional program. Mont. Code
Ann. §20-5-109(4).
Accredited schools must comply with specified class size requirements in accordance
with Administrative Rules of Montana 10-55-712 and 10-55-703, established by
Montana Board of Public Education authorized by Mont. Code Ann. §20-7-101.
Accredited schools must meet the Program Foundation Standards of curriculum that
are listed in the Administrative Rules of Montana 10-55, established by the Montana
Board of Public Education Mont. Code Ann. §20-7-101.
Private accredited schools‘ curriculum must be reviewed every five years at the local
level. Administrative Rules of Montana 10.55.603(b).
―The content and performance standards shall be used by school districts to develop
local curriculum and assessment in all the content areas including: communication
arts (reading, English language, second language, literature, writing, listening,
speaking); arts; health enhancement; library media; mathematics; media literacy;
science; social studies; technology; career and vocational or technical education;
State Regulation of Private Schools—Montana
159
world languages; and workplace competencies. The K–12 content standards describe
what students shall know, understand and be able to do in these content areas.
Benchmarks define the expectations for students‘ knowledge, skills, and abilities
along a developmental continuum in each content area. Progress toward meeting
these standards is measured at three points along that continuum: the end of grade 4,
the end of grade 8, and upon graduation.‖ Administrative Rules of Montana 10-54-
2501.1.
Recordkeeping/Reports
Attendance at a nonpublic school exempts a student from public education if the
nonpublic school maintains records on pupil attendance and immunization and makes
the records available to the county superintendent on request. Mont. Code Ann. §20-
5-109(1).
Each accredited school must keep, in secure storage, a permanent record for each
student. This file must include: (a) the name and address of the student; (b) his or
her parent or guardian; (c) birth date; (d) academic work completed; (e) level of
achievement (grades, standardized achievement tests); (f) immunization records as
per 20-5-406, MCA; and (g) attendance data. If a school closes all records are to be
sent to the local county superintendent. Administrative Rules of Montana 10-55-909,
established by Montana Board of Public Education authorized by Mont. Code Ann.
§20-7-101.
Health and Safety Requirements
The governing authority of any school may not allow any person to attend unless the
person has been immunized, qualifies for conditional attendance because he has
begun the immunization process, or files an exemption. If a student transfers to
another school, the sending school must forward the original immunization records to
the new school. Mont. Code Ann. §20-5-403.
Students are exempt from immunization requirements if they file a notarized affidavit
claiming a religious exemption or a written statement by a physician that
immunization is unsafe on medical grounds. The statements must be maintained in
the student's immunization records. Mont. Code Ann. §20-5-405.
The Department of Health and Environmental Sciences is responsible for making
sanitary inspections of schoolhouses. Mont. Code Ann. §50-1-203.
Attendance at a nonpublic school exempts a student from public education if the
nonpublic school is housed in a building that complies with applicable local health
and safety regulations. Mont. Code Ann. §20-5-109(3).
Private school buildings used for housing or instructing students may not be built,
enlarged, or remodeled until the plans have been approved by the Department of
Commerce or a municipality or county with a building code. Mont. Code Ann. §20-6-
622.
Schools must conduct at least eight disaster drills each year. At least four of the drill
must be fire exit drills. Drills must be held at different hours of the day or evening. A
board of trustees shall identify local hazards that exist within the boundaries of its
school district and design drills to address those hazards. The recall signal must be
State Regulation of Private Schools—Montana
160
separate and distinct from any other signal. Mont. Code Ann. §§20-10401, 20-10402,
20-1-404.
The sale of dangerous drugs on or within 1,000 feet of a private elementary or
secondary school is a criminal offense under Montana's criminal code. Mont. Code
Ann. §45-9-109.
Private schools may organize school safety patrols to direct pupils as to when and
where to cross highways. The school safety patrol is comprised of students. Parent or
guardians must give written consent for participation. No liability attaches to the
student because of an injury sustained by a pupil. Mont. Code Ann. §20-1-408.
Transportation
Nonpublic school students may ride a public school bus if there is seating capacity
available and the child secures a permit from the local school district. The school
district may charge the child his proportionate share of the cost of operating the
school bus. Mont. Code Ann. §20-10-123.
School children traveling to and from parochial schools may receive free
transportation or reduced rates from common carriers. Mont. Code Ann. §69-11-
208(1)(o).
Special education students are eligible for transportation when enrolled under an
approved tuition agreement in a private institution. Mont. Code Ann. §20-7-441(4).
Textbooks
There is no state policy at this time.
Testing
All accredited schools must annually administer a state-level assessments approved
by the state board. Each spring the office of public instruction will identify a week
when students in grades four, eight, and eleven must participate state level
assessments in reading, communication arts, mathematics, science, and social studies.
All results of the state-level assessments must be provided to the office of public
instruction and school districts in a format specified by the office of public instruction
and approved by the board of public education. Administrative Rules of Montana
10.56.101.
Special Education
To the maximum extent possible, children with disabilities in private institutions must
be educated with children who do not have disabilities. Mont. Code Ann. §20-7-411.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
State Regulation of Private Schools—Montana
161
Teachers and specialists serving accredited schools must annually complete a
minimum of three pupil instruction related (PIR) days of professional development.
Administrative Rules of Montana 10-55-714.2, established by Montana Board of
Public Education authorized by Mont. Code Ann. §20-7-101.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The Montana Constitution permits the legislature to exempt property used exclusively
for educational purposes from property taxes. Mont. Const., Art. 8, §5(b).
Tuition for nonprofit private educational institutions is exempt from Montana sales
tax and use tax. 1993 Mt. Ch. 544 §31.
Public Aid for Private Education
Constitutional Provisions: The Montana Constitution prohibits public aid to schools
controlled in whole or in part by any church, sect, or denomination. This provision
does not apply to federal sources of income for nonpublic education. Mont. Const.,
Art. X, §6.
The Montana Constitution prohibits appropriations for educational purposes to
private associations or corporations not under control of the state. Mont. Const., Art.
V, §11.
The Montana Supreme Court has interpreted the state constitution to prohibit school
boards from employing teachers to teach secular subjects in parochial schools. State
ex rel. Chambers v. School District, 472 P.2d 1013 (1970).
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
Montana compulsory enrollment law is met if a parent or guardian has his or her child
―(e) enrolled in a nonpublic or home school6 that complies with the provisions of 20-
5-109. For the purposes of this subsection (e), a home school is the instruction by a
parent of his child, stepchild, or ward in his residence and a nonpublic school includes
a parochial, church, religious, or private school. ‖ Mont. Code Ann. §20-5-102(2).
A home school must (1) maintain and make available to the county superintendent
(upon request) attendance and disease immunization records; (2) meet the minimum
aggregate hours of instruction in accordance with Mont. Code Ann. §20-1-301 and
Mont. Code Ann. §20-1-302; (3) operate in a building that meets applicable local
health and safety regulations; (4) ―provide an organized course of study that includes
instruction in the subjects required of public schools as a basic instructional program
pursuant to Mont. Code Ann. §20-7-111‖; and (5) ―notify the county superintendent
of schools of the county in which the home school is located in each school fiscal
year of the student's attendance at the school." Mont. Code Ann. §20-5-109.
―Subject to the provisions of Mont. Code Ann. §20-5-109, a parent has the authority
to instruct his child, stepchild, or ward in a home school and is solely responsible for:
6 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—Montana
162
(1) the educational philosophy of the home school; (2) the selection of instructional
materials, curriculum, and textbooks; (3) the time, place, and method of instruction;
and (4) the evaluation of the home school instruction.‖ Mont. Code Ann. §20-5-111.
Information resources
Montana Office of Public Instruction: Montana School Accreditation Standards and
Procedures Manual <http://www.opi.mt.gov/pdf/Accred/05AccredManual.pdf>
Montana Office of Public Instruction: Montana Home School Information
<http://www.opi.mt.gov/pdf/Measurement/HomeSchoolPacket.pdf >
Montana Code Annotated
Title 20: Education <http://data.opi.state.mt.us/bills/mca_toc/20.htm>
Montana Secretary of the State: Administrative Rules of Montana
<http://mtrules.org/>
Montana Office of Public Instruction
P.O. Box 202501
Helena, MT 59620-2501
Phone: 406-444-2082
Toll-Free: 888-231-9393
Fax: 406-444-3924
Web site: http://www.opi.mt.gov/
U.S. Department of Education, Montana
Updated December 1, 2008
163
NEBRASKA
Accreditation/Registration/Licensing/Approval
In Nebraska, a nonpublic school must be either (a) Accredited; (b) Approved; or (c)
receive an exemption from the commissioner of education from the requirements for
the operation of approved private schools.
Accreditation is optional.
Approved private or parochial schools are eligible to apply for and maintain
accreditation. Title 92, Nebraska Administrative Code, Chapter 10.
No requirement for Registration.
A school must submit required assurances and documentation to this
Department to be approved or accredited.
No requirement for Licensing.
Licensing, in the form of approval or accreditation by this Department, is
required for private schools not operating as exempt schools. All teachers in
approved or accredited schools must hold a valid Nebraska Teaching
Certificate. Persons instructing students in exempt schools do not have to
possess a teaching certificate. Neb. Rev. Stat. §§79-201(2), 79-1601.
Approval is mandatory.
Approval is required unless a school chooses to operate under the provisions
for ‗exempt‘ schools.
Section 79-318(5)(c) of the Revised Statutes of Nebraska authorizes the
Nebraska Department of Education to establish rules and regulations
regarding the governance and standards for private, denominational, and
parochial schools which elect, pursuant to procedures prescribed in
subsections (2) to (4) of Section 79-1601 R.R.S., not to meet all state
accreditation or approval requirements. Title 92, Nebraska Administrative
Code, Chapter 12 and Chapter 13.
Schools exempt from the approval and accreditation requirements are not
considered either approved or accredited by the Nebraska Department of
Education and are not entitled to any of the benefits, privileges, or services
accorded or provided to approved or accredited schools by the Nebraska
Department of Education. Title 92, Nebraska Administrative Code, Chapter
12 and Chapter 13.
Teacher Certification
Private, denominational, and parochial school teachers in accredited and approved
schools must hold a valid Nebraska certificate or permit issued by the commissioner
of education. Neb. Rev. Stat. §79-802.
Employees of schools electing not to be accredited or approved (exempt schools)
need not be certified, but must complete appropriate subject matter components of a
nationally recognized teacher competency examination or offer evidence of
competence through informal methods of evaluation developed by the State Board of
State Regulation of Private Schools—Nebraska
164
Education. These methods are described in the aforementioned regulations, Chapter
12 and 13 of Title 92 of the Nebraska Administrative Code. Neb. Rev. Stat. §79-
1601(5).
Length of School Year/Days
Under Nebraska's compulsory education statute, a school term (year) must be no less
than 1,032 instructional hours for elementary school and 1,080 instructional hours for
high school. Kindergarten‘s school term must be at least 400 clock hours. Neb. Rev.
Stat. §79-211.
Curriculum
Approved and accredited private, denominational, and parochial schools, K–5, must
devote at least one hour per week for stories of American history and American
heroes, singing patriotic songs and memorization of the Star Spangled Banner and
America and the development of reverence for the flag and proper conduct in its
presentation. Neb. Rev. Stat. §79-724.
In two grades from grades 5–8, approved and accredited private, denominational, and
parochial schools must devote at least three periods per week for American history
from approved textbooks, taught to make the course interesting and attractive, and to
develop a love of country. In at least two grades of every high school, three periods
per week must be devoted to civics, including the constitutions of the United States
and Nebraska, the benefits and advantages of our form of government, the dangers
and fallacies of Nazism, communism, and similar ideologies, and the duties of
citizenship. Appropriate patriotic exercises must be held for Lincoln's birthday,
Washington's birthday, Flag Day, Memorial Day, and Veteran's Day. Nebraska
requires that all of these history courses stress contributions of all ethnic groups in the
growth of America, art music, education, medicine, literature, science, politics,
government and war service. Neb. Rev. Stat. §79-724.
Approved and accredited private schools must provide regular periods of instruction
on fire dangers and fire prevention. Neb. Rev. Stat. §79-706.
Approved and accredited private, parochial and denominational school teachers must
give special emphasis in their instruction to common honesty, morality, courtesy,
obedience to law, respect for the national flag, the Constitution of the United States,
and the Constitution of Nebraska, respect for parents and the home, the dignity and
necessity of honest labor, and other lessons which promote an upright and desirable
citizenry. Neb. Rev. Stat. §79-725.
Various other requirements concerning the curriculum of both accredited and
approved schools are described in Title 92, Nebraska Administrative Code, Chapters
10 and 14.
Exempt private schools are instead required to assure the commissioner of education
that they will provide instruction leading to the acquisition of basic skills in language
arts, math, science, social studies and health. Neb. Rev. Stat. §79-1601.
Instruction must be given in the English language in private, denominational and
parochial schools. Nebraska Constitution Art. I, Sec. 27.
State Regulation of Private Schools—Nebraska
165
Recordkeeping/Reports
Private schools must notify in writing persons enrolling new students that within 30
days they must provide a certified copy of the student's birth certificate or other
reliable proof of the student's identity and age with an affidavit explaining why the
birth certificate is inaccessible. Exempt schools (homeschools) provide the
commissioner of education this same documentation. Neb. Rev. Stat. §43-2007(2).
On the third day of classes, in private, denominational, and parochial schools, the
teachers shall send to the superintendents or administrator of the school a list of the
pupils enrolled in his or her school with the age, grade and address of each. Neb. Rev.
Stat. §79-205.
Private, denominational, and parochial school teachers must keep a record of the
name, age, and address of each child enrolled, the number and county of the school
district, the number of days present and absent, and the cause of absence. Neb. Rev.
Stat. §79-205.
Chief executive officers of approved or accredited nonpublic schools serving grades
7–12 must report the number of students who dropped out, were suspended, or
excluded from school to the commissioner of education annually. Neb. Rev. Stat. §79-
527.
Student records must be provided at no charge to any public or private school, upon
request, when the student transfers. Neb. Rev. Stat. §79-2,105.
When notified that a student currently or previously enrolled is a missing person,
private schools must flag the student's records and report immediately any request for
the records or knowledge of the person's whereabouts to the local law enforcement
agency. Schools must not forward a copy of the student's flagged record to a
requesting school. Neb. Rev. Stat. §43-2007.
Exempt schools annually file certain basic documentation with this Department
including names and ages of students, address of the school and names of the persons
instructing them. Neb. Rev. Stat. §79-1601.
Health and Safety Requirements
Approved and accredited private, denominational and parochial schools must provide
monthly fire drills. Neb. Rev. Stat. §79-706.
Approved and accredited private schools must conduct regular fire drills in
accordance with adopted regulations and keep all doors and exits unlocked during
school hours. Neb. Rev. Stat. §81-527.
The second Friday of May is designated as State Fire Day to be observed by approved
and accredited private and parochial schools to create awareness of fire damage. Neb.
Rev. Stat. §79-705.
Accredited schools are required to have in place a safety and security plan that meets
the requirements of the state‘s regulation on accreditation. Title 92, Nebraska
Administrative Code, Chapter 10.
Transportation
School boards providing transportation for children attending public schools must
also provide transportation on the regular public school bus routes without cost for
State Regulation of Private Schools—Nebraska
166
children attending nonprofit private schools within the district approved for legal
operation under Neb. Rev. Stat. §79-318(5)(c) and Neb. Rev. Stat. §79-601.
Nonprofit private schools must certify to the public school district the names,
addresses, days of school attendance and other useful information, on forms provided
by the State Department of Education. Neb. Rev. Stat. §79-601. This provision does
not violate the constitution of Nebraska. State ex rel. Bouc v. School Dist. of City of
Lincoln, 320 N.W.2d 472 (Neb. 1982).
Companies providing bus service to private, denominational, or parochial schools
must give instruction in safe riding practices and emergency evacuation drills at least
twice during each school year. Neb. Rev. Stat. §79-609.
School bus drivers must furnish to the governing authority of a nonpublic school a
driving permit issued by the Department of Motor Vehicles before contracting to
provide school bus services. Neb. Rev. Stat. §79-608.
Nonpublic schools must have transportation vehicles inspected by a motor vehicle
mechanic before school opens in the fall and every 80 days during the school year.
Neb. Rev. Stat. §79-602.
Textbooks
Public school Boards of Education have a duty to loan textbooks, upon request, to
children attending K–12 private schools approved for legal operation under Neb. Rev.
Stat. §79-318(5)(c) when funds are specifically appropriated by the state legislature.
The textbooks must be designated for use in the public schools and loaned to students
free of charge. Neb. Rev. Stat. §79-734.
Testing
Accredited private schools are required to administer a standardized norm-referenced
test in at least one grade in each of the following three levels: grades four to six,
grades seven to nine, and grades 10 to 12. Each school must submit a written
performance report annually. Title 92, Nebraska Administrative Code, Chapter 10,
Section 005.02.
Special Education
School districts are permitted to contract with private institutions for the education of
disabled students (Nebraska Constitution Art. VII, Sec. 11) provided that the referral
meets the regulatory requirements of NDE as provided in Title 92, Nebraska
Administrative Code, Chapter 51, Section 015.
Nursing and Health
Private schools may request assistance, including vaccines, serums, services and
guidance, from the Department of Health in establishing immunization clinics. Neb.
Rev. Stat. §79-218.
Private schools may request materials for a comprehensive health education course
prepared by the commissioner of education. Neb. Rev. Stat. §79-713.
Technology
There is no state policy at this time.
State Regulation of Private Schools—Nebraska
167
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Meals and food products sold for human consumption by private schools, student
organizations, and parent-teacher associations are exempt from sales and use tax,
including concession sales by elementary and secondary schools to the general public.
Neb. Rev. Stat. §77-2704.10.
Public Aid for Private Education
Constitutional provisions: The Nebraska Constitution prohibits state appropriations
for schools not owned or exclusively controlled by the state or a political subdivision.
Contracts with nonsectarian schools for the education of disabled students are an
exception. The Constitution specifically allows for the distribution of federal funds in
accordance with federal grants. Nebraska Constitution Art. VII, Sec. 11.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling (a.k.a Exempt Schools)
In Nebraska, "homeschools" are referred to as exempt schools and are considered
private non-approved and nonaccredited schools. By filing for and receiving exempt
status, parents are electing not to have their child attend a school that meets State
approval or accreditation requirements while also complying with the compulsory
school attendance law. Neb. Rev. Stat. §79-201.
A parent choosing to homeschool must file and receive exempt status in order to
comply with the compulsory school attendance law. Neb. Rev. Stat. §79-201.
Each of the parents or guardians of the children who will attend an exempt school and
who are of compulsory attendance age must sign a separate Statement of Objection
and Assurances in the presence of a notary and file it with the state. The compulsory
school attendance law (Section 79-201, R.R.S.) states that a child is of mandatory
attendance age if the child will reach 6 years of age prior to January 1 of the then-
current school year, and has not reached 18 years of age. Title 92, Nebraska
Administrative Code, Chapter 12 and Chapter 13.
By August 1 of each year or 30 days prior to the start of the exempt school, the
parents must submit to the commissioner: a calendar for the school year indicating a
minimum instruction of 1,080 for secondary schools and 1,032 for elementary
schools; a list of the names of all instructional monitors in the exempt school, their
contact information, and their qualifications; and a chart of written summary showing
the scope and sequence of the sequential program of instruction designed to lead to
basic skills in the language arts, mathematics, science, social studies, and health, by
grade level. Title 92, Nebraska Administrative Code, Chapter 12 and Chapter 13.
State Regulation of Private Schools—Nebraska
168
Parents or guardians that choose to homeschool are electing to not meet state
approval or accreditation requirements. Neb. Rev. Stat. §79-1601.
The parent assumes all costs related of the exempt school. Exempt schools will not
receive curriculum materials, books, guidelines or technical assistance from the
Nebraska Department of Education and approved or accredited schools are under no
obligation to provide assistance to exempt schools. However, if they choose to, the
local school board may allow it.
Nebraska does not have a formal requirement regarding the education qualification of
exempt school instructors.
When the Department deems necessary, officials can visit the exempt school at a
mutually established time. Likewise, when the department deems it necessary to
conduct regular achievement testing of students, it may be so at a mutually designated
and established time Title 92, Nebraska Administrative Code, Chapter 12 and Chapter
13.
Information resources
Nebraska Department of Education: Regulations and Procedures for the Legal
Operation of Approved Nonpublic Schools
<http://www.nde.state.ne.us/LEGAL/Rule14.html>
Nebraska Department of Education: Regulations and Procedures for the
Accreditation of Schools <http://www.nde.state.ne.us/LEGAL/RULE10.html>
Nebraska Department of Education: Exempt (Home) School Program
<http://ess.nde.state.ne.us/OrgServices/ExemptSchools/Default.htm>
Nebraska Department of Education: Exempt (Home) School Frequently Asked
Questions <http://ess.nde.state.ne.us/OrgServices/ExemptSchools/ExemptFAQ.htm>
Nebraska Department of Education: General Information Regarding State Education
Rules and Regulations <http://www.nde.state.ne.us/LEGAL/RULES.html>
Nebraska Revised Statutes
<http://www.unicam.state.ne.us/laws/browse-statutes.php>
Nebraska Department of Education
301 Centennial Mall South
P.O. Box 94987
Lincoln, NE 68509
Phone: 402-471-2295
Web site: http://www.nde.state.ne.us/
U.S. Department of Education, Nebraska
Updated January 21, 2009
169
NEVADA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Accreditation by national or regional accrediting agencies recognized by the
United States Department of Education may be accepted as evidence of
compliance with the minimum standards. NRS 394.241.
No requirements for Registration.
Licensing is mandatory.
Nevada defines license as ―the written authorization of the Board or
Commission to operate or to contract to operate a private elementary,
secondary or postsecondary educational institution.‖ NRS 394.075.
Under the Private Elementary and Secondary Education Authorization Act,
private schools must be licensed according to minimum criteria established by
the Board of Education. The criteria must be sufficient to effectuate the
purpose of the act but not unreasonably hinder legitimate educational
innovation. The minimum standards ensure that the quality and content of
instruction achieves the stated objective of the program; the school has
adequate space, equipment, instructional materials and personnel to provide
good quality education; the school complies with health and safety
regulations; and, the institution is financially sound and capable of fulfilling
its commitments. NRS 394.241.
Elementary and secondary educational institutions operated by churches,
religious organizations and faith-based ministries may claim an exemption to
the provisions of the Private Elementary and Secondary Education
Authorization Act. Institutions claiming an exemption must file with the
Board of Education the exemption on forms provided by the Department of
Education or in a letter containing the required information. The exemption
expires two years after the last day of the calendar month in which the filing is
made. NRS 394.211.
In order to operate in the state of Nevada, private schools must apply to the
superintendent on forms provided by the State Department of Education. The
application must include a ―catalog or brochure published or proposed to be
published by the institution.‖ The State Board of Education grants a license it
must include: the date of issuance, effective date and term of the license; the
correct name and address of the institution licensed to operate; the authority
for approval and conditions of operation; any limitations of the authorization,
as considered necessary by the Board. License authorization may be given for
a term of not more than four years. NRS 394.351.
A school must apply for license renewal at least 60 days before the expiration
of a license. NRS 394.351.
When a private school applies for a license or a license renewal, the
superintendent must inspect the school to ensure it ―operates in accordance
State Regulation of Private Schools—Nevada
170
with the provisions of all laws, regulations and ordinances relating to the
health and safety of persons on the premises,‖ ―maintains the records required
by the regulations of the Board relating to administrators, supervisors,
instructors and other educational personnel,‖ and has the insurance coverage
required by the State Board of Education. NRS 394.245.
License application fees are $300; renewal fees are $250. Schools applying for
a license must file a surety bond for not less than $5,000 or a certificate of
deposit for the same amount to provide indemnification for anyone suffering
damage from the school resulting from a violation of the act. Documents of
indebtedness for tuition payments are governed by state statute. NRS 394.351,
394.271.
The superintendent of public instruction maintains a list of private elementary
and secondary schools authorized to operate in the state and investigates
complaints brought against the schools. NRS 394.221, 394.231, 394.241,
394.271, 394.331, 394.351, 394.590.
No requirements for Approval.
Teacher Certification
―The education and experience qualifications of directors, administrators, supervisors
and instructors reasonably ensure that the students will receive education consistent
with the objectives of the course or program of study.‖ This is a minimum standard
that must be maintained by elementary and secondary educational institutions in
Nevada. NRS 394.241(1)(c)
A full-time administrator in a licensed private school must: hold an administrator‘s
license issued by the Department or by another state or territory of the United States;
hold a bachelor‘s degree from an institution accredited by a regional accrediting
association that is approved by the United States Department of Education and have
five years of verified experience in educational administration; or hold a master‘s
degree from an institution accredited by a regional accrediting association that is
approved by the United States Department of Education and have three years of
verified experience in educational administration. NAC 394.050(1).
An instructor in a licensed private school must: hold a teacher‘s license issued by the
Department or by another state or territory of the United States that is appropriate for
his assignment; hold a bachelor‘s degree from an institution accredited by a regional
accrediting association that is approved by the United States Department of Education
and have three years of verified full-time or supervised experience in teaching the
appropriate grade level; or hold a master‘s degree in an area that is appropriate for his
assignment from an institution accredited by a regional accrediting association that is
approved by the United States Department of Education and have one year of verified
full-time or supervised experience in teaching the appropriate grade level. NAC
394.050(2).
Teachers responsible for giving instruction must show satisfactory evidence of the
necessary knowledge of the United States Constitution and the Constitution of the
state of Nevada by examination or credentials. NRS 394.160.
Exempt private schools have no requirements for instructional personnel
qualifications.
State Regulation of Private Schools—Nevada
171
Length of School Year/Days
A licensed private school must have a school year of at least 180 school days. NAC
394.215.
A licensed private school must have a school day in session consistent with the
following minimum daily periods for each grade, including recess and time between
activities, but not including the time allowed for lunch: 120 minutes for kindergarten;
240 minutes for grades 1-2; 300 minutes for grades 3–6; and 330 minutes grades 7–
12. NAC 387.131.
Curriculum
Private schools must provide instruction for private school students in the subjects
required by law for public school students, either under the prescribed regular state
courses or through courses prepared by private schools and approved by the state
board of education. Nothing in this section may be construed to interfere with the
right of private schools to give religious instruction. NRS 394.130.
All private schools must provide instruction in the Constitution of the United States
and the state of Nevada, including the origin and history, and the study of and
devotion to American institutions and ideals. At least one year of instruction is
required at the elementary level and high school level. Private school students may
not receive a certificate or diploma without having passed an examination on the
constitutions. NRS 394.150.
Recordkeeping/Reports
Private schools are required to furnish periodic reports of enrollment, attendance, and
general progress within each school to the Superintendent of Public Instruction. NRS
394.130.
Private elementary and secondary schools may not permanently admit a student until
the parent or guardian furnishes a birth certificate or other proof of the child's
identity, and if applicable, the student‘s prior school records. Children must be
admitted to a school under the name appearing in the identifying documents, unless
the parent or guardian furnishes a court order to the contrary or the child is in the
custody of the welfare division. If the parent or guardian fails to furnish identifying
documents within 30 days of conditional admission, the principal must notify the
local law enforcement agency and request a determination whether the child has been
reported missing. NRS 394.145.
Before December 31 of each year, private schools must report on a form provided the
number of students fully immunized to the Health Division of the Department of
Human Resources. NRS 394.192(5).
Private elementary and secondary educational institutions discontinuing operations
must file original or true copies of all student academic records with the
Superintendent of Public Instruction. NRS 394.341.
Health and Safety Requirements
Students may not enroll in a private school without a certificate of immunization
unless excused based on a religious belief or medical condition. Students may
State Regulation of Private Schools—Nevada
172
conditionally enter a private school if a parent or guardian submits a certificate that
the child is currently receiving the required immunizations. Immunizations must be
completed within 90 days or the child must be excluded from school until the
immunization requirement has been met. NRS 394.192(1)–(4); 394.193.
If a dangerous contagious disease exists in a private school, a child excused from the
immunization requirements must be immunized or excluded from school and the
local health officer notified. NRS 394.198.
Private schools must conduct fire drills at least once each month during the school
year to instruct students in proper procedures. Not more than three drills may include
instruction in the procedures in the event of a chemical explosion, related
emergencies and other natural disasters. The state fire marshal prescribes regulations
governing fire drills. Copies of this section shall be kept posted in every classroom of
every private school. NRS 394.170.
Each private school must establish a committee to develop a plan to be used by the
school in responding to a crisis. The development committee must include at least
one member of the governing body; at least one administrator of the school; at least
one teacher of the school; at least one employee of the school who is not a teacher
and who is not responsible for the administration of the school; at least one parent or
legal guardian of a pupil who is enrolled in the school; and at least one representative
of a local law enforcement agency in the county in which the school is located. NRS
394.1685.
The development committee must, at least once each year, review and update the
crisis plan as appropriate and provide an updated copy of the plan to the governing
body of the school. NRS 394.1691.
Transportation
School districts with less than 100,000 in population who provide transportation for
public school students may also provide transportation for resident students attending
nonprofit private schools on established public school bus routes. NRS 392.300.
Private schools are subject to the Nevada laws regulating the condition, equipment
and identification of vehicles used for pupil transportation. All vehicles are subject to
inspection at all times. NRS 394.190.
Textbooks
Licensed private schools must meet the minimum criteria established by the Board of
Education with regards to the adoption of textbooks. NAC 390.040.
Testing
There is no state policy at this time.
The Nevada Department of Education encourages private schools to participate in the
state‘s testing program, particularly the High School Proficiency Exams. For
additional information on the testing program, see NAC 389.048–398.083.
Special Education
Private schools that provide instruction to students with disabilities must create an
education program for staff that provide services to the students with disabilities.
State Regulation of Private Schools—Nevada
173
―The program of education must provide instruction in positive behavioral
interventions and positive behavioral supports that: includes positive methods to
modify the environment of pupils with disabilities to promote adaptive behavior and
reduce the occurrence of inappropriate behavior; includes methods to teach skills to
pupils with disabilities so that the pupils can replace inappropriate behavior with
adaptive behavior; includes methods to enhance the independence and quality of life
for pupils with disabilities; includes the use of the least intrusive methods to respond
to and reinforce the behavior of pupils with disabilities; and offers a process for
designing interventions based upon the pupil that are focused on promoting
appropriate changes in behavior as well as enhancing the overall quality of life for the
pupil.‖ NRS 394.372.
Nursing and Health
There is no state policy at this time.
Technology
Licensed private schools must meet the minimum criteria established by the Board of
Education with regards to the Nevada State Educational Technology Plan.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Nonprofit private schools, including adjacent lots, furniture and equipment, are
exempt from property tax. NRS 361.105.
Meals and food products for human consumption served by private schools, student
organizations, and parent-teacher associations to students and teachers are exempt
from sales tax. NRS 372.285.
Meals and food products for human consumption served by private schools, student
organizations, and parent-teacher associations to students and teachers are exempt
from the local school support tax. NRS 372.290.
Public Aid for Private Education
Constitutional Provisions: Public school funds may not be used for any other
purpose nor set apart for the use or benefit of sectarian or secular societies or
associations. NRS 387.045.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
―A parent of the child chooses to provide education to the child and files a notice of
intent to homeschool the child with the superintendent of schools of the school
district in which the child resides in accordance with NRS 392.700.‖ NRS 392.070.
State Regulation of Private Schools—Nevada
174
In order to homeschool, the parent must submit a written notice of intent, using a
standard form created by the Nevada Department of Education, to the superintendent
of the schools of the resident school district. The notice of intent must be submitted
before the start of the homeschool program, no later than 10 days after withdrawn
enrollment from public school, or no later than 30 days after establishing residency in
the state. The notice of intent informs the school district that the homeschooled
student is exempt from the compulsory attendance law. NRS 392.700.1–2.
The notice of intent includes the full name, age and gender of the child; the name and
address of each parent filing the notice of intent to homeschool; a statement signed
and dated by each such parent declaring that the parent has control or charge of the
child and the legal right to direct the education of the child, and assumes full
responsibility for the education of the child while the child is being homeschooled; an
educational plan for the child that is prepared pursuant to subsection 12; and, if
applicable, the name of the public school in this State which the child most recently
attended. NRS § 392.700.5.
The parent of a homeschooled child must develop an educational plan of instruction
in the subject areas of English, including reading, composition and writing,
mathematics, science and social studies, including history, geography, economics and
government, as appropriate for the age and level of skill of the child as determined by
the parent. NRS 392.700.12.
The superintendent of schools of the resident school district is not authorized to
require additional information or assurance from the parent other than the notice of
intent. NRS 392.700.6.
The school district must provide the parent a written form of acknowledgment that
indicates the parent provided notification that student will be homeschooled. ―The
written acknowledgment shall be deemed proof of compliance with Nevada‘s
compulsory school attendance law. The school district shall retain a copy of the
written acknowledgment for not less than 15 years.‖ NRS 392.700.7.
―A school or organization shall not discriminate in any manner against a child who is
or was homeschooled.‖ NRS 392.700.10.
Information resources
Nevada Department of Education: Private Schools
<http://nde.doe.nv.gov/SD_PrivateSchools.htm>
Nevada Department of Education: Homeschooling
<http://nde.doe.nv.gov/SD_Homeschooling.htm>
Nevada Law Library
<http://www.leg.state.nv.us/law1.cfm >
Nevada Revised Statutes
Chapter 392: Pupils. Homeschooled Children: 392.700–392.705.
<http://www.leg.state.nv.us/NRS/NRS-392.html#NRS392Sec700 >
Chapter 394: Private Educational Institutions and Establishments.
<http://www.leg.state.nv.us/NRS/NRS-394.html>
Nevada Administrative Code
<http://www.leg.state.nv.us/NAC/CHAPTERS.HTMl >
Nevada Department of Education
State Regulation of Private Schools—Nevada
175
700 East Fifth Street
Carson City, NV 89701
Phone: 775-687-9217
Fax: 775-687-9202
Web site: http://www.doe.nv.gov
U.S. Department of Education, Nevada
Updated February 20, 2009
176
NEW HAMPSHIRE
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Schools accredited by NEASC, ASCI, or ACSI are designated as Approved
for Attendance and Program (AP) for five years, otherwise schools are
normally Approved for Attendance (AA) for three years.
Registration is mandatory.
Every sole proprietor doing business in this state under any name other than
the sole proprietor's own name, and every partnership, trust or association
doing business in this state shall register the trade name of such business, trust
or association in the manner provided in 349:5 and 349:6. N.H. Rev. Stat. Ann
§349:1.
No requirements for Licensing.
Approval is mandatory.
Attendance at an approved private school fulfills the compulsory attendance
requirements. N.H. Rev. Stat. Ann §193:1.
The approval of private schools as a substitute for public school attendance is
a reasonable exercise of the state's power whereby it can be known by
reasonable means that the required teaching is given. State v. Hoyt, 146 A.
170 (1929). N.H. Code Admin. Rule Ed. 400, 406.6.
The Board of Education is charged with adopting rules relative to reasonable
criteria for approving nonpublic schools for the purpose of compulsory
attendance requirements as authorized by N.H. Rev. Stat. Ann §186:11, XXIX.
Teacher Certification
Teacher certification is not required for teachers at private schools.
Length of School Year/Days
The standard school year shall be 180 days. A school year other than the standard
school year shall be approved by the commissioner of education for good cause. NH
Code Admin. Rule Ed 401.03.
The full-time attendance requirement may be met by attendance at more than one
school provided the total time spent in the schools is equivalent to full-time
attendance and, further, that the attendance at more than one school may include
attendance at a nonpublic school provided that the school district and the state board
of education have given prior approval to the detailed dual enrollment agreement,
which is to be effectuated for this purpose. N.H. Rev. Stat. Ann §193:1-a.
Curriculum
Private schools must provide courses in the history, government and constitutions of
the United States and New Hampshire, including the organization and operation of
New Hampshire municipal, county and state government and of the federal
State Regulation of Private Schools—New Hampshire
177
government. The instruction must begin no later than eighth grade and continue in
high school as an identifiable component of a year's course in the history and
government of the United States and New Hampshire. N.H. Rev. Stat. Ann §189:11.
The English language must be used exclusively in private schools for instruction and
general administration. Bilingual education programs are permitted with the approval
of the Board of Education and the local school district. N.H. Rev. Stat. Ann §189:19.
Devotional exercises in private schools may be conducted in a language other than
English. N.H. Rev. Stat. Ann §189:21.
The governing board of a private school must supply a United States flag, not less
than five feet in length, with a flagstaff and appliances for display outdoors. Failure to
comply is a violation. N.H. Rev. Stat. Ann §189:17.
Recordkeeping/Reports
The governing body of every school district, city, joint maintenance agreement,
chartered public school, or approved public academy, shall, on or before August 1 in
each year, submit to the department of education those statistical reports necessary to
compute the average daily membership of pupils attending each school district, and
the average daily membership of pupils resident in each school district. Information
relating to the fall enrollment, drop-outs, staffing census, and average teacher salary,
as of October 1 of each school year, shall be submitted to the department of education
on or before October 15. Private schools shall submit average daily membership in
attendance, fall enrollment, and teacher staff census. N.H. Rev. Stat. Ann §189:28
All elementary and secondary educational institutions, upon request of a private
school or a school district as authorized by a parent, student, or former student, must
furnish a student record to any elementary or secondary educational institution. There
shall be no charge for any record furnished pursuant to this section. N.H. Rev. Stat.
Ann §194:31-a.
Health and Safety Requirements
Nonpublic schools shall comply with applicable state, local and federal fire and
health requirements and shall provide documentation from federal, state or local
officials for such compliance. N.H. Code Admin. Rule Ed. 403.01(c).
Each local fire chief shall annually inspect all school buildings within his or her
jurisdiction while school is in session and submit a written report to the state fire
marshal on the condition of all such school buildings. A copy of the report shall be
furnished to the school district superintendent and school board members. The report
shall detail any state fire code compliance issues in each school building. The report
shall be submitted no later than December 15 each year. N.H. Rev. Stat. Ann §153:14
II(b).
Within two years of the effective date of this section, every public and nonpublic
school shall develop a site-specific school emergency response plan which is based
on and conforms to the Incident Command System and the National Incident
Management System. The plan shall provide that at least two of the currently required
number of fire evacuation drills shall be emergency response drills. The plan shall
address hazards including but not limited to acts of violence, threats, earthquakes,
floods, tornadoes, structural fire, wildfire, internal and external hazardous materials
State Regulation of Private Schools—New Hampshire
178
releases, medical emergencies, and any other hazard deemed necessary by school
officials and local emergency authorities. The first emergency response drill shall be
conducted within one year of the completion of the plan. N.H. Rev. Stat. Ann §189:64.
No child shall be admitted or enrolled in any private school unless the child is
immunized as required, partially immunized relative to the age of the child, or exempt
from immunization. A child is exempt if a physician certifies that the immunization
may be detrimental to the child's health or a parent or guardian signs a notarized
statement that the child has not been immunized because of religious beliefs. N.H.
Rev. Stat. Ann §§141-c:20-a, c.
All children shall be examined prior to school entrance and periodically during the
school years to detect the presence of tuberculosis. N.H. Rev. Stat. Ann §200:38.
Transportation
Pupils attending approved private schools (K–12) are entitled to the same
transportation privileges within any town or district as provided for pupils in public
schools. N.H. Rev. Stat. Ann §189:9.
Textbooks
The school board of any school district may provide textbooks and instructional
materials for pupils in nonpublic schools. N.H. Rev. Stat. Ann §189:49.
The Secretary of State will provide one copy of the state's annual legislative manual
to every private secondary school library in the state without charge. N.H. Rev. Stat.
Ann §20:5.
Testing
The school board of any school district may provide educational testing services for
pupils in nonpublic schools. N.H. Rev. Stat. Ann §189:49.
Private schools may contact the Department of Education to participate in the
statewide assessment under the Statewide Education Improvement and Assessment
Program. N.H. Rev. Stat. Ann §193-C:6.
Special Education
No state or federal funds may be paid to a nonpublic school for the education and
training of disabled children that have not been approved by the State Board of
Education. N.H. Rev. Stat. Ann §198:20-a.
The New Hampshire legislature has authorized the school board of any school district
to provide nonpublic schools the following special education services: 1) health and
welfare services including speech correction and remedial and diagnostic services; 2)
programs for the deaf, blind, emotionally disturbed, children with disabilities; and 3)
programs for the improvement of the educational studies of pupils with disabilities.
N.H. Rev. Stat. Ann §189:49.
Nursing and Health
The school board of any school district may provide the following child benefit
services for pupils in nonpublic schools: school physician, nurse, and health services;
school guidance and psychologist services; health and welfare services including
State Regulation of Private Schools—New Hampshire
179
speech correction and remedial and diagnostic services; programs for the deaf, blind,
emotionally disturbed, children with disabilities and audio-visual aids and programs
for the improvement of the educational studies of pupils with disabilities; physical
education; and, a hot lunch program. N.H. Rev. Stat. Ann §189:49.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Private and parochial and public schools that conduct courses in driver education
approved by the State Department of Education are exempt from applicable license
fees. N.H. Rev. Stat. Ann §263:44.
Public Aid for Private Education
Constitutional provisions: The New Hampshire Constitution provides, "religious
societies shall at all times have the right of electing their own teachers, and of
contracting with them for their support or maintenance, or both. But no person shall
ever be compelled to pay towards the support of the schools of any sect or
denomination. And every person, denomination or sect shall be equally under the
protection of the law; and no subordination of any one sect, denomination or
persuasion to another shall ever be established." New Hampshire Constitution Pt. 1,
Art. 6.
The New Hampshire Constitution also provides "No money raised by taxation shall
ever be granted or applied for the use of the schools or institutions of any religious
sect or denomination." New Hampshire Constitution Pt. 2, Art. 83.
Textbooks, physician, nurse and health services, and hot lunches are nonideological;
there is no danger that they will be used to foster religion; they are furnished at the
request of the student, not the school; and, there will be no need for continuing
surveillance which would lead to excessive entanglement. Therefore, the aid is
constitutionally permissible. Opinion of the Justices, 115 N.H. §553 (1975).
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
Home education satisfies New Hampshire‘s compulsory attendance law. N.H. Rev.
Stat. Ann §193:1.
The state board of education must adopt rules, pursuant to N.H. Rev. Stat. Ann §541-
A, to administer home education programs. N.H. Rev. Stat. Ann §193-A3.
A parent planning on beginning a home education program must notify the
commissioner of the department of education, resident district superintendent, or
State Regulation of Private Schools—New Hampshire
180
principal of a nonpublic school of such within five business days of beginning the
program. Notification must include a list of the names, addresses, and birth dates of
all children participating in the program. The commissioner of the department of
education, resident district superintendent, or principal of a nonpublic school must
inform the parent of his receipt of the notification within 14 days of the receipt. N.H.
Rev. Stat. Ann §193-A:5.
Each parent must notify the commissioner of education, resident district
superintendent, or principal of a nonpublic school by the first school day according to
the school calendar in the child's resident school district. N.H. Rev. Stat. Ann §193-
A:5.
If the parent intends to terminate the home education program the parent must submit
a written notice of termination with the commissioner of education, and the resident
district superintendent or nonpublic school principal within 15 days. N.H. Rev. Stat.
Ann §193-A:5.
The parent must maintain a portfolio of records consisting of ―a log which designates
by title the reading materials used, and also samples of writings, worksheets,
workbooks, or creative materials used or developed by the child.‖ The parent must
keep the portfolio on file for a minimum of two years from the date of the ending of
the instruction. N.H. Rev. Stat. Ann §193-A:6.
A student in a home education program must receive an annual educational
evaluation to demonstrate his or her educational progress is at a level commensurate
with the student‘s age and ability. This requirement can be met in one of the
following options: 1) a certified teacher or a teacher currently teaching in a nonpublic
school selected by the parent may evaluate the student and submit a written
evaluation to the commissioner of education, resident district superintendent, or
nonpublic school principal; 2) the student may take any national student achievement
test, administered by a person who meets the qualifications established by the
provider or publisher of the test, and submit the results to the commissioner of
education, resident district superintendent, or nonpublic school principal; 3) the
student may take a state student assessment test used by the resident district and
submit the results to the commissioner of education, the resident district
superintendent, or nonpublic school principal; or 4) the student may be evaluated
using ―any other valid measurement tool mutually agreed upon by the parent and the
commissioner of education, resident district superintendent, or nonpublic school
principal.‖ N.H. Rev. Stat. Ann §193-A:6.
Nonpublic or home educated pupils shall have access to curricular courses and
cocurricular programs offered by the school district in which the pupil resides. The
local school board may adopt a policy regulating participation in curricular courses
and cocurricular programs, provided that such policy shall not be more restrictive for
nonpublic or home educated pupils than the policy governing the school district's
resident pupils. In this section, "cocurricular'' shall include those activities which are
designed to supplement and enrich regular academic programs of study, provide
opportunities for social development, and encourage participation in clubs, athletics,
performing groups, and service to school and community. For purposes of allowing
access as described in this section, a "home educated pupil'' shall not include any
State Regulation of Private Schools—New Hampshire
181
pupil who has graduated from a high school level program of home education, or its
equivalent, or has attained the age of 21. N.H. Rev. Stat. Ann §193:1-c.
A home education advisory council will carry out duties assigned by the
commissioner of education. The council will work with home educators and
representatives of private and public education to encourage understanding of home
education. N.H. Code Admin. Rule Ed. 315.10.
The 2008 New Hampshire legislative session passed SB 337 which amended the
notification requirements for home education programs, the membership of the home
education advisory council, and established a commission to examine New
Hampshire‘s home education statutes with an expectation the commission‘s findings
would be reported to the speaker of the house of representatives, the president of the
senate, the house clerk, the senate clerk, the governor, and the state library no later
than Nov. 1, 2008.
Information resources
New Hampshire Department of Education: Nonpublic School Approval
<http://www.ed.state.nh.us/education/doe/organization/curriculum/nonpublicpage.ht
m>
New Hampshire Revised Statutes
<http://www.gencourt.state.nh.us/rsa/html/indexes/default.html>
New Hampshire Office of Legislative Services: Administrative Rules
<http://www.gencourt.state.nh.us/rules/index.html>
New Hampshire Department of Education
Hugh J. Gallen State Office Park
101 Pleasant Street
Concord, NH 03301
Phone: 603-271-3759
Toll-Free: 800-339-9900
Fax: 603-271-1953
Web site: http://www.ed.state.nh.us
U.S. Department of Education, New Hampshire
Updated February 5, 2009
182
NEW JERSEY
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
No requirements for Registration, generally.
No requirements for Licensing.
No requirements for Approval, generally.
New Jersey law places registration requirements on a limited category of
private schools that are not operated by charitable institutions or religious
denominations, i.e. for-profit nonsectarian private boarding schools
established after 1920 and private schools charging tuition for certain
vocational education. This limited category of schools must obtain a
certificate of approval from the commissioner of education to legally operate
within the state. N.J. Rev. Stat. §18A:69-1 et seq.
Teacher Certification
The New Jersey Department of Education does not regulate the certification of
teachers in nonpublic schools.
Length of School Year/Days
The New Jersey Department of Education does not regulate the length of school year
for students attending nonpublic schools.
Curriculum
The Compulsory Education Law requires attendance at a public school or a day
school in which there is given instruction equivalent to that provided in the public
schools for children of similar grades and attainments. N.J. Rev. Stat. §18A:38-25.
Private schools must provide regular courses of instruction in the constitution of the
United States from the 7th grade and through high school. N.J. Rev. Stat. §18A:6-3.
Private schools must provide regular courses of instruction in accident and fire
prevention. N.J. Rev. Stat. §18A:6-2.
The Educational Services Commission may enter into contracts to provide
educational services and programs to nonpublic schools. N.J. Rev. Stat. §18A:6-63.
The local boards of education have a duty to loan educational materials developed b y
the commissioner of education on the nature and effects of drugs, alcohol, anabolic
steroids, tobacco and controlled dangerous substances to pupils attending nonpublic
schools. N.J. Rev. Stat. §§18A:40A-5, 40A-17.
The New Jersey Commission on Holocaust Education provides assistance and advice
to private schools on the implementation of Holocaust education and awareness
programs. N.J. Rev. Stat. §18A:4A-3.
The New Jersey Constitution makes games of chance legal for educational or
religious organizations when the net proceeds are devoted to educational or religious
uses. New Jersey Const. Art. 4, 7, par. 2A.
State Regulation of Private Schools—New Jersey
183
The Office of Financial Assistance prepares an annual report listing all sources of
financial assistance available to New Jersey students attending any institution of
higher education. The report is distributed to each private secondary school in the
state. N.J. Rev. Stat. §§18A:3-14.1, 3-14.2.
Private school officials must provide a voter registration form and related nonpartisan
materials to each eligible high school pupil in conjunction with the voter registration
drive. N.J. Rev. Stat. §18A:36-27.
Private secondary school students are eligible to participate in the Legislative
Internship Program operated in cooperation with the New Jersey Association of High
School Councils.
A local education agency will establish information and resource centers that will
provide the following services: a lending library of educational and instructional
materials; preparation of media and materials for informational and instructional
purposes; an educational information storage and retrieval system; special topic
seminars and conferences; and consultant advice, information and expertise. To the
extent permitted by law, the educational information and resource center shall also
provide support and service to nonprofit, nonpublic schools. N.J. Rev. Stat. §18A:6-
95.1.
Recordkeeping/Reports
"Private school" is defined under New Jersey's education provisions as "a school,
under college grade, which does not derive its support entirely or in part from public
funds." N.J. Rev. Stat. §18A:1-1.
Private schools must report statistics relating to the conduct of the institution as
required by the commissioner, annually on or before August 1. No private schools
may be required to report expenses or finances; nor shall any such report prepared by
the school be made public. N.J. Rev. Stat. §18A:6-4.
Parents of any minor who injure any public or nonpublic school property are liable
for damages for the amount of injury. N.J. Rev. Stat. §18A:37-3.
Health and Safety Requirements
Private schools must insure compliance with the State Sanitary Code governing
immunizations required for attending school. N.J. Rev. Stat. §26:1A-9.
A child is exempt from pertussis vaccine as a condition for admission to a private
school if the child's physician states in writing that the vaccine is medically
contraindicated. N.J. Rev. Stat. §26:2N-4.
Private schools may close due to an epidemic. N.J. Rev. Stat. §26:4-5.
The administrator of a nonpublic school must develop a policy governing the
emergency administration epinephrine via an auto-injector to a pupil for life
threatening allergic reaction called anaphylaxis. N.J. Rev. Stat. §§18A:40-12.5–12.6.
Schools of two or more rooms, or of one room located on a second floor, must have at
least two fire drills each month. If provided, fire escapes must be part of the drill.
Teachers must keep all doors and exits of their rooms and buildings unlocked during
the school hours. N.J. Rev. Stat. §18A:41-1.
Schools having furnace room, hallway, or stair-tower fire or smoke doors must keep
them closed when the building is occupied. N.J. Rev. Stat. §18A:41-2.
State Regulation of Private Schools—New Jersey
184
Nonpublic schools may require applicants for positions involving regular contact with
pupils to have a criminal history record check for information that would disqualify
the individual for employment. N.J. Rev. Stat. §18A:6-4.13.
Substitute employees rehired annually at nonpublic schools that require a criminal
history record check need only undergo a record check upon initial employment. N.J.
Rev. Stat. §18A:6-4.17.
Any private school personnel who in good faith reports a person in an attempt to help
cure his dependency on a controlled substance will not be liable for civil damages.
N.J. Rev. Stat. §§2A:62A-4; 18A:40A-14.
School bus drivers used by private schools for transportation to and from school must
submit to a medical exam for the presence of alcohol, narcotics or habit-producing
drugs. N.J. Rev. Stat. §39:3-10.1a.
A municipality may authorize the chief executive officer to close any portion of a
street within a block of a private school to resolve a safety problem for ingress and
egress to the school or for the provision of recreational facilities for children
attending the school. Closure must not exceed one hour between 7:30 and 10:00
A.M., two hours between 11:00 A.M. and 2:00 P.M. and one hour between 2:30 and
4:30 P.M. when school is in session. N.J. Rev. Stat. §40:67-16.7.
Employees of private schools are prohibited from inflicting corporal punishment upon
a pupil attending school. However, employees may use reasonable and necessary
force to quell a disturbance, threatening physical injury to others, to obtain weapons,
for self-defense and for the protection of persons or property. N.J. Rev. Stat. §18A:6-
1.
It is illegal for a municipality or county to discriminate between public and private
nonprofit day schools of elementary or high school grade accredited by the State
Department of Education by zoning ordinances governing the use of land. N.J. Rev.
Stat. §40:55D-66.
Transportation
The New Jersey Constitution declares that the state legislature may, within reasonable
limitations as to distance, provide student transportation (ages 5–18) to and from any
school. New Jersey Constitution Art. 8, 4, Par. 3.
Pupils attending nonprofit nonpublic schools not more than 20 miles from their
residence are entitled to transportation if the school district provides transportation for
public school pupils. If the cost of the transportation exceeds a set amount ($675 in
1992–93), the allocation will be given to the parent or guardian toward the cost of the
transportation. N.J. Rev. Stat. §18A:39-1.
The governing body of a nonpublic school may authorize personnel or parents to
transport school children to related school activities in a private vehicle with a
capacity of eight or less. The transportation will be exempt from all the additional
requirements imposed on the transportation of pupils by school bus. N.J. Rev. Stat.
§18A:39-20.1.
Textbooks
―The New Jersey Nonpublic School Textbook Law requires the board of education in
each public school district in New Jersey with state funds to purchase and loan
State Regulation of Private Schools—New Jersey
185
textbooks, upon individual request, to all students attending a nonpublic school
located in the public school district. The students are enrolled full-time in grades
kindergarten through twelve in a nonpublic school in New Jersey that complies with
compulsory school attendance requirements and with the requirements of Title VI of
the Civil Rights Act of 1964.‖ N.J. Rev. Stat. §18A: 58-37.1.
To the extent permitted by law, the Educational Information and Resource Center
provides support and services to nonprofit, nonpublic schools. The services provided
by the center include: a lending library of educational and instructional materials;
preparation of media and materials for informational and instructional purposes; an
educational information storage and retrieval system; special topic seminars and
conferences; and consultant advice, information and expertise. N.J. Rev. Stat. §18A:6-
95.1.
Testing
There is no state policy at this time.
Special Education
Local boards of education must provide for the identification of nonpublic school
students, ages 5–21, who cannot be accommodated through the school facilities
usually provided because of handicaps. N.J. Rev. Stat. §18A:46-6.
The examination and classification of nonpublic school children occurs in a location
determined by the local board and approved by the commissioner. N.J. Rev. Stat.
§§18A:46-8, 46-19.1.
New Jersey provides for the public placement of handicapped children in accredited
nonpublic schools if a child study team determines: 1) that a suitable special
education program cannot be provided otherwise; 2) the nonpublic school is the most
appropriate placement for the child; 3) services are nonsectarian; 4) the school is not
specifically approved for the education of handicapped pupils; and 5) the board of
education places the child with the consent of the commissioner, or by a court order.
N.J. Rev. Stat. §18A:46-14 and N.J. Admin. Code title 6A: 14-6.5, 4.2.
Tuition rates at private schools may not exceed the actual cost per pupil determined
under rules prescribed by the commissioner and approved by the State Board of
Education. N.J. Rev. Stat. §18A:46-21 and N.J. Admin. Code title 6A: 14-7.8.
Nonpublic school students requiring the services of a certified speech-language
specialist are entitled to receive services through the local board of education.
Services require the consent of the parent or guardian and are provided in a location
determined by the local school board, pursuant to the rules and regulations of the
State Board. (Nonpublic schools are defined within this provision as schools offering
K–12 education, fulfilling compulsory school attendance requirements, and
complying with Title VI of the Civil Rights Act of 1964.) If student transportation is
necessary to receive services, the local board of education will provide the
transportation. N.J. Rev. Stat. §18A:46-19.1 et seq.
Boards of Education may sell tracts of land no longer desirable for public school
purposes to nonprofit private schools for the handicapped at the fair market price. N.J.
Rev. Stat. §18A:20-9.2.
State Regulation of Private Schools—New Jersey
186
Nursing and Health
Local boards of education provide nursing services for pupils enrolled full-time in
nonpublic schools. The services include, but are not limited to, medical examinations,
dental screening, hearing examinations, and maintenance of student health records. In
addition, the emergency care provided public school pupils is extended to nonpublic
school students who are injured or become ill at school or during athletic activities.
Nonpublic schools may decline the nursing services by submitting written notification
to the local board of education. Students are not compelled to receive services if their
parent or guardian objects, except for a physical or medical examination to determine
whether the pupil is ill or infected with a communicable disease. N.J. Rev. Stat.
§18A:40-23 et seq and N.J. Admin. Code Title 6A 29-8(a).
Nonprofit nonpublic schools participating in the National School Lunch Program will
be reimbursed with federal funds, and if insufficient for the cost, may be
supplemented with state funds. N.J. Rev. Stat. §18A:58-7.1 et seq. (Nonpublic schools
are defined within this provision as schools offering K–12 education, fulfilling
compulsory school attendance requirements, and complying with Title VI of the Civil
Rights Act of 1964.)
Technology
The County Educational Audiovisual Commissions may contract with nonprofit
private schools within the county to provide educational audiovisual aids to the
private schools. N.J. Rev. Stat. §18A:51-6.
Professional Development
By statute, nonprofit, nonpublic schools are represented by two members on the board
of directors governing the Educational Information and Resource Center. N.J. Rev.
Stat. §18A:6-97.
Private school educators are included in the steering committee for the Governor's
Teaching Scholars Loan Program. N.J. Rev. Stat. §18A:71-82.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The New Jersey Constitution provides that tax exemptions cannot be repealed for real
and personal property owned by a corporation or association organized for religious,
educational, or charitable purposes and used exclusively for those purposes. New
Jersey Constitution Art. 8, 1, Par. 2.
Corporations operated exclusively for educational purposes are exempt from sales tax
if the earnings do not benefit any private individual, the organization's activities do
not attempt to influence legislation, or intervene in any political campaign. N.J. Rev.
Stat. §54:32B-9.
Private or parochial schools conducting a course in driver education approved by the
State Department of Education are not charged license fees. N.J. Rev. Stat. §39:12-2.
State Regulation of Private Schools—New Jersey
187
Public Aid for Private Education
Constitutional provisions: The New Jersey Constitution does not have a provision
related to public aid for private education.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
New Jersey does not have a code that addresses the area of homeschooling. New
Jersey‘s compulsory education law states that ―every parent, guardian or other person
having custody and control of a child between six and 16 to ensure that such child
regularly attends the public schools of the district or a day school in which there is
given instruction equivalent to that provided in the public schools for children of
similar grades and attainments or to receive equivalent instruction elsewhere than at
school.‖ N.J. Rev. Stat. §8A: 38-25.
If a parent fails to comply with New Jersey‘s compulsory education law then he/she
will be deemed a ―disorderly person and shall be subject to a fine of not more than
$25.00 for the first offense and not more than $100.00 for each subsequent offense, in
the discretion of the court.‖ N.J. Rev. Stat. §18A: 38-31.
Responsibility for enforcing the compulsory education law rests with the local board
of education. When a school board has reason to believe that a parent or guardian is
not complying with the compulsory education law, the local board of education can
initiate truancy proceedings in municipal court, requiring parents or legal guardians to
document their activities in providing "equivalent instruction." N.J. Rev. Stat. §§18A:
38-27–31.
Information resources
New Jersey Department of Education: Nonpublic School Services
<http://www.state.nj.us/education/nonpublic/>
New Jersey Department of Education: Homeschooling Frequently Asked Questions
<http://www.state.nj.us/education/genfo/overview/faq_homeschool.htm>
New Jersey Department of Education: New Jersey Nonpublic School Technology
Imitative Program <http://www.state.nj.us/education/techno/nptech.htm>
New Jersey Legislature
<http://www.njleg.state.nj.us/>
See left column for Laws and Constitution.
New Jersey Department of Education
P.O. Box 500
100 Riverview Plaza
Trenton, NJ 08625-0500
Phone: 609-292-4469
Fax: 609-777-4099
Web site: http://www.state.nj.us/education/
U.S. Department of Education, New Jersey
Updated February 19, 2009
188
NEW MEXICO
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Public Education Department has a duty to assess and evaluate private
schools that desire state accreditation and to prescribe courses of instruction,
graduation requirements and standards for private schools seeking state
accreditation. 22-2-2 D, G. NMSA 1978.
Nonpublic schools that seek accreditation must be accredited by a regional or
national accrediting agency that has been approved by the secretary of
education. 22-2-2 NMSA 1978.
The State Department of Education is authorized to monitor the operation of a
nonpublic school seeking and/or holding a Public Education Department
accreditation. 22-2-2 NMSA 1978.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is not required for private school teachers.
Length of School Year/Days
Persons subject to the Compulsory School Attendance Law must attend school for at
least the length of time of the school year that is established in the school district in
which the person is a resident. 22-12-2 NMSA 1978.
Curriculum
The Public Education Department regulates minimum standards for approved driver-
education and motorcycle driver-education courses. 22-13-12 NMSA 1978.
The Public Education Department‘s authority to approve courses of instruction in
private schools does not extend to supervision, control or management over private
schools. Santa Fe Community School v. State Bd. of Education, 518 P.2d 272 (N.M.
1974).
Recordkeeping/Reports
The Public Education Department is under a statutory duty to require periodic
attendance reports from private schools on forms prescribed. 22-2-2I NMSA 1978.
The governing authority of a private school is responsible to initiate the enforcement
of the compulsory school attendance law for its enrolled students. The private school
must give written notice of noncompliance by certified mail or personal service on
the parent or guardian. If violations continue after written notice, the student must be
reported to the probation services office of the judicial district where the student
resides for an investigation. 22-12-7 NMSA 1978.
State Regulation of Private Schools—New Mexico
189
The school superintendent of a private and parochial school must prepare a record
showing the immunization status of every child enrolled in his or her school. The
record must be current and available to the public health authorities. The
superintendent must report the name of any parent or guardian neglecting to
immunize his child to the director of the Health Services Division, Health and
Environment Department. 24-5-4 NMSA 1978.
Health and Safety Requirements
No person with a communicable disease in a transmissible state dangerous to the
health of students may be employed in a private school. Private school employees,
including bus drivers, must present upon employment a certificate from a licensed
physician stating that the person is free from such communicable diseases. 22-10A-
34C NMSA 1978.
Children attending private or parochial schools are required to be immunized
according to rules and regulations promulgated by the Health Services Division,
Health and Environment Department, unless exempt due to medical contraindications
or religious beliefs. 24-5-1; 24-5-3 NMSA 1978.
The Health Services Division, Health and Environment Department, maintains a
program to educate the general public, including private school students, on the
nature and inheritance of sickle cell anemia. 24-3-1 NMSA 1978.
Private schools are required to conduct at least one fire drill each week during the
first four weeks of the school year and at least once each month thereafter for the
remainder of the school year. If a paid fire department is maintained in the area, a
member of the department must be requested to be in attendance to give instruction
and constructive criticism. 22-13-14 NMSA 1978.
The state fire marshal is required by statute to prescribe rules, regulations and
programs, for teaching the proper methods of fire prevention and control to all school
children. 59A-52-7 NMSA 1978.
It is a misdemeanor to willfully interfere with the educational process of any private
school by an act that would disrupt the functioning of the school. 30-20-13 NMSA
1978.
Transportation
There is no state policy at this time.
Textbooks
Students enrolled in an approved private school, grades 1–12, are entitled to the free
use of instructional material. Under the state's Instructional Material Law, private
schools may select materials for the students' use from the multiple list adopted by the
Public Education Department. 22-15-1 through 22-15-14 NMSA 1978.
Testing
There is no state policy at this time.
State Regulation of Private Schools—New Mexico
190
Special Education
Local school boards may publicly place exceptional children in private, nonsectarian,
nonprofit educational training centers. Payment for education and services are made
by the local board of education from funds available. Agreements between local
school boards and private schools must provide for diagnoses and educational
programs that meet state standards. 22-13-8 NMSA 1978.
Nursing and Health
The governing board of a private school may request family services on behalf of a
family if a child is absent from school without an excuse for more than 10 days
during a semester and the school submits an affidavit documenting the attempts to
resolve the situation. Any person referring a family for family services is immune
from civil or criminal liability unless the person acted in bad faith or with malicious
purpose. 32A-3A-3D NMSA 1978.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
All property used for educational purposes is exempt from state taxation under the
New Mexico Constitution. New Mexico Constitution, Art. VIII §3.
Public Aid for Private Education
Constitutional Provisions: The New Mexico Constitution prohibits the
appropriation of any state educational funds to support any sectarian, denominational
or private school. In addition, the Constitution prohibits appropriations for
educational purposes not under the absolute control of the state. New Mexico
Constitution, Art. XII, §3.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
―Home school‖7 means the operation by a parent, guardian or other person having
custody and control of a school-age person of a home study program of instruction
that provides a basic academic educational program, including reading, language arts,
mathematics, social studies and science. 22-1-2 F, K. NMSA 1978.
Any person operating or intending to operate a home school shall provide instruction
by a person possessing at least a high school diploma or its equivalent. 22-1-2.1.
NMSA 1978
7 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—New Mexico
191
Any person operating or intending to operate a home school shall within thirty days
of its establishment, notify the secretary of the establishment of a home school within
thirty days of its establishment and notify the secretary in writing on or before April 1
of each subsequent year of operation of the school district from which the home
school is drawing students. Records of student disease immunization must be
maintained. 22-1-2.1.NMSA 1978.
A school-age person subject to the provisions of the Compulsory School Attendance
Law shall attend school for at least the length of time of the school year that is
established in the school district in which the person is a resident. 22-12-2 NMSA
1978.
Information resources
New Mexico Public Education Department: New Mexico Home Schools
<http://www.ped.state.nm.us/HomeSchools/index.html>
New Mexico Administrative Code. Primary and Secondary Education, Alternative
Education – Nonpublic Schools
Title 6, Chapter 81, Part 2
<http://www.nmcpr.state.nm.us/nmac/parts/title06/06.081.0002.htm>
New Mexico Statutes <http://www.nmlegis.gov/lcs/statutes.aspx>
New Mexico Public Education Department
Jerry Apodaca Education Building
300 Don Gaspar
Santa Fe, NM 87501-2786
Phone: 505-827-6909
Fax: 505-827-6725
Web site: http://www.ped.state.nm.us/
U.S. Department of Education, New Mexico
Updated December 5, 2008.
192
NEW YORK
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is optional.
The Board of Regents conducts two types of voluntary registration programs:
nursery schools and kindergartens and secondary schools. There is no
registration program for elementary schools.
A nonpublic school must submit information and allow an on-site visit to the
school by a staff member in the Department's Bureau of School Registration
in order to register with the Board of Regents.
Registered secondary schools may administer Regents examinations and
aware diplomas.
No requirements for Licensing.
No requirements for Approval.
Minors may comply with the state's compulsory education requirement at public
schools or elsewhere. N.Y. Educ. Law §3204.1.
Teacher Certification
Instruction may only be given by a competent teacher. N.Y. Educ. Law §3204.2.
All professional instructional and supervisory personnel at private schools providing
public placements for disabled children must be appropriately certified. N.Y. Comp.
Codes R. & Regs. Title 8, Part 200.7(b)(6).
Coaches of high school extra-class nonpublic school athletic activities must meet
training requirements in first aid and adult cardiopulmonary resuscitation. N.Y. Educ.
Law §3001-c.
The Department of Education has established a Teacher Career Recruitment
Clearinghouse which provides nonpublic schools an applicant database, employment
opportunities, and information regarding financial assistance for students interested in
careers in education, certification and licensure requirements. N.Y. Educ. Law §3034.
Length of School Year/Days
Unless shorter instruction has been approved by school authorities as substantially
equivalent in amount and quality, students attending nonpublic schools must attend
for at least as many hours as required in public schools. In addition, permitted
absences must follow the general rules and practices of the public schools. Absence
for religious observances and education are permitted under rules established by the
Commissioner. Holidays and vacations must not exceed the amount allowed by
public schools. N.Y. Educ. Law §3210.2.
A full-time day school must be in session for not less than 190 days each year,
inclusive of legal holidays during the term and exclusive of Saturdays. Accounting
for the 10 state public holidays, schools must be session 180 days. N.Y. Educ. Law.
§3204.4.
State Regulation of Private Schools—New York
193
Curriculum
Instruction given to a minor elsewhere than a public school must be substantially
equivalent to the instruction given at the local public school. N.Y. Educ. Law §3204.2
The course of study for the first eight years of public school must include arithmetic,
reading, spelling, writing, the English language, geography, United States history,
civics, hygiene, physical training, the history of New York state and science. Beyond
the first eight years, instruction must include the English language and its use, civics,
hygiene, physical training, American history including the Declaration of
Independence and the Constitution of the United States, and may include a course in
communism and its methods and its destructive effects. N.Y. Educ. Law §3204.3.
As part of health education, all schools must provide instruction to discourage the
misuse and abuse of alcohol, tobacco, and other drugs and promote attitudes and
behavior that enhance health, well being and human dignity. N.Y. Educ. Law §804.
Students may be excused from health and hygiene if it conflicts with their parent or
guardian's religion and if the excuse is certified by a representative of their religion.
N.Y. Educ. Law §3204.5.
Private schools offering instruction deemed substantially equivalent to public schools
must offer courses of instruction in patriotism, citizenship, and human rights issues
(with particular attention to the study of the inhumanity of genocide, slavery, and the
Holocaust) for students over 8 yrs. old, and instruction in the Constitution of the
United States and New York and the Declaration of Independence for students in
grade 8–12. N.Y. Educ. Law §801.1, 2.
Private schools offering instruction deemed substantially equivalent to public schools
must offer instruction in physical education for students over 8 years old. N.Y. Educ.
Law §803.4.
Similar [physical education] courses shall be prescribed and maintained in private
schools in the State, and all pupils in grades kindergarten through 12 shall attend such
courses. N.Y. Comp. Codes R. & Regs. Title 8, Part 135.4.
Private and parochial schools must provide instruction in fire and arson prevention as
prescribed by the commissioner of education. Instruction must be given at least 45
minutes every month while school is in session. N.Y. Educ. Law §808.
Private schools offering instruction deemed substantially equivalent to public schools
must offer instruction in highway safety and traffic regulations, including bicycl e
safety. N.Y. Educ. Law §806.1.
English is the language of instruction and textbooks used must be written in English,
except for a limited time (3–6 years), for students with limited English proficiency.
N.Y. Educ. Law §3204.2.
The New York State Theatre Institute offers guidance and consultation on arts and
education programs in private elementary and secondary schools. N.Y. Arts & Cult.
Aff. Law §9.07.
Recordkeeping/Reports
The commissioner of education is under a statutory duty to establish procedures for a
statewide system of assigning unique student identification numbers for all students
State Regulation of Private Schools—New York
194
in public and nonpublic schools for student tracking and state reporting purposes.
N.Y. Educ. Law §305.22.
Teachers are required to keep an accurate record of attendance as prescribed by the
commissioner of education. Principals must ensure attendance records are maintained
and produced if requested by school authorities. The principal must notify school
authorities in writing of any student transfers or discharges. N.Y. Educ. Law §3211.
Boards of Cooperative Educational Services are authorized to enter into contracts
with nonpublic schools to provide data processing service for pupil personnel records
and other administrative records of the nonpublic schools. N.Y. Educ. Law
§1950.4.h.4.
Nonpublic schools that are members of the University of the State of New York must
complete verified reports as prescribed by the Regents or the commissioner of
education. N.Y. Educ. Law §215. In addition, these schools must provide information
to the Regents for their annual report to the governor and the legislature concerning
the schools of the state. N.Y. Educ. Law §215-a.
Pupil records must be maintained by nonpublic schools in accordance with N.Y.
Comp. Codes R. & Regs. Title 8, Part 104. Nonpublic schools that discontinue
operation must make provision for pupil academic records in accordance with N.Y.
Comp. Codes R. & Regs. Title 8, Part 104.2.
Nonpublic schools may make purchases, except of printed material, through the State
Division of Standards and Purchase, Office of General Services. Boards of education
may permit nonpublic schools to make purchases through the local school district
provided administrative costs are paid by the nonpublic schools. N.Y. Gen. Mun. Law
§109-a.
The commissioner of education is under a statutory duty to give timely notice to
nonpublic schools of alternate sources of funding including competitive grants. N.Y.
Educ. Law §305.2.
Health and Safety Requirements
Students attending private schools must have certificates of immunization unless a
physician certifies than the immunization is detrimental or if immunization is
contrary to the genuine and sincere religious beliefs of the parent or guardian. School
principals may not admit students in excess of 14 days who do not have a certificate.
(The period may be extended to 30 days if the immunization is in progress.) School
principals have a duty to inform parent or guardian of the necessity of immunization
and the availability of free immunizations through the local health officer. If students
are excluded from school for lack of immunization, principals have a duty to notify
the local health authority and the parent or guardian and to provide an opportunity for
immunization through the local health authority if the parent consents. N.Y. Pub.
Health Law §2164.
Nonpublic schools operating substance abuse programs must have the approval of the
commissioner of mental health. Approval is valid for three years and is contingent on
compliance with the regulations promulgated by the commissioner. N.Y. Mental Hyg.
Law §23.01.
Smoking is prohibited in all private schools and on school grounds, with the
exception that smoking by adult faculty and staff members may be permitted in
State Regulation of Private Schools—New York
195
designated smoking areas during nonschool hours. (School hours include any student
activity supervised by faculty or staff, or any officially sanctioned school event.) N.Y.
Pub. Health Law §1399-o.
Private school authorities may cause students to be examined for drug abuse,
including urine analysis, upon written consent of the parents. N.Y. Educ. Law §912-a.
Private school administrators have a duty to train pupils to exit the building in a
sudden emergency. Fire drills must be conducted at least 12 times each school year;
eight of the drills must be held between September 1 and December 1; one-third of
the drills should use fire escapes on buildings if provided; and at least one drill should
instruct students how to leave the building during lunch period. An administrator
failing to comply with this provision is guilty of a misdemeanor. N.Y. Educ. Law
§807.
Administrators of private schools, i.e. kindergarten with six or more pupils and
establishments other than public schools with 25 or more pupils, must have the school
buildings inspected annually for fire hazards. Inspections must be conducted prior to
December 1st and a report filed with the state fire administrator on forms provided by
the commissioner of education. The provision is inapplicable to school authorities in
New York City, Buffalo, Rochester, Syracuse and Yonkers. N.Y. Educ. Law §807-a.
Private schools located in areas with local fire departments unequipped with
electronically operated fire alarm reporting systems may cause the internal school fire
alarms to be interconnected with the local fire department. Installation and
maintenance costs must be apportioned to the school authorities. N.Y. Educ. Law
§807-c. Private schools having a central annunciator panel identifying activated
alarms must locate the panel so it can be read without entering the building. N.Y.
Educ. Law §807-d.
The Division of Criminal Justice Services disseminates a missing children's bulletin
to the State Education Department for public and private school use. The division will
assist private schools in developing education and prevention programs concerning
child safety. N.Y. Exec. Law §837-f.
New York restricts retail liquor licenses for on-premises consumption within 200 feet
of a building used exclusively as a school. N.Y. Alco. Bev. Cont. Law §64.7.
Administrators of private schools must arrange that every participant in shop or
laboratory classes involving dangerous activities, as specified, wear eye safety
devices in accordance with state regulations. N.Y. Educ. Law §409-a.
Nonpublic school administrators must require that batboys and batgirls participating
in baseball and softball competitions wear protective headgear when on the field and
the game is in play. N.Y. Educ. Law §409-c.
Transportation
The New York Constitution allows the state legislature to provide transportation for
students to and from private schools. New York Constitution Art. XI, Sec. 3.
Non-city school districts are required to provide transportation up to 15 miles, is
provided for all children residing within the school district who are in need i.e. K–8
students residing more than two miles from school and 9–12 students residing more
than three miles from school. City school districts are not generally required to
provide transportation; but if provided, transportation must be offered equally to all
State Regulation of Private Schools—New York
196
children in like circumstances. Transportation from centralized pick-up points at
public schools may be provided to pupils attending nonpublic schools under certain
circumstances. Superintendents of cities in excess of one million, must notify
nonpublic school officials who have requested transportation of the school calendar
for the following year by June 1st. N.Y. Educ. Law §3635.1.a-c; 2-a.
The commissioner of transportation has authority to regulate all motor vehicles
transporting passengers to and from schools, for hire or owned and/or operated by any
private school. N.Y. Transp. Law §140.2.a.(i).
Nonpublic school vehicle operators may apply for reimbursement of motor vehicle
tax expended exclusively in educational related activities. N.Y. Tax Law §289-c.3.e.
Textbooks
Local school districts have the power and the duty to loan free of charge textbooks to
children enrolled in nonpublic schools upon request. Textbooks must be designated
for use by public schools or approved by school authorities. School districts must loan
textbooks to public and nonpublic schools on an equitable basis. N.Y. Educ. Law
§701.3,4.
The loan of free textbooks to parochial schools does not violate the New York
Constitution. Bd. of Education v. Allen, 228 N.E.2d 791 (1967).
School districts have the power and duty to loan school library materials to pupils
attending private schools. The materials must be designated for use in any public
elementary or secondary school of the state or approved by the board of education,
trustees or other school authorities. N.Y. Educ. Law §712.
Testing
Nonpublic school students are required to participate in the Regents competency
testing program before graduation from high school.
Nonpublic school students must participate in the Pupil Evaluation Program (PEP)
and Preliminary Competency Tests (PCT) at appropriate grade levels.
Special Education
Upon written request by the parent or guardian, nonpublic schools students may
receive services for gifted pupils, occupational and vocational education, and
education for students with disabling conditions and related services provided the
instruction is given to public school students. Transportation is provided if the
distance between the nonpublic school and the public school exceeds one-quarter
mile except disabled students receive transportation according to their needs. N.Y.
Educ. Law §3602-c.
School district's may provide students with disabilities special services or programs
through contracts with private residential and nonresidential schools approved by the
Commissioner. N.Y. Educ. Law §4401.2 (e), (f), (g). N.Y. Comp. Codes R. & Regs.
Title 8, Part 200.6.
All professional instructional and supervisory personnel at private schools providing
public placements for disabled children must be appropriately certified. N.Y. Comp.
Codes R. & Regs. Title 8, Part 200.7(b)(6).
State Regulation of Private Schools—New York
197
School boards must provide suitable transportation up to a distance of fifty miles to
and from a nonpublic school which a disabled child attends to receive special
education services. N.Y. Educ. Law §4402.4.d.
The State Department of Education has a duty to audit nonpublic schools receiving
public moneys for services to children with disabilities. N.Y. Educ. Law §4403.5.
Nursing and Health
Local school districts must provide all health and welfare services and facilities that
are available to public school students to students attending schools other than public,
when requested. Services may include, but are not limited to, services performed by a
physician, dentist, dental hygienist, nurse, school psychologist, social worker, speech
correctionist and maintenance of health records and emergency care programs for ill
or injured pupils. N.Y. Educ. Law §912.
Private schools are eligible to apply to the Office of Mental Health for education
grants for the identification and treatment of adolescents who are at high risk for
suicide. N.Y. Mental Hyg. Law §41.49
Technology
Upon request, local school districts will loan computer software to private school
students free of charge. Software programs must be designated for use in any public
school or approved by school authorities. N.Y. Educ. Law §752.
The commissioner of education may approve school district and boards of
cooperative educational services applications for funding of approved learning
technology programs, including services benefiting nonpublic school students. §550
of Chapter 170 of the N.Y. Laws of 1994.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
The state commissioner of education annually apportions to qualifying schools
(nonprofit nonpublic schools providing instruction in accordance with N.Y. Educ.
Law §3204) the actual cost incurred by each school for compliance with state
requirements of the pupil evaluation program, basic educational data system, regents
examinations, the statewide evaluation plan, uniform procedure for pupil attendance
reporting and other similar state prepared examinations and reporting procedures.
1974 N.Y. Laws, Chapter 507, as amended by Chapter 508.
Appropriations have been made annually since 1974, most recently in 1994 N.Y.
Laws, Chapter 53, §1.
Tax Exemption
Real property owned by nonprofit corporations or associations conducted exclusively
for religious or educational purposes is exempt from real property tax. N.Y. Real
Prop. Tax §420-a.
State Regulation of Private Schools—New York
198
Sales by or to nonprofit corporations or associations, organized exclusively for
religious or educational purposes, are exempt from state sales and compensating use
tax. N.Y. Tax Law §1116(a).
Public Aid for Private Education
Constitutional provisions: The New York Constitution prohibits appropriations by
the state or any subdivision, directly or indirectly, to a sectarian school except for
examination or inspection. New York Constitution Art. XI, Sec. 3.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
Parents of students of compulsory school attendance age must submit written notice
to the superintendent of schools of their school district of residence of their intention
to educate their child at home by July 1st of each school year. Regulations of the New
York State Commissioner of Education §100.10.
The school district must provide parents a copy of Regulations of the New York State
commissioner of education §100.10 and a form to submit an individualized home
instruction plan (IHIP) within ten business days of receiving the parent‘s notice of
intention. Regulations of the New York State Commissioner of Education §100.10.
The parent must submit a completed IHIP within four weeks of receiving the
materials, or by August 15, whichever is later. If the parent needs assistance in
preparing the forms the district must provide it upon request. Regulations of the New
York State Commissioner of Education §100.10.
The school district must notify the parent within ten business days, or by August 31,
whichever is later, whether or not the IHIP complies with state requirements. If the
IHIP is found deficient, the school district must provide written notice of its
deficiency.
If the IHIP is found deficient, the parent must submit a revised IHIP, correcting the
deficiency, within 15 days of receiving notice of the deficiency or by September 15 ,
whichever is later. Regulations of the New York State Commissioner of Education
§100.10.
The IHIP must include: the child's name, age and grade level; a list of the syllabi,
curriculum materials, textbooks or plan of instruction to be used in each of the
required subjects; the dates for submission to the school district of the parents'
quarterly reports; the names of the individuals providing instruction; and a statement
that the child will be meeting the compulsory educational requirements of Education
Law, Section 3205 through full-time study at a degree-granting institution.
Regulations of the New York State Commissioner of Education §100.10.
Required courses for grades one through six are arithmetic, reading, spelling, writing,
the English language, geography, United States history, science, health education,
music, visual arts, physical education, bilingual education or English as a second
language where the need is indicated. Regulations of the New York State
Commissioner of Education §100.10.
Required courses for grades seven and eight are English; history and geography;
science; mathematics; physical education; health education; art; music; practical arts;
State Regulation of Private Schools—New York
199
and library skills. Regulations of the New York State Commissioner of Education
§100.10.
Required courses for grades nine through twelve are English; social studies, including
American history, government, and economics; mathematics; science; art or music;
health education; physical education; and three electives. Regulations of the New York
State Commissioner of Education §100.10.
Parents must maintain a record of attendance, quarterly reports, and annual
assessment (results from a commercially published norm referenced achievement
test). Regulations of the New York State Commissioner of Education §100.10.
Home instruction students are allowed to take five specific Regents examinations or
approved alternative examinations for the purpose of meeting the preliminary
education requirement for earning a college degree. Regulations of the New York
State Commissioner of Education §100.10.
Information resources
New York State Education Department: Home Instruction
<http://www.emsc.nysed.gov/nonpub/homeinstruction/home.html >
New York State Education Department: Nonpublic Schools
<http://www.emsc.nysed.gov/nonpub/>
New York State Education Department: Manuel for New Administrators of
Nonpublic Schools
<http://www.emsc.nysed.gov/nonpub/manualfornewadministratorsofnps/home.html>
New York State Education Department: Policy & Guidance
<http://usny.nysed.gov/policy.html>
New York State Education Department
Education Building
Room 111
89 Washington Avenue
Albany, NY 12234
Phone: 518-474-5844
Fax: 518-473-4909
Web site: http://www.nysed.gov/
U.S. Department of Education, New York
Updated December 15, 2008
200
NORTH CAROLINA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
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.
The State Board of Education ceased accrediting schools on June 30, 2000.
All school accreditation is now done by accrediting organizations which are
independent of direct governmental control.
Registration is mandatory.
A new school must send to a duly authorized representative of the State of
North Carolina a notice of intent to operate, name and address of the school,
and name of the school's owner and chief administrator. Similarly, a school
that is closing must notify a duly authorized representative of the State of
North Carolina upon termination of the school. N.C. Gen. Stat. §§115C-552,
553 and N.C. Gen. Stat. §115C-560, 561.
No requirements for Licensing.
Approval is optional.
Private church schools or schools of religious charter and qualifying
nonpublic schools which comply with the provisions of N.C. Gen. Stat.
§§115C-547 through 562 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 no longer approved by the
Department. No approval of a nonpublic school has taken place since 1979.
In May of 1979, the North Carolina General Assembly transferred legal
oversight of nonpublic schools from the State Board of Education and the NC
Department of Public Instruction to the Office of the Governor.
Teacher Certification
Teacher certification is not required of nonpublic schools.
Length of School Year/Days
Children in North Carolina may attend private church schools or schools of religious
charter under N.C. Gen. Stat. §115C-547 et seq., or nonpublic schools which qualify
under N.C. Gen. Stat. §115C-555 et seq. Delconte v. State, 329 S.E.2d 636 (1985).
Attendance at a private church school or school of religious charter satisfies the
compulsory school attendance requirements provided the school operates on a regular
State Regulation of Private Schools—North Carolina
201
schedule, excluding reasonable holidays and vacations, during at least nine 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 nine calendar months of the year.
N.C. Gen. Stat. §115C-556.
To satisfy the compulsory attendance statute, attendance at an 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. The North Carolina Division of Non-Public Education
defines this as a ―a school term of at least nine calendar months on a regular schedule
excluding reasonable holidays and vacations,‖ advising at least 180 instructional days
per year.
Curriculum
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.
There are no curriculum requirements for nonpublic schools; however, nationally
standardized testing in certain subject areas is mandated. N.C. Gen. Stat. §115C- 549
and Gen. Stat. § 115C-557. See Testing, below.
Recordkeeping/Reports
Private church schools or schools of religious charter and qualifying nonpublic
schools must make and maintain annual attendance and disease immunization records
for each student. N.C. Gen. Stat. §§115C-548, 556.
Private church schools or schools of religious charter and qualifying nonpublic
schools must make and maintain student nationally standardized test result records
every year for each student enrolled in grades 3, 6, 9 and 11 for at least one year and
make them available for annual inspection in the school‘s office by the duly
authorized representative of the state of North Carolina. N.C. Gen. Stat. §§115C-549,
550, 557 and 558.
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), 561.
Qualified nonpublic schools that comply with the requirements under N.C. Gen. Stat.
§115C-555 et seq., are not subject to any other educational provision except
requirements respecting fire, safety, sanitation and immunization. N.C. Gen. Stat.
§115C-562.
When the school terminates operation, the school must also notify the state's
designated representative. N.C. Gen. Stat. §115C-560(b), 561.
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.
State Regulation of Private Schools—North Carolina
202
Private schools operated by any church or other organized religious group that
complies with the requirements under N.C. Gen. Stat. §115C-547 et seq. are not
subject to any other educational provision except requirements respecting fire, safety,
sanitation and immunization. N.C. Gen. Stat. §115C-554.
When the school terminates operation, the school must also notify the state's
designated representative. N.C. Gen. Stat. §115C-552(b), 553.
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.
Health and Safety Requirements
Private church schools or schools of religious charter and qualifying nonpublic
schools are subject to the state requirements respecting fire, safety, 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 or
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.
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.
State Regulation of Private Schools—North Carolina
203
The North Carolina Department of Justice may provide a criminal record check to
nonpublic school employers for school employees 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 disorderl y
conduct by disrupting the teaching of students at any private educational institution.
N.C. Gen. Stat. §14-288.4.
Transportation
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). See Special Education, below.
Textbooks
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).
Testing
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, 553.
Private church schools or schools of religious charter must administer a nationally
standardized test to students in grade 11 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,
553.
Private church schools or schools of religious charter may participate voluntarily in
high school competency testing and statewide testing programs at the school‘s
expense. However, because the standardized tests used by the public schools of
North Carolina are state standardized (rather than nationally standardized), they do
State Regulation of Private Schools—North Carolina
204
not satisfy the annual nationally standardized testing requirement for nonpublic
schools. 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,
561.
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, 561.
Qualified nonpublic schools may participate voluntarily in high school competency
testing and statewide testing programs at the school‘s expense. However, because the
standardized tests used by the public schools of North Carolina are state standardized
(rather than nationally standardized), they do not satisfy the annual nationally
standardized testing requirement for nonpublic schools. 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). However, no nonpublic schools
have been supervised by the State Board of Education since 1979. See Approval
under Accreditation/Registration/Licensing/Approval, above.
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 education agency. N.C. Gen. Stat. §115C-111.2. See
Transportation.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
State Regulation of Private Schools—North Carolina
205
Tax Exemption
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).
Public Aid for Private Education
Constitutional provisions: 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.
Program for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
A home school8 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 and must then meet the requirements for
that type of school except that the building inspections are waived if the school meets
in a private residence and that the nationally standardized testing requirement for the
students is annual. 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, 563b.
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.
However, since the standardized tests used by the public schools of North Carolina
are state standardized (rather than nationally standardized), they do not satisfy the
annual nationally standardized testing requirement for home schools. 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; 557, 558.
Home schools that comply with the requirements under N.C. Gen. Stat. §115C-563 et
seq. are not subject to any other educational provision except requirements respecting
immunization. N.C. Gen. Stat. §115C-565.
8 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—North Carolina
206
Information resources
State of North Carolina: Department of Administration, Division of Non-Public
Education <http://www.ncdnpe.org/index.asp>
North Carolina Division of Non-Public Education: Private School Requirements
<http://www.ncdnpe.org/hhh104.asp>
North Carolina Division of Non-Public Education: Home School Information
<http://www.ncdnpe.org/homeschool.asp>
North Carolina Division of Non-Public Education: Frequently Asked Home School
Question Topics <http://www.ncdnpe.org/hhh114.asp>
North Carolina General Statutes
<http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl>
Chapter 115C, Article 39: Nonpublic Schools
North Carolina Department of Administration
Division of Non-Public Education
1309 Mail Service Center
Raleigh, North Carolina 27699-1309
Web site: http://www.ncdnpe.org
Phone: 919-733-4276
North Carolina Department of Public Instruction
301 North Wilmington Street
Raleigh, NC 27601
Phone: 919-807-3300
Fax: 919-807-3445
E-mail: information@dpi.state.nc.us
Web site: http://www.ncpublicschools.org/
U.S. Department of Education, North Carolina
Updated December 2, 2008
207
NORTH DAKOTA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
No requirements for Registration.
No requirements for Licensing.
Approval is mandatory.
The superintendent of public instruction must approve all nonpublic schools
offering elementary or secondary education. N.D. Cent. Code §15.1-06-06.
The superintendent of public instruction may not approve a school unless each
teacher is licensed to teach by the education standards and practices board or
approved to teach by the education standards and practice board; teacher is
only teaching courses in fields in which he or she is licensed; students are
offered all subjects required by law; the school is in compliance with all local
and state health, fire and, safety laws; and the school has conducted criminal
history record checks on employees. N.D. Cent. Code §15.1-06-06.
The superintendent of public instruction may approve a nonpublic secondary
school with enrollment of 50 students or fewer if the school provides courses
in all subjects required by law, complies with statutes regarding the length of
the school year, and meets all health, fire, and safety standards. The school
must have at least one state-licensed high school teacher for each 25 students.
N.D. Cent. Code §15.1-06-07.
Teacher Certification
Teacher certification is mandatory.
Elementary school (grades 1–6) teachers must be licensed by the education standards
and practices board or approved to teach by the education standards and practiced
board and have a major in elementary education or its equivalent. N.D. Cent. Code
§15.1-18-07.
Middle school teachers (grades 5–8) must be licensed by the education standards and
practices board or approved to teach by the education standards and practices board
and have a major in middle level education with content in areas specific to the
courses he or she is teaching or its equivalent. N.D. Cent. Code §15.1-18-08.
High school teachers (grades 7–12) must be licensed by the education standards and
practices board or approved to teach by the education standards and practices board
and have a major in the areas taught by the individual or its equivalent. N.D. Cent.
Code §15.1-18-09.
Length of School Year/Days
Elementary and secondary schools must provide for a school calendar of at least 180
days, which include 173 full days of instruction, three holidays, two days for teacher
education association meetings, two parent-teacher conference days, and two days for
professional development activities. N.D. Cent. Code §15.1-06-04.
State Regulation of Private Schools—North Dakota
208
Curriculum
To be approved by the superintendent of public instruction, each public and
nonpublic elementary and middle school shall provide to students instruction in:
English language arts, including reading, composition, creative writing, English
grammar, and spelling; mathematics; social studies, including: the United States
Constitution; United States history; geography; government; and North Dakota
studies, with an emphasis on the geography, history, and agriculture of the state, in
grades 4 and 8; science, including agriculture; physical education; health, including
physiology, hygiene, disease control, and the nature and effects of alcohol, tobacco,
and narcotics. N.D. Cent. Code §15.1-21-01.
Course offerings must include the following units of study: English (4); Mathematics
(4); Science (4); Social Studies (4 including world history and United States history);
Health (1/2), Physical Education (1/2); Art (2, at least one music); Foreign Language
(2); and, career and technical education (2). Further, each public and nonpublic
school must, at least once every two years, make available at least one-half unit of
North Dakota studies with an emphasis on geography, history, and agriculture of the
state to each student. N.D. Cent. Code §15.1-21-02.
Beginning in 2008–09 school year, graduation requirements include: four units of
English language arts; two units of mathematics; two units of science; three units of
social studies, which may include one-half unit of North Dakota studies and one-half
unit of multicultural studies; one unit of physical education, which may include up to
one-half unit of health; and one unit of a foreign or native American language, fine
arts, or career and technical education. N.D. Cent. Code §15.1-21-02.2.
Recordkeeping/Reports
The Superintendent of Public Instruction is required by law to include in his biennial
report to the Governor and the Office of Management and Budget, the condition,
educational and financial, of the private schools and academies of the state as far as it
can be ascertained. N.D. Cent. Code §15.1-02-09.
Students enrolled in private or parochial schools must be registered in their legal
surname and for all records maintained by the school and in all communications
requiring the use of a surname. N.D. Cent. Code §15.1-19-01.
Health and Safety Requirements
Each nonpublic school must be inspected at least once every three years by the state
fire marshal. The state fire marshal will prepare an inspection report, and provide
copies of the report to the administrator of the school and the superintendent of public
instruction. N.D. Cent. Code §15.1-06-10.
If a nonpublic school is found deficient in the fire marshal‘s inspection report the
school administrator must submit a plan of correction to the state fire marshal and
remedy the deficiency within an acceptable time period. N.D. Cent. Code §15.1-06-
10.
To meet state approval requirements, parochial and private schools must be in
compliance with all municipal and state health laws. N.D. Cent. Code §15.1-06-06.
State Regulation of Private Schools—North Dakota
209
Private school teachers, administrators, parents and guardians are prohibited from
permitting children with significant contagious or infectious diseases to attend school
until permitted to do so under the regulations of the local board of health. N.D. Cent.
Code §23-07-16.
Plans and specifications for all new private school buildings and for additions and
remodeling for existing school buildings must be submitted to the state fire marshall.
N.D. Cent. Code §18-12-03; § 18-12-05.
Private schools may organize and supervise school safety patrols to direct students
when and where to cross highways, streets, and roads. N.D. Cent. Code §15.1-19-11.
Transportation
Nonpublic school students may receive transportation to school on public school
buses running on public school routes if authorized by the local school board,
passenger room is available, and no state funds are paid for mileage costs for any
deviation from the established public routes. N.D. Cent. Code §15.1-30-15.
Textbooks
There is no state policy at this time.
Testing
There is no state policy at this time.
Special Education
School districts must contract with accredited private nonsectarian nonprofit
corporations within or without the state or out-of-state public schools for the
education of students with disabilities that are unable to attend public schools in the
district because of their disability if there are no public schools in the state with the
necessary facilities. N.D. Cent. Code §15.1-32-15.
If a student's individualized education program or services plan requires the provision
of transportation services, the student's school district of residence must provide it by
any reasonably prudent means, including a regularly scheduled schoolbus, public
transit, commercial transportation, chartered or other contracted transportation, and
transportation provided by the student's parent or other responsible party. N.D. Cent.
Code §15.1-32-16.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for performing state/local functions
There is no state policy at this time.
State Regulation of Private Schools—North Dakota
210
Tax Exemption
Gross receipts from the sale of textbooks to private school students and the sale of
textbooks, yearbooks, school supplies and food supplies to private nonprofit
elementary and secondary schools are exempt from state sales tax. N.D. Cent. Code
§57-39.2-04.5, 20.
Public Aid for Private Education
Constitutional Provisions: ―No money raised for the support of the public schools
of the state shall be appropriated to or used for the support of any sectarian school.‖
N.D. Const. art. 8, §5.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
―Home education" is defined as ―a program of education supervised by a child's
parent, in the child's home, in accordance with the requirements of this chapter.‖
N.D. Cent. Code §15.1-23-01.
A parent intending to supervise home education must submit an annual statement
with the superintendent of the public school district in which the child resides at least
14 days prior to the beginning of home education. The statement must include the
names and addresses of the parent who will supervise and the child who will receive
home education; the date of birth and grade level of the child; the intention of the
parent to supervise home education; the qualifications of the parent who will
supervise home education; a list of courses in which the child intends to enroll and
the public school district offering the courses; a list of extracurricular activities in
which the child intends to participate and the public school district or approved
nonpublic school offering the activities; proof of immunizations; and proof of
identity. N.D. Cent. Code §15.1-23-02.
The home education must include instruction in those subjects required by law to be
taught to public school students and must have a duration of at least four hours each
day for a minimum of 175 days each year. N.D. Cent. Code §15.1-23-04.
The parent supervising home education must maintain an annual record of courses
taken by the child and the child's academic progress assessments, including any
standardized achievement test results. N.D. Cent. Code §15.1-23-05.
A parent is qualified to supervise home education if he or she has a high school
diploma or a general education development certificate. However, for the first two
years of home education a teacher licensed by the education standards and practices
board or approved to teach by the education standards and practices board must
complete the monitoring. If the child being instructed receives a composite
standardized achievement test score below the 50th percentile nationally, the required
monitoring must continue. N.D. Cent. Code §15.1-23-06 and N.D. Cent. Code §15.1-
23-07.
A student receiving home education must take the standardized test used by the
school district in which the student resides in grades four, six, eight, and ten or, if
requested by the parent, a nationally normed standardized achievement test. The
State Regulation of Private Schools—North Dakota
211
student may take the test in his or her learning environment or, if requested by the
parent, in a public school. The test must be administered by an individual licensed to
teach by the education standards and practices board or approved to teach by the
education standard and practice board. If the student takes the standardized test used
by the school district in which he or she resides then the school district is responsible
for the cost of the test and ensuring a district employee administers the test. If the
student takes a nationally normed standardized test then the parent is responsible for
the cost of the test and the cost of administering the test. N.D. Cent. Code §15.1-23-
09 and N.D. Cent. Code §15.1-23-10.
The parent supervising home education must file the results of the student‘s
standardized achievement test with the superintendent of the student‘s resident
district. N.D. Cent. Code §15.1-23-11.
If a student receiving home education scores lower than the 30th percentile on the
basic composite score on a standardized achievement test then that student will be
assessed for potential learning problems by a multidisplinary assessment team. N.D.
Cent. Code §15.1-23-11.
―A child receiving home education may participate in extracurricular activities either:
under the auspices of the child's school district of residence; or under the auspices of
an approved nonpublic school, if permitted by the administrator of the school.‖ N.D.
Cent. Code §15.1-23-16.
A high school diploma may be issued to a student by the student‘s school district of
resident, a state-approved nonpublic high school, or the North Dakota division of
independent study if the student, through home education, has met the issuing entity‘s
requirements for high school graduation and the student‘s parent or legal guardian
provides the issuing entity with the required documentation. N.D. Cent. Code §15.1-
23-17.
Information resources
North Dakota Department of Public Instruction: Home Education
<http://www.dpi.state.nd.us/approve/home/ >
North Dakota Century Code
<http://www.legis.nd.gov/information/statutes/cent-code.html >
Title 15.1: Elementary and Secondary Education
<http://www.legis.nd.gov/cencode/t151.html>
North Dakota Department of Public Instruction
Department 201
600 East Boulevard Avenue
Bismarck, ND 58505-0440
Phone: 701-328-2260
Fax: 701-328-2461
Web site: http://www.dpi.state.nd.us/
U.S. Department of Education, North Dakota
Updated March 5, 2009
212
OHIO
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Completing the ―state” chartering process is optional.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
A nonpublic school has the option of seeking a charter from the state board of
education. A chartered nonpublic school must assure that students are
provided a general education of high quality by either: 1) being accredited by
an association approved by the state board of education and with standards
reviewed by the state superintendent‘s advisory committee on chartered
nonpublic schools; or 2) completing the chartering process and showing
compliance with the Operating Standards for Ohio‘s Schools, Ohio Admin.
Code §§3301-35-01–3301-35-07 and §3301-35-11. Ohio Admin. Code
§3301-35-12.
The superintendent of public instruction shall establish an advisory committee
on chartered nonpublic schools to make recommendations to the state board of
education concerning development and administration of regulations for
chartered nonpublic schools. Ohio Admin. Code §3301-35-12 (C).
Teacher Certification
Standards for teacher certification for nontax-supported schools provide for
certification without further educational requirements for individuals with a
bachelor's degree from an accredited college or university. Standards for teacher
certification in nonchartered non-tax-supported schools provide for certification
without further educational requirements for individuals who have attended Bible
colleges and Bible institutes. Teachers in nonchartered, non-tax-supported schools are
exempt from certification fees. ORC §3301.071.
Length of School Year/Days
Students enrolled in schools other than public schools must attend for equivalent
hours and term of attendance for public school students. Ohio Department of
Education guidance states that, at a minimum, nonpublic schools must have at least
175 days of student instruction (which can include up to two days for parent-teacher
conferences) per the law under Section 3313.48 of the Ohio Revised Code that
applies to public school districts. ORC §3321.07.
Each school, grades one through six shall provide at least five hours of instruction
each school day, excluding the lunch period. The school day for students grades
seven through twelve shall consist of at least five and one-half hours, excluding the
lunch period. ORC §3301.35-06.
State Regulation of Private Schools—Ohio
213
Private and parochial schools may prescribe when a child may be excused for absence
from school for good and sufficient reasons. ORC §3321.04.
Curriculum
A non-chartered, non-tax-supported school must provide courses in the following
subjects: language arts; geography, the history of the United States and Ohio, and
national state, and local government; mathematics; science; health; physical
education; the fine arts, including music; first aid, safety, and fire prevention; and
other subjects as prescribed by the school. Ohio Admin. Code §3301-35-08.
Nonpublic school students may participate in public school vocational education
programs without assessment other than charges paid by public school students. ORC
§3313.90.
Principals of private and parochial schools must display the United States flag, not
less than five feet in length, over, near, or within all schoolhouses when in session.
ORC §3313.80.
Nonpublic school students may participate in Ohio's postsecondary enrollment
options program. Nonpublic schools must provide students information about the
program prior to March 1. Students must notify the nonpublic school by March 30 of
their intention to participate. The chief administrator of a nonpublic school must
counsel students before participation of the possible risks and consequences of
participation. Students may elect to receive both college credit and high school credit.
ORC §3365.02.
Recordkeeping/Reports
A school that is not chartered or seeking a charter from the state board of education
must submit a report to the parents of its pupils that the school meets Ohio minimum
standards for non-chartered, non-tax-supported schools annually. A copy of said
report shall be filed with the Ohio department of education on or before September 13
each year. Ohio Admin. Code §3301-35-08.
A student enrolling in a nonpublic school must present: 1) records of prior school
enrollment; 2) a certified copy of a court order allocating parental rights, if
applicable; and, 3) a certification of birth. Within 24 hours of enrollment, a school
official must request the pupil's official records from the sending school. If the school
claims it has no records of attendance or the records are not received within 14 days,
or if the pupil does not present a certification of birth, the school official must notify
the local law enforcement agency of the possibility that the pupil is a missing child.
ORC §3313.672.
Private and parochial schools must report to the treasurer of the Board of Education
the names, ages, and residence of all pupils under 18 within the first two weeks of
school to facilitate carrying out the laws relating to compulsory education and the
employment of minors. Reports must be updated within the first week of every
subsequent school month. ORC §3321.12.
The State Board of Education submits annually a ten-year projection of nonpublic
school enrollment, by year and by grade level, to the governor and General Assembly.
ORC §3301.07(F).
State Regulation of Private Schools—Ohio
214
Health and Safety Requirements
No person may establish an institution for persons suffering from a communicable
disease, defined by the director of health, within 2,000 feet of any private or parochial
school. ORC §3313.74.
Principals of private schools having an average daily attendance of 50 students or
more must instruct and train the students to exit buildings by drills at least once a
month. The doors and exits of school buildings must be unlocked during school
buildings. ORC §3737.73.
Ohio's Missing Child Educational Program will assist nonpublic schools in
developing cooperative programs with local law enforcement agencies for
fingerprinting children. The Office of the Attorney General will disseminate periodic
information bulletins of missing children to nonpublic schools. If the chief
administrator of a nonpublic school is notified that a missing child is attending his
school, the administrator must notify the Missing Children Clearinghouse and the
local law enforcement agency immediately. ORC §§109.65; 3301.25.
The hiring officer of any chartered nonpublic school must request a criminal records
check for any applicant for a position responsible for the care, custody, or control of a
child. The request must be made to the superintendent of the Bureau of Criminal
Identification and Investigation. If the applicant was convicted or plead guilty to
certain crimes listed, the school cannot employ the individual. The cost of the
criminal records check is born by the school, but may be passed on to the applicant if
notified beforehand. ORC §3319.39.
Chartered nonpublic schools must comply with written requests for student records
from entities investigating complaints of child abuse and neglect unless the school
determines they are prohibited by law and file a motion with the court. ORC
§2151.141.
The State Board of Education will provide technical assistance to chartered nonpublic
schools on Block Parent Programs, i.e. voluntary programs to provide students
temporary refuge. ORC §3301.076.
If known, chartered nonpublic schools will be notified by the prosecuting attorney if
an employed certificated teacher is convicted or pleads guilty to certain criminal
violations. ORC §3319.52.
Nonpublic school teachers, principals and administrators may use reasonable corporal
punishment whenever such punishment is reasonably necessary to preserve discipline,
subject to the school's own policies. ORC §3319.41
Transportation
Students, grades K–8, who are enrolled in and attend nonpublic schools may be
eligible for transportation from their public school district of residence, providing the
distance to travel between the public school building the student would have attended
and the nonpublic school is within 30 minutes travel time by yellow school bus, on a
school day and during the hours a school bus would normally operate. Payment-in-
lieu of transportation may be offered to the parent or guardian of students who are
eligible for transportation but where the board of education for public school district
of residence has declared transportation to be impractical pursuant to ORC §3327.02.
State Regulation of Private Schools—Ohio
215
School boards may provide students, grades 9–12, transportation to and from
nonpublic schools, but if transportation is not provided for students attending the
public high school(s), transportation will not be provided to those enrolled in
nonpublic school. The boards must provide transportation for students with
disabilities, if mandated by a student‘s IEP. Transportation is conditioned on the
school's nondiscrimination in the selection of pupils, faculty members, and employees
based on race, color, religion or national origin. ORC §3327.01.
Transportation for students attending sectarian schools does not violate the Ohio
constitutional provision prohibiting religious control over state school funds.
Honohan v. Holt, 244 NE2d 537 (1968).
School districts may lease busses to nonpublic schools located within the district for
school related activities that would be approved school related activities offered by a
public school. The cost must not exceed the costs of operating the busses. ORC
§3327.13.
Textbooks
State allocations paid to local school districts for chartered nonpublic schools may be
used for loaning such textbooks or electronic textbooks to pupils attending nonpublic
schools within the district or to their parents upon request nonpublic school pupils or
parents. Requests must be submitted to the school district in which the nonpublic
school is located. ORC §3317.06(A).
Testing
Chartered nonpublic schools may participate in the administration of the Ohio
Achievement Tests if the chief administrator submits a written request to the
superintendent of public instruction prior to August 1. Ohio‘s Grade 3–8
Achievement Tests currently are in reading, mathematics, science, social studies and
writing and aligned to Ohio‘s academic content standards. These assessments
measure students on what they know and are able to do in mathematics, reading,
science, social studies and writing have replaced the previously used Ohio‘s
proficiency tests. Ohio Admin. Code §3301-13-01.
Beginning with the high school graduating class of 2007, students attending charted
nonpublic schools must pass all five parts of the Ohio Graduation Tests (OGT) in
order to receive high school diplomas and replaces the Ohio Ninth-Grade Proficiency
Tests, which were tests aligned to learning outcomes. The OGT are aligned to Ohio‘s
academic content standards, which were adopted by the State Board of Education in
English language arts, mathematics, science and social studies. These standards have
been carefully designed to ensure that students are armed with the knowledge they
need to be successful in higher educational pursuits as well as the jobs and careers of
the future. Ohio Admin. Code §3301-13-01.
State allocations paid to local school districts for chartered nonpublic schools may be
used for supplying pupils attending nonpublic schools within the district such
standardized tests and scoring services as are in use in the public schools of the state
ORC §3317.06(H).
State Regulation of Private Schools—Ohio
216
Special Education
The Department of Education will consult with chartered nonpublic schools regarding
sign language interpreters for the instruction of hearing-impaired children. ORC
§3323.17.
Nursing and Health
State allocations paid to local school districts for chartered nonpublic schools may be
used for: 1) speech and hearing diagnostic services; 2) physician, nursing, dental, and
optometric services; 3) diagnostic psychological services; 4) therapeutic
psychological and speech and hearing services; and 5) guidance and counseling
services. ORC §3317.06(B), (C), (D), (E) and (F).
No school district shall provide health or remedial services to nonpublic school pupils
as authorized by this section unless such services are available to pupils attending the
public schools within the district. ORC §3317.06.
Nonprofit private schools eligible to participate in food service programs should
apply to the State Board of Education for assistance. ORC §3313.813.
Technology
State allocations paid to local school districts for chartered nonpublic schools may be
used for the purchase or leasing of secular, neutral, and nonideological computer
software (including site-licensing), prerecorded video laserdiscs, digital video on
demand (DVD), compact discs and video cassette cartridges, wide area connectivity
and related technology as it relates to Internet access, mathematics or science
equipment and materials generally used in the public schools. ORC §3317.06(K).
Each school district shall label materials, equipment, computer hardware or software,
textbooks, and electronic textbooks purchased or leased for loan to a nonpublic
school under this section, acknowledging that they were purchased or leased with
state funds under this section. However, a district need not label materials, equipment,
computer hardware or software, textbooks, or electronic textbooks that the district
determines are consumable in nature or have a value of less than $200. ORC
§3317.06.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
The superintendent of public instruction is required to annually reimburse each
chartered nonpublic school the actual cost for mandated administrative and clerical
costs incurred by such school during the preceding school year ―in preparing,
maintaining, and filing reports, forms, and records, and in providing such other
administrative and clerical services that are not an integral part of the teaching
process as may be required by state law or rule or by requirements duly promulgated
by city, exempted village or local school districts.‖ ORC §3317.063.
State Regulation of Private Schools—Ohio
217
Tax Exemption
The sale of food to students in a cafeteria maintained in a private or parochial school
is exempt from sales tax. ORC §5739.02.
Public Aid for Private Education
Constitutional Provisions: According to the Ohio Constitution, a religious sect may
not control any part of the state's school funds. Ohio Constitution Art. VI, Sec. 2.
Programs for financial assistance for attendance at private schools:
Ohio has three such programs.
1) Cleveland Scholarship and Tutoring Program provides scholarships to
students who reside in the Cleveland Metropolitan School District (CMSD) to
attend a qualifying private school. Students in grades K–8 are eligible to apply for
scholarships and recipients may retain their scholarships through grade 12. Students
from low-income families have priority in receiving new scholarships.
2) The Autism Scholarship Program provides scholarships to students who have been
identified as autistic through their assigned resident school district. These
scholarships allow eligible students to receive special education and related
services from approved registered providers, including private schools, or alternative
public providers, including schools in another district and other public
entities. Students participate in the program instead of attending their public district.
To be eligible, students must have been enrolled in, or be eligible to enroll in, a
school in their assigned resident district, and must have an individualized education
program (IEP) developed by the resident district. Registered private providers must,
among other requirements, implement the students‘ IEPs as written and maintained
by the resident district.
3) The Educational Choice Scholarship (EdChoice) Pilot Program was created to
provide students from underperforming public schools the opportunity to attend
participating private schools. The program provides up to 14,000 EdChoice
scholarships to eligible students. Students currently attending a public school that has
been rated in Academic Emergency or Academic Watch for two of the past three
years are eligible to apply. Public school students that will be assigned to such a
school in the upcoming school year are also eligible to apply. Students currently
attending a charter or community school whose homeschool is an eligible school on
our list are also eligible to apply.
Homeschooling
A parent who elects to provide home education must supply the following
information to the superintendent of schools of the district or residence: name and
contact information for students, parents and instructor; assurance that home
education will follow a prescribed list of subjects to be taught except that home
education shall not be required to include any concept, topic, or practice that is in
conflict with the sincerely held religious beliefs of the parents; brief outline of the
intended curriculum; list of textbooks or other basic teaching materials that the parent
intends to use for home education; assurance that the child will be provided a
minimum of 900 hours of home education each school year; and assurance that the
home teacher has a high school diploma or the certificate of high school equivalence
State Regulation of Private Schools—Ohio
218
or standardized test scores that demonstrate high school equivalence or other
equivalent credential found appropriate by the superintendent. ORC §3321.04, Ohio
Admin. Code §3301-34-03.
The parent shall send to the superintendent an academic assessment report of the
child for the previous school year at the time of supplying subsequent notification.
Ohio Admin. Code §3301-34-04.
If the annual academic assessment indicates that the child is not demonstrating
reasonable proficiency, the parent will be required to develop a plan of remediation
and submit a quarterly report to the superintendent. If the child does not demonstrate
reasonable progress during remediation, the superintendent may, subsequent to a due
process hearing, revoke the child‘s excuse from attendance and notify the parents in
writing to enroll the child within 30 calendar days in a school in compliance with
Chapter 3301-35 of the Administrative Code. Ohio Admin. Code §3301-34-05.
Information resources
Ohio Department of Education: Rules and Regulations for Private Schools
<http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEPrimary.aspx?page=2&
TopicRelationID=1332>
Ohio Department of Education: Chartered Nonpublic Schools
<http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?page=3&T
opicRelationID=701&ContentID=1211&Content=58859>
Ohio Department of Education: Operating Standards for Ohio‘s Schools
<http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?Page=3&T
opicRelationID=1222&Content=58339>
Ohio Administrative Code <http://codes.ohio.gov/oac>
Ohio Revised Code <http://codes.ohio.gov/orc>
Ohio Department of Education
Nonpublic Educational Options Program
25 South Front Street, MS 710
Columbus, OH 43215-4183
Phone: 614-752-5068
Toll-Free: 877-644-6338
Fax: 614-466/8700
Web site: http://www.ode.state.oh.us/
U.S. Department of Education, Ohio
Updated February 6, 2009
219
OKLAHOMA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Private and parochial schools may apply to the State Board of Education for
accreditation and classification in like manner as public schools. For
accreditation, private and parochial schools must comply with the standards
prescribed for public schools and members of the faculty must hold state
certificates as required of teachers in public schools. Okla. Stat. Title 70, §3-
104.
In addition, schools promulgate rules governing the classification, inspection,
supervision and accrediting of all public nursery, kindergarten, elementary
and secondary schools and on-site educational services provided by public
school districts or state-accredited private schools in partial hospitalization
programs, day treatment programs, and day hospital programs as defined by
law for persons between the ages of three (3) and twenty-one (21) years of age
in the state. However, no school shall be denied accreditation solely on the
basis of average daily attendance. Any school district which maintains an
elementary school and faces the necessity of relocating its school facilities
because of construction of a lake, either by state or federal authority, which
will inundate the school facilities, shall be entitled to receive probationary
accreditation from the State Board of Education for a period of five (5) years
after the effective date of this act and any school district, otherwise qualified,
shall be entitled to receive probationary accreditation from the State Board of
Education for a period of two consecutive years to attain the minimum
average daily attendance. The Head Start and public nurseries or
kindergartens operated from Community Action Program funds shall not be
subjected to the accrediting rules of the State Board of Education. Neither will
the State Board of Education make rules affecting the operation of the public
nurseries and kindergartens operated from federal funds secured through
Community Action Programs even though they may be operating in the public
schools of the state. However, any of the Head Start or public nurseries or
kindergartens operated under federal regulations may make application for
accrediting from the State Board of Education but will be accredited only if
application for the approval of the programs is made. The status of no school
district shall be changed which will reduce it to a lower classification until due
notice has been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherwise would be the cause of such
reduction. Okla. Stat. Title 70, §3-104.
Private and parochial schools may be accredited and classified in like manner
as public schools or, if an accrediting association is approved by the State
Board of Education, by procedures established by the State Board of
Education to accept accreditation by such accrediting association, if
State Regulation of Private Schools—Oklahoma
220
application is made to the State Board of Education for such accrediting.
Okla. Stat. Title 70, §3-104.
No requirement for Registration.
No requirement for Licensing.
No requirement for Approval.
Teacher Certification
Teacher certification is required for accredited private schools. Okla. Stat. Title 70,
§6-189.
Length of School Year/Days
A school day shall consist of not less than six hours devoted to school activities,
except that a school day for nursery, early childhood education, kindergarten,
extended day program, and alternative education programs shall be as otherwise
defined by law or as defined by the State Board of Education. Except for schools
operating under an extended day schedule as provided for in Section 1-109 of this
title, not more than one school day shall be counted for attendance purposes in any
24-hour period. Okla. Stat. Title 70, §1-111.
Students absent from school in which they are regularly enrolled may be considered
as being in attendance if the reason for such absence is to participate in scheduled
school activities under the direction and supervision of a regular member of the
faculty or to participate in a remote Internet-based course approved by the district
board of education. The State Board of Education shall adopt rules to provide for the
implementation of remote Internet-based courses. Okla. Stat. Title 70, §1-111.
Each district board of education shall adopt policies and procedures that conform to
rules for Internet-based courses as adopted by the State Board. Such policies shall
include criteria for approval of the course, the appropriateness of the course for a
particular student, authorization for full-time students to enroll in Internet-based
courses, and establishing fees or charges. No district shall be liable for payment of
any fees or charges for any Internet-based course for a student who has not complied
with the district‘s policies and procedures. Districts shall require students enrolled in
Internet-based courses to participate in the Oklahoma School Testing Program Act.
Students participating in Internet-based courses from a remote site will be responsible
for providing their own equipment and Internet access, unless the district chooses to
provide the equipment. Credit may not be granted for such courses except upon
approval of the State Board of Education and the district board of education.
The school day for kindergarten may consist of six hours devoted to school activities.
Okla. Stat. Title 70, §1-111.
Curriculum
The Oklahoma Heritage Association coordinates annual observance of "Oklahoma
Heritage Week" and includes parochial schools in its efforts. Okla. Stat. Title 25,
§90.2.
Proprietors of private and parochial schools have a duty to display the flag of the
United States of America during every school day either from a flagstaff or pole, and
in inclement weather within the school building. Okla. Stat. Title 25, §153.
State Regulation of Private Schools—Oklahoma
221
As a condition of receiving accreditation from the State Board of Education, all
students in grades nine through twelve shall enroll in a minimum of six periods, or the
equivalent in block scheduling, of rigorous academic or rigorous vocational courses
each day, which may include arts, vocal and instrumental music, speech classes, and
physical education classes. Okla. Stat. Title 70, §11-103.6H.
Private and parochial schools may be accredited and classified in like manner as
public schools or, if an accrediting association is approved by the State Board of
Education, by procedures established by the State Board of Education to accept
accreditation by such accrediting association, if application is made to the State Board
of Education for such accrediting. Okla. Stat. Title 70, §3-104 paragraph 10.
Recordkeeping/Reports
Private school principals have a duty to keep complete records of attendance for all
children enrolled at the school and to notify the attendance officer of the district of
absences and the reasons, if known. Principals have a duty to notify parents of a
student's absence unless the parent has already notified the school. Okla. Stat. Title 70
§10-106.
Administrators at private middle, junior high and high schools accredited by the State
Department of Education must notify the department of any pupil dropping out from
school. Reports must be made on a monthly basis on forms provided. Okla. Stat. Title
70, §35e.
It is a misdemeanor for any teacher to reveal information about a student obtained in
his capacity as teacher, except as required in the performance of his duties or upon
request by a parent or guardian. Okla. Stat. Title 70, §6-115.
Health and Safety Requirements
Students may not be admitted to any public, private, or parochial school operating in
this state unless and until certification is presented to the appropriate school
authorities from a licensed physician, or authorized representative of the State
Department of Health, that such child has received or is in the process of receiving,
immunizations against diphtheria, pertussis, tetanus, haemophilus influenzae type B
(HIB), measles (rubeola), (rubella), poliomyelitis, varicella, and hepatitis A or is
likely to be immune as a result of the disease. Okla. Stat. Title 70, §1210.191.
Immunization tests required, and the manner and frequency of their administration, as
prescribed by the State Board of Health, shall conform to recognized standard
medical practices in the state. The State Department of Health shall supervise and
secure the enforcement of the required immunization program. The State Department
of Education and the governing boards of the school districts of this state shall render
reasonable assistance to the State Department of Health in the enforcement of the
provisions hereof. Okla. Stat. Title 70, §1210.191.
The State Board of Health, by rule, may alter the list of immunizations required after
notice and hearing. Any change in the list of immunizations required shall be
submitted to the next regular session of the legislature and such change shall remain
in force and effect unless and until a concurrent resolution of disapproval is passed.
Hearings shall be conducted by the State Board of Health, or such officer, agents or
employees as the board may designate for that purpose. The State Board of Health
State Regulation of Private Schools—Oklahoma
222
shall give appropriate notice of the proposed change in the list of immunizations
required and of the time and place for hearing. The change shall become effective on
a date fixed by the State Board of Health. Any change in the list of immunizations
required may be amended or repealed in the same manner as provided for its
adoption. Proceedings pursuant to this subsection shall be governed by the
Administrative Procedures Act. Okla. Stat. Title 70, §1210.191.
The State Department of Education and the governing boards of the school districts of
this state shall provide for release to the Oklahoma Health Care Authority of the
immunization records of school children covered under Title XIX or Title XXI of the
federal Social Security Act who have not received the required immunizations at the
appropriate time. The information received pursuant to such release shall be
transmitted by the Oklahoma Health Care Authority to medical providers who
provide services to such children pursuant to Title XIX or Title XXI to assist in their
efforts to increase the rate of childhood immunizations pursuant to the requirements
of the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services
provisions. The provisions of this subsection shall not be construed to prohibit or
affect the eligibility of any child to receive benefits pursuant to Title XIX or Title
XXI of the Social Security Act or to require the immunization of any child if such
child is exempt from immunization pursuant to Section 1210.192 of this title shall not
be included in the information transmitted pursuant to this subsection. Okla. Stat.
Title 21, §1190.
Children afflicted with contagious disease or head lice may be prohibited from
attending private or parochial schools until they are well. A child excluded for head
lice must present certification from a health professional that he is no longer afflicted
with head lice prior to reentering school. Okla. Stat. Title 70, §1210.194.
Educational facilities serving grades K–12 may prohibit smoking, snuff, and chewing
tobacco on the school grounds. Schools may designate smoking areas only for adults
and must offer a nonsmoking area for school personnel for breaks, lunch or similar
activities. Okla. Stat. Title 63, §1-1523.
An educational facility which offers an early childhood education program or in
which children in grades kindergarten through twelve are educated shall prohibit
smoking, the use of snuff, chewing tobacco or any other form of tobacco product in
the buildings and on the grounds of the facility by all persons including, but not
limited to, full-time, part-time, and contract employees, during the hours of 7:00 a.m.
to 4:00 p.m., during the school session, or when class or any program established for
students is in session.
Career and technology centers may designate smoking areas outside of buildings,
away from general traffic areas and completely out of sight of children under eighteen
(18) years of age, for use by adults attending training courses, sessions, meetings or
seminars.
An educational facility may designate smoking areas outside the buildings for the use
of adults during certain activities or functions, including, but not limited to, athletic
contests. Okla. Stat. Title 63, §1-1523.
Local law enforcement agencies will assist nonpublic schools that wish to develop
voluntary fingerprinting programs for students to identify and locate missing children.
Okla. Stat. Title 10, §1633.
State Regulation of Private Schools—Oklahoma
223
Oklahoma criminal law provides enhanced penalties for individuals who distribute a
controlled substance within 1,000 feet of the real property of a private elementary or
secondary school. Okla. Stat. Title 63, §§2-401; 2-402.
It is a criminal offense to possess a weapon on private school property or in a vehicle
used for transportation of students or teachers unless authorized. Okla. Stat. Title 21,
§1280.1.
Hazing, i.e. an activity endangering the health or safety of a student for the purpose of
initiation into an organization operating subject to a private school, is illegal under
Oklahoma's criminal law. A copy of a private school's policy prohibiting hazing must
be given to each student enrolled. Okla. Stat. Title 21, §1190.
Transportation
There is no state policy at this time.
Textbooks
Special personnel and instructors and books and equipment paid for or purchased
with public funds cannot be furnished students in private or parochial schools unless
such students are enrolled in the public schools. AG Op. Sept. 16, 1965.
Testing
There is no state policy at this time.
Special Education
School districts may join in a written agreement with a private institution within the
district to provide special education for children with disabilities. Okla. Stat. Title 70,
§13-101.
Nursing and Health
The school shall have a written description of the health services program. The
program will function as an integral part of the total education program and provide a
program of services for all students. Services of a nurse shall be available. Staff and
patrons shall be made aware of program provisions. State Regulation 210:35-3-107.
Technology
There is no state policy at this time.
Professional Development
By statute, a principal of a private secondary school is appointed by the governor to
serve on the Oklahoma School of Science and Mathematics Board of Trustees. Okla.
Stat. Title 70, §1210.401.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
State Regulation of Private Schools—Oklahoma
224
Tax Exemption
Property used exclusively for schools or for religious purposes is exempt from
taxation. Okla. Const. Art. 10, Sec. 6.
Sales of tangible personal property or services to nonprofit private elementary and
secondary schools accredited by the State Department of Education or recognized by
the State Board of Education are exempt from Oklahoma sales tax. Tuition and
educational fees, fundraising sales, and admission tickets and concessions at athletic
events up to $75,000, are also exempt from sales tax. Okla. Stat. Title 68, §1356.
Coin-operated vending machines owned and located in a private school are exempt
from state tax. Okla. Stat. Title 68, §1503.1.
Public Aid for Private Education
Constitutional provisions: The Oklahoma Constitution prohibits the appropriation
of public money or property for the use of a sectarian institution. Okla. Const. Art. 2,
Sec. 5.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
Oklahoma does not have laws governing homeschooling. The compulsory attendance
law allows for parents or legal guardians to homeschool their children. A parent of a
school-aged child must not ―neglect or refuse to cause or compel such child to attend
and comply with the rules of some public, private or other school, unless other means
of education [i.e., homeschooling] are provided for the full term the schools of the
district are in session.‖ Okla. Stat. Title 70 §10-105(A).
Information resources
Oklahoma State Department of Education: Oklahoma‘s Homeschoolers
<http://sde.state.ok.us/Schools/HomeSchool/default.html>
Oklahoma Statute
Oklahoma Statutes, Title 70: Schools <http://www.lsb.state.ok.us/>
Oklahoma State Department of Education
2500 North Lincoln Boulevard
Oklahoma City, OK 73105-4599
Phone: 405-521-3301
Fax: 405-521-6205
Web site: http://sde.state.ok.us/
U.S. Department of Education, Oklahoma
Updated December 12, 2008
225
OREGON
Oregon's constitution prohibits state appropriations for the benefit of any
religious institution. Oreg. Const. Art. 1, Sec. 5.
Registration/Licensing/Accreditation: Private K–12 schools may, but are not required
to be, registered as a private school with the Department of Education. The application
for registration must demonstrate: 1) the teachers are qualified, but not necessarily
licensed; 2) the owner or principal and employees are qualified by education and
experience to provide instruction; 3) the facility is adequate to protect the health and
safety of the children; 4) the curriculum considers the goals of modern education and the
requirements of a sound, comprehensive curriculum with particular emphasis on the
highest practical standards and in secondary schools establishment of academic standards
necessary to attend institutions of higher education. Courses should be taught for an
equivalent period of time as required for public school students. Or. Rev. Stat. §345.525.
Registration requirements are set out in detail at Or. Admin. R. 581-45-500 through 581-
45-580. Representation by a private school that it is registered when it is not a registered
private school is a misdemeanor. Or. Rev. Stat. §345.990(2). Registration is renewable
annually on or before October 15. Or. Admin. R. 581-45-500.
Private schools offering residential programs for children must be licensed by the
Children's Services Division. The standards for licensing encompass the physical health,
care, and safety of the children. The superintendent of public instruction will advise on
the education program conducted by the residential school. No licensing fees are charged.
Or. Rev. Stat. §418.327.
Private schools must be approved for the public placement of students for special
education services. OAR 581-15-126.
Recordkeeping/Reports: Private elementary and secondary schools must transfer
student progress records within ten days when notified of the student's enrollment in
another school. Or. Rev. Stat. §326.575.
Length of School Year/Day: Students attending a private or parochial school for a
period equivalent to that required of children attending public schools are exempt from
public school attendance. Or. Rev. Stat. §339.030(1).
Instruction in English: Instruction in all subjects in private and parochial schools must
be conducted primarily in English, except instruction in foreign languages and bilingual
education for pupils whose native tongue is other than English. Or. Rev. Stat. §336.074.
Teacher Certification: Teachers at registered private schools may demonstrate their
qualifications by: 1) possessing a current teaching license; 2) teaching at least half-time
State Regulation of Private Schools—Oregon (archived chapter)
226
in the subject field in which the bachelor's degree was obtained while actively working
toward an Oregon teaching certificate; or 3) possess relevant verifiable experience
consistent with the educational goals of the school and the Department of Education. Or.
Admin. R. 581-45-530.
Curriculum: Students being taught the courses of study usually taught in grades 1
through 12 in the public schools at a private or parochial school are exempt from public
school attendance. Or. Rev. Stat. §339.030(1).
All private schools must provide courses of instruction in the Constitution and history of
the United States from grade 8 through grade 12. Or. Rev. Stat. §336.057.
Private schools may offer courses in driver instruction. State reimbursement for costs
however is provided for private school students only if they complete the course in a
public school or other facility. Or. Rev. Stat.§§343.720; 343.730.
For Fire and Earthquake Instruction, see Safety, below.
Special Education: School districts must make available special education designed to
meet the needs of resident handicapped children in private schools. Such special
education must not be provided in the private school. School districts must provide such
children with genuine opportunities for equitable participation in special education
consistent with the number of children and their needs. Or. Admin. R. 581-15-166 (1978).
Private educational agencies furnishing special education to handicapped children
pursuant to a contract with a public agency must have on file with the Oregon
Department of Education a plan approved for the special education programs. The plan
must 1) describe the population to be served and the instructional services to be provided;
2) include a staff roster indicating name, instructional qualification, and assignment of all
special education personnel employed by the private educational agency; 3) describe
facilities, equipment and materials to be furnished and utilized; 4) document compliance
with state and local health, fire and safety standards; and 4) meet additional minimum
standards set out by regulation. Or. Admin. R. 581-15-126 (1978).
Health: Oregon recognizes immunization as a parental responsibility. Prior to admission
to school, students must provide evidence of immunization as required by the Health
Division or a statement that they are being reared as an adherent to a religion opposed to
immunization. Or. Rev. Stat. §§433.240; 433.267.
Private schools may adopt more stringent requirements for measles immunization if
medical and religious exemptions are included and the requirements comply with the
United States Public Health Service Advisory Committee on Immunization Practices
recommendations. Or. Rev. Stat. §433.284.
Private schools may not permit persons under 18 to possess tobacco products while
present on school grounds unless lawfully prescribed. The school must have written
State Regulation of Private Schools—Oregon (archived chapter)
227
policies prohibiting possession and written plans to implement the policies. Or. Rev. Stat.
§339.865.
School administrators may exclude from school a child or employee suspected to be
exposed to a "restrictable disease" as defined by the Health Division. Or. Rev. Stat.
§§433.235; 433.260.
Safety: Private and parochial schools having an average daily attendance of 50 or more
must provide instruction in exiting the building in an emergency and seeking shelter in
case of an earthquake. Drills must be held at least once a month. Exit doors must be
maintained so they can open from the inside without a key during school hours. Children
in grades 1 through 8 must be instructed in fire and earthquake dangers and drills for 30
minutes in each school month. Or. Rev. Stat. §336.072.
Any private official school employee having reasonable cause to believe that a person
with whom the official comes in contact in an official capacity has suffered abuse or has
abused a child shall make a report immediately to the Children's Services Division or to a
law enforcement agency within the county. Or. Rev. Stat. §§418.740, 750, 755.
All painting or finish applied to interior combustible surfaces except floors and trim of
private school buildings, must be of a fire-retardant material meeting flame spread
regulations established by the State Fire Marshall. Or. Rev. Stat. §479.140.
It is illegal in Oregon to operate a methadone clinic within 1,000 feet of the real property
of a private elementary, vocational, or secondary school. Or. Rev. Stat. §430.590.
Unless authorized by law, it is illegal to manufacture or deliver controlled substances
within 1,000 feet of the real property of a private elementary, vocational, or secondary
school attended by minors. Or. Rev. Stat. §475.999.
Oregon assists and regulates traffic patrols appointed by private or parochial schools to
protect pupils crossing highways on their way to school. Members must be 18 or older or
have parental consent, display a "traffic patrol badge", and may display a directional sign
or signal. Or. Rev. Stat. §§336.450; 470.480.
It is a criminal offense to possess a firearm in a private school building with some
exceptions Or. Rev. Stat. §§166.360; 166.370.
Private or parochial schools through secondary level with a capacity greater than 250
individuals are subject to additional building code regulations for structures vulnerable to
earthquakes. Or. Rev. Stat. §455.447.
Transportation: All children attending private or parochial schools under the
compulsory school attendance laws are entitled to transportation along or near the
designated routes when the district provides transportation for public school students. Or.
Rev. Stat. §332.415.
State Regulation of Private Schools—Oregon (archived chapter)
228
Public Aid for Private Schools/Private School Students: Oregon's Constitution
prohibits any state approval for the benefit of any religious institution. Ore. Const. Art. 1,
Sec. 5.
An early free textbook statute was struck down based on this provision in 1961. Dickman
v. School District 62C, 366 P.2d 533, cert. denied, Carlson v. Dickman, 371 U.S. 823
(1962).
Miscellaneous: Church-operated parochial schools are exempt from unemployment
compensation taxes. Emp. Div. v. Archdiocese of Portland, 600 P.2d. 926 (1979), but see,
Salem College & Academy, Inc. v. Employment Division, 695 P.2d 25 (1985).
By statute, Oregon has a Private Elementary and Secondary School Advisory Committee
to advise the State Board of Education on minimum criteria for private schools and
private school registration. Six members are selected by the State Board from nominees
of private school organizations and one member is a lay person not associated with
private schools. Or. Rev. Stat. §345.575.
Representatives of private and parochial schools serve on the Health Division Advisory
Committee to advise on regulations to promote disease control in schools. Or. Rev. Stat.
§433.245
1993—Archived Chapter9
Oregon Department of Education
255 Capitol Street, NE
Salem, OR 97310-0203
Phone: -503-947-5600
Fax: 503-378-5156
TTY: 503-378-2892
Website: http://www.ode.state.or.us/
9 This chapter on Oregon is from the (archived) 2000 edition of the report on State Regulation of Private
Schools and was last updated in 1993. It will be replaced with a revised chapter upon completion of review
and approval of the updated chapter by Oregon state officials.
229
PENNSYLVANIA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Private academic schools may choose to become accredited rather that
licensed. Schools accredited by accrediting associations approved by the
State Board of Education do not need to be licensed. 24 P.S. §6705.
Only an accrediting organization approved by the Pennsylvania State Board of
Education will be approved to grant accreditation to the schools. An approved
accrediting organization annually should make a report to the Department that
includes a summary of its accreditation activity, including a listing of schools
that have been accredited, the fees collected, its visitation schedule, and other
information that the Department might deem appropriate. Accrediting
organizations should make an immediate, one-time report to the Department
regarding each educational institution that has gained or lost accreditation.
Registration is mandatory.
Registration only applies to religious schools.
Pennsylvania's compulsory school attendance law requires K–12 schools that
are owned or operated by or under the authority of bona fide religious
institutions to register with the Department of Education by filing a notarized
certification or affidavit of the principal. The notarized document states that
subjects prescribed by the school code will be taught or offered in the English
language for the amount of time specified, the governing religious body is a
nonprofit organization, and that the school is otherwise in compliance with the
provisions of the Pennsylvania School Code. 24 P.S. §13-1327(b).
There is no accreditation or licensing requirement for religious schools. Non-
religious, private schools (K–12) must be either licensed or accredited.
Licensing is mandatory.
Pennsylvania mandates licensing for K–12 private academic schools, except
schools owned or operated by or under the authority of bona fide religious
institutions, schools that are owned by colleges or universities, schools for the
blind or deaf receiving commonwealth appropriations, or schools accredited
by accrediting associations approved by the State Board of Education.
All exempted private schools may voluntarily choose to be licensed.
The licensing requirements, enforced by the State Board of Private Academic
Schools, govern health and safety, teaching and administrative staff, courses
of study and instructional equipment, student attendance, records, fees,
transportation, advertising, conditions of the premises, procedures for school
closings, and financial responsibility. 24 P.S. §6701 et seq; 22 Pa. Code
Chapter 51.
Private schools are prohibited from discriminating in enrollment based on race
or color. 24 Pa. Cons. Stat. § 15-1521.
No requirements for Approval.
State Regulation of Private Schools—Pennsylvania
230
Teacher Certification
Only teachers holding a valid Pennsylvania professional certificate issued under
Chapter 49 (relating to certification of professional personnel) of the State Board of
Education Regulation, a private academic teaching certificate or a private academic
temporary approval certificate may teach in a licensed private academic school. The
commonwealth is not empowered to approve the faculty or staff of any registered,
nonlicensed, religious schools. 22 Pa. Code §51.34.; 24 P.S. §13-1327(b).
Length of School Year/Days
Instructional time for a child enrolled in a day school operated by a religious body
must be a minimum of 180 days or 900 hours at the elementary level, or 990 hours at
the secondary level. 24 P.S. 13-1327(b).
Licensed K–12 private academic schools must be in session a minimum of 180 days
of instruction or the equivalent clock hour requirement with prior approval of the
State Board of Private Academic Schools. Upon Request, the Board may approve a
school year containing a minimum of 990 secondary or 900 elementary and 450
kindergarten hours of instruction as the equivalent of 180 days, when a meritorious
educational program warrants. 22 Pa. Code §51.61.
Curriculum
Courses at an elementary day school operated by a religious body must be taught in:
English, including spelling, reading, and writing; arithmetic; science; geography;
history of the United States and Pennsylvania; civics; safety education, including
regular and continuous instruction in the dangers and prevention of fires; health and
physiology; physical education; music; and art. A principal's notarized affidavit filed
with the Department of Education stating these subjects are offered in the English
language, by a nonprofit school, and in compliance with the law, is sufficient
evidence of compliance with this provision. Nothing in this provision empowers the
commonwealth and its officers to approve the course content, faculty, staff or
disciplinary requirements of any nonpublic religious school without its consent. 24
P.S. §13-1327(b).
Courses at a secondary day school operated by a religious body must be offered in:
English, including language, literature, speech and composition; science, including
biology and chemistry; geography; social studies, including civics, economics, world
history, history of the United States and Pennsylvania; a foreign language;
mathematics, including general mathematics and statistics, algebra and geometry; art;
music; physical education; health and physiology; and safety education, including
regular and continuous instruction in the dangers and prevention of fires. A principal's
notarized affidavit filed with the Department of Education stating these subjects are
offered in the English language, by a nonprofit school, and in compliance with the
law, is sufficient evidence of compliance with this provision. Nothing in this
provision empowers the commonwealth and its officers to approve the course content,
faculty, staff or disciplinary requirements of any nonpublic religious school without
its consent. 24 P.S .§13-1327(b).
State Regulation of Private Schools—Pennsylvania
231
Private elementary schools are required to teach the following subjects: English,
including spelling, reading and writing; arithmetic; geography; the history of the
United States and of Pennsylvania; science; civics, including loyalty to the state and
national government; safety education, and the humane treatment of birds and
animals; health, including physical education and physiology; music and art. 24 P.S.
§15-1511.
Private high schools must provide during grades 7–12 four semesters in the history
and government of the United States and Pennsylvania to develop an appreciation for
the American republican representative form of government, the benefits of the
American way of life, and the individual's duty to exercise the right to vote. 24 P.S.
§16-1605.
A child enrolled in a day or boarding school accredited by an accrediting association
approved by the State Board of Education is considered to have met the compulsory
attendance requirement. 24 P.S. §13-1327(c).
K–12 nonpublic and private school students have a right to refuse to dissect, vivisect,
incubate, capture or otherwise harm or destroy animals. School administrators have a
duty to notify parents and pupils of their rights three weeks prior to a scheduled
exercise. Students who choose to opt out of the exercise must be offered an
alternative education project. 24 P.S. §15-1523.
Instruction in the private schools must be in English and from English texts unless a
foreign language is permitted by the secretary of education as a part of a foreign
language study or bilingual education program. 24 P.S. §15-1511.
Nonpublic schools may access educational materials on the nature and effects of
drugs, alcohol, tobacco and dangerous controlled substances through the intermediate
units. Nonpublic school employees may also attend the in-service training programs
made available by the Department of Education on these topics and provided by the
intermediate units. 24 P.S. §15-1547.
The Pennsylvania legislature intended that nonpublic school students benefit from
drug and alcohol abuse programs piloted by the state. 24 P.S. §5311 et seq.
Private schools must display the United States flag, not less than three feet in length,
in all school buildings during each day that schools are in session. In addition, the
schools must provide instruction to develop allegiance to the flag and to promote a
clear understanding of the American way of life. 24 P.S. §7-771.
Private schools may join the Pennsylvania Interscholastic Athletic Association for
athletic competition. 24 P.S. §5-511(b.1).
Private and parochial school organizations that promote extracurricular activities may
sponsor small games of chance for the purpose of raising funds for public interest
purposes. The organizations must be recognized by the governing body of the private
or parochial school. The games are strictly regulated by the state. 10 P.S. §312 et seq.
Parochial, private and nonpublic schools have the option of providing armed forces
recruiters a list of prospective graduating seniors for recruitment purposes. Costs
incurred by a nonpublic school are reimbursed by the armed forces recruiters. 51 P.S.
§20221 et seq.
State Regulation of Private Schools—Pennsylvania
232
Recordkeeping/Reports
Private schools have an obligation to furnish district superintendents a list of the
names and residences of all resident children between 6 and 18 enrolled in the school,
to report the name and date of any pupil withdrawing, and the name of any child
absent three days or the equivalent without lawful excuse. 24 P.S. §13-1332.
School administrators failing to comply with the reporting requirements may be fined.
24 P.S. §13-1355.
Student health records maintained by private schools are confidential and may be
released only when necessary for the health of the child or at the request of the parent
or guardian. Records must be transferred upon request when a student relocates to
another school. Private schools must not destroy a student's health record for two
years after the child's withdrawal, but may give them to the child's parent or guardian
if the child does not reenroll in another Pennsylvania school. 24 P.S. §14-1409.
Private school guidance counselors, nurses, psychologists or clerical workers working
for a guidance counselor, will not be compelled to disclose information during any
legal proceeding or investigation that was obtained from a student without the
student's consent if over 18 or without the parent's consent if the student is under 18.
However, no such person shall be excused or prevented from complying with the
Child Protective Services Law. 42 P.S. §5945.
Health and Safety Requirements
As directed by the secretary of health, private and parochial school administrators
have a duty to ensure that every student, prior to admission to school, is immunized
against diseases or parents have filed a request for exemption for religious or medical
reasons. Certificates of immunization or exemption must be issued in accordance with
regulations promulgated by the Secretary of Health. 24 Pa. Cons. Stat. §13-1303a.
The State Advisory Health Board regulates the prevention and control of disease in
private schools. 35 P.S. §521.2.
Local county or city health officers are charged with notifying public, parochial and
other school teachers and administrators of the need to exclude children who are
suffering from, or residing with persons suffering from communicable diseases and to
make sanitary inspections. 16 Pa. Cons. Stat. 2190; 53 Pa. Cons. Stat. 37306.
Nonpublic school employees acting in good faith in the scope of their official duty are
immune from civil liability for negligent statements, acts or omissions made relating
to student drug or alcohol abuse. 42 P.S. §8337.
Administrators of private schools have a duty to provide instruction and training in
the proper procedures to exit school buildings in an emergency without confusion or
panic. Drills must be conducted at least once a month when the schools are in session.
All schools are required to provide some regular instruction in the dangers of fire and
the prevention of fire waste during the school year. 24 P.S. §15-1518.
Private school administrators must require applicants for positions with direct contact
with children to produce with their applications a criminal history report from the
Pennsylvania State Police and a clearance statement resulting from a background
check for employment conducted by the Department of Public Welfare within the
immediately preceding year. Persons not receiving a clearance statement are
ineligible for employment. 23 Pa. Cons. Stat. §6355.
State Regulation of Private Schools—Pennsylvania
233
Persons convicted within five years of certain crimes specified by statute are
ineligible for employment with some exceptions. 24 P.S. §1-111.
A school employee who has reasonable cause to suspect, on the basis of professional
or other training and experience, that a student coming before the employee in the
employee's professional or official capacity is a victim of serious bodily injury or
sexual abuse or sexual exploitation by a school employee shall make a report to law
enforcement officials and the district attorney. 23 P.S. §6352.
School administrators may use the resources of the Office for Safe Schools
established by the Department of Education through legislation designed to combat
school violence. 24 P.S. §1302A.
School administrators shall maintain updated records of all incidents of violence,
incidents involving possession of a weapon and convictions or adjudications of
delinquency for acts committed on school property by students enrolled therein. A
statistical summary of these records shall be made accessible to the public for
examination by the public during regular business hours. 24 P.S. §1307A.
Upon adjudication, a delinquent child's building principal and teacher is notified of
specific circumstances for the limited purposes of protecting school personnel and
students from danger from the child and of arranging appropriate counseling and
education for the child. Information provided to and maintained by the principal is
maintained separately from the official school record. 42 P.S. §6341.
It is a misdemeanor to carry a weapon, i.e. an instrument capable of inflicting serious
bodily injury, e.g. a knife, cutting instrument, cutting tool, nunchaku sticks, firearm,
shotgun, or rifle, on the grounds or in transport to a licensed elementary or secondary
private school or parochial school. 18 P.S. §912.
An attempt to intentionally cause bodily injury to a teaching staff member, school
board member, employee or student of any licensed elementary or secondary private
school or parochial school while the person is acting within the scope of his or her
employment is an aggravated assault and a felony of the second degree. 18 P.S.
§2702.
The sale of a controlled substance to a minor within 1,000 feet of a private or
parochial school brings an additional minimum sentence of at least two years
confinement. 18 P.S. §6314.
Fire extinguishers containing carbon tetrachloride are illegal when used in private or
parochial school buildings or buses used to transport school children. School
administrators permitting their use are guilty of a summary offense. 18 P.S. §7304.
Industrial quality eye protective devices are required for teachers, students, and
visitors at private schools when engaged in dangerous activities, e.g. the use of hot
liquids, solids or gases; milling, sawing, turning, or grinding of solid materials; and
repairing or servicing vehicles. 24 P.S. §5301.
Permits for new municipal waste landfills, commercial residual waste treatment
facilities or resource recovery facilities will not be issued for property located within
300 yards of a building owned by a parochial school and used for instructional
purposes. 53 P.S. §4000.511.
No street may be laid out and opened through any grounds occupied by a building
used as a parochial school or educational institution unless the owner consents. 53
P.S. §§57006.
State Regulation of Private Schools—Pennsylvania
234
No property used for a parochial school or educational institution can be taken by a
township for the purpose of extending the system of water distribution or to erect
public buildings. 53 P.S. §§57703; 57803.
Transportation
Local school boards that provide transportation for public school students to school
must provide identical transportation services for nonpublic school students enrolled
in nonprofit schools within the district boundaries or outside the district boundaries at
a distance not exceeding ten miles by the nearest public highway. Transportation
must be provided when the nonpublic school is in session as determined by the
directors of the nonpublic school. Local school districts transporting nonpublic
students receive per capita subsidy from the commonwealth. 24 P.S. §13-1361, 21-
2114, 25-2509.3.
School vehicles owned by or under contract with a parochial or private school that are
used for the transportation of students must conform with Department of
Transportation standards governing design, construction, equipment and operation. 75
P.S. §4551.
School bus drivers must complete basic and refresher training courses with the costs
borne by the school district or private or parochial school for which the drivers
operate. 75 P.S. §1509(C).
Private schools must ensure that every student is familiar with school bus emergency
procedures and equipment and safe loading and unloading operations. The school
must conduct a minimum of two emergency evacuation drills each year. 75 P.S. §
4552.
Motor vehicles bearing school bus or school vehicle registration plates must be used
exclusively for the transportation of children and their chaperons to the private,
parochial, Sunday school or related activity. The school adopts regulations governing
the number of chaperones necessary. When the school bus is being used for other
purposes, the words "school bus" on the front and rear should be concealed and the
red and amber visual signals not operated. 75 P.S. §1343.
Textbooks
Under Pennsylvania law, the secretary of education has a duty to loan textbooks and
instructional materials at no cost to children enrolled in K–12 nonpublic schools. The
Secretary is not required to spend an amount in excess of $20 for textbooks and $10
for instructional materials per student. 24 P.S. §9-973.
Testing
There is no state policy in Pennsylvania that requires or provides testing for
nonpublic schools students. Nonpublic and private school may elect to participate in
the use of the state testing used in public schools.
Special Education
Pennsylvania enrolls exceptional children in approved private schools when there is
no public school special education program that meets the student's needs. An
exceptional child is defined as "blind or deaf, or has cerebral palsy and/or
State Regulation of Private Schools—Pennsylvania
235
neurological impairment and/or muscular dystrophy and/or is mentally retarded
and/or has a serious emotional disturbance and/or has autism/pervasive
developmental disorder." Costs are shared between the local school district and the
Department of Education. 24 P.S. §13-1376. When requested, these schools must
provide for administrative purposes, the names, ages, and residences of all pupils
enrolled, specifying the school districts liable for part of the tuition and maintenance
and the per capita cost of and maintenance of pupils to the Department of Education.
24 P.S. §13-1377.
All Pennsylvania private and nonpublic schools may offer special education
programs. Such programs do not come under federal or state special education due
process procedures.
Nursing and Health
Private school students are entitled to auxiliary services through the intermediate unit
on an equal basis with public school students of the school district within which the
nonpublic school is located. Auxiliary services include but are not limited to:
guidance counseling and testing services, psychological services, visual services,
services for exceptional children, remedial services, speech and hearing services, and
services for the improvement of the educationally disadvantaged. 24 P.S. §9-972.1.
The Pennsylvania General Assembly has determined that speech and hearing
correctional services are health services. The secretary of education has a duty to
furnish these services free to nonpublic school students on the grounds of the school,
provided that the services are also afforded to public school students of the school
district wherein the private school is located. 24 P.S. §9-971A.
The General Assembly has determined diagnostic and evaluative psychological
services and visual services are health services that must be afforded to nonpublic
school students on the premises of the nonpublic school, provided that the services
are also afforded to public school students of the school district wherein the private
school is located. 24 P.S. §9-973.1, 2.
Technology
Legislation authorizes the Department of Education, through the intermediate units, to
purchase technology items including computer hardware, software, connectivity and
related materials to loan to Pennsylvania nonpublic students enrolled in grades K–12.
24 P.S. §1505-A.
Professional development opportunities for teachers can also be provided through the
intermediate units to ensure teachers can use the technology within the curriculum. 24
P.S. §1505-A.
Professional Development
There is no state policy at this time.
Reimbursement for performing state/local functions
There is no state policy at this time.
State Regulation of Private Schools—Pennsylvania
236
Tax Exemption
No information available.
Public Aid for Private Education
Constitutional Provisions: The Pennsylvania Constitution prohibits any
appropriation of money raised for the public schools to a sectarian school.
Pennsylvania Constitution Art. 3, Sec. 15.
Appropriations to educational institutions not under the absolute control of the
Commonwealth, other than teacher training schools, are prohibited unless passed by
two-thirds of all the members elected to each House. Pennsylvania Constitution Art.
3, Sec. 30.
Programs for financial assistance for attendance at private schools: Educational
Improvement Tax Credit was implemented in 2001 and allows corporations to receive
Pennsylvania tax credits for charitable contributions to scholarship organizations
(SOs) or to educational improvement organizations (EIOs). SOs provide scholarships
for attendance at a private school or at a public school outside a student‘s district of
residence; EIOs provide grants to public schools for innovative educational programs.
SOs award scholarships according to a household income limit of $50,000 plus an
allowance of $10,000 for each dependent member. The amount of credit is equal to
75 percent of the amount contributed and may not exceed $300,000 in any year. Tax
credits are awarded to corporations on a first-come, first-served basis.
Homeschooling
A home education program is not considered a nonpublic school in Pennsylvania. The
parent or guardian or such person having legal custody of the child or children, who
has a high school diploma or its equivalent, is designated as the "supervisor" and is
responsible for the provision of instruction. A notarized affidavit must be filed at the
commencement of the home education program and each August 1 thereafter with the
superintendent of the school district of residence. The affidavit must contain the name
of the supervisor; the name and age of each child participating in the home education
program; the address and telephone number of the home education site; a statement
that such subjects as are required by law are offered in the English language,
including an outline of proposed education objectives by subject area, evidence that
each child has been immunized and received the health and medical services required
for his or her age or grade, and a certification that the supervisor and all adults living
in the home and persons having legal custody of the child or children have not been
convicted of certain criminal offenses related to children. 24 P.S. §13-1327.1
The supervisor of the home education program shall maintain a portfolio of records
and materials, including a log of time spent, title of reading materials and samples of
writings, worksheets, workbooks or creative materials used or developed by the child
and results of standardized tests in grades 3, 5, and 8 with an evaluation of the
student's education progress by a licensed clinical or school psychologist or a
certified teacher with two years experience or a nonpublic school teacher or
administrator with two years experience in the last 10 and provide it to the
superintendent annually by June 30 or as requested in writing.
State Regulation of Private Schools—Pennsylvania
237
The school district of residence shall, at the request of the supervisor, lend to the
home education program copies of the school district's planned courses, textbooks,
and other curricular materials appropriate to the student's age and grade level. 24 P.S.
§13-1327.1
A home education program for a child who has been identified under the Education of
the Handicapped Act (now IDEA) as needing special education services (not gifted)
must be a program which addresses the child's specific needs and written approval of
the program be received from a certified special education teacher or licensed clinical
or certified school psychologist and submitted by the supervisor with the affidavit
prior to beginning the home education program and annually thereafter.
Information resources
Pennsylvania Department of Education: Division of Nonpublic School and Private
School Services <http://www.pde.state.pa.us/non%5Fpublic/site/default.asp>
Pennsylvania Department of Education: Home Education and Private Tutoring
<http://www.pde.state.pa.us/home%5Feducation/site/default.asp>
Pennsylvania Code <http://www.pacode.com/>
Pennsylvania General Assembly <http://www.legis.state.pa.us/>
Link under Law Information directs users to the Pennsylvania Statutes
Pennsylvania Department of Education
333 Market Street
Harrisburg, PA 17126-0333
Phone: 717-787-5820
Fax: 717-787-7222
Web site: http://www.pde.state.pa.us/
U.S. Department of Education, Pennsylvania
Updated March 6, 2009
238
PUERTO RICO
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Accredited elementary and secondary private schools must meet public
education minimum requirements for academic work, administrative
procedures, and physical plant and school equipment facilities. P.R. Laws
Ann. Title 18, §57.
Accredited private schools may serve as practice centers for students serving
internships prior to certification P.R. Laws Ann. Title 18, §§471, 472.
No requirements for Registration.
Licensing is mandatory.
Under the Organic Act of the Department of Education of 1990, the General
Council of Education has the power to issue licenses and authorize the
establishment and operation of elementary and secondary educational
institutions and to accredit public and private schools. Accreditation by the
General Council on Education is optional for private schools. 1990 P.R. Laws
68 §5, 6.
Licensing standards include the following minimum requirements: 1) a permit
for use of the physical plant; 2) faculty with the necessary educational
preparation and experience; 3) facilities, equipment, library and laboratory
services in the proportion compatible with the objectives and nature of the
institution; 4) an educational plan and the ways and means to implement it; 5)
permits to protect the health and safety of the students; 6) an economic
viability study; 7) a copy of the institutional regulations regarding academic
matters, student affairs, administrative and fiscal matters; and, 8) address
information for the institution, board of directors and chief officials.
Licensing is compulsory for all private educational institutions at the
elementary and secondary levels. Minimum requirements for licensing
include: 1) teacher certification or provisional certification issued by the
secretary; 2) facilities, equipment, library and laboratory services compatible
with the school's objectives; 3) an educational plan and the means to
implement the plan; and, 4) an economic viability study that shows the
institution can reasonably comply with its commitments. Licenses must be
renewed every four years. Schools submitting evidence of accreditation will
have their licenses automatically renewed. P.R. Laws Ann. Title 18, §§2111,
2113, 2119, 2120.
No requirements for Approval.
Teacher Certification
Teachers in accredited private schools must hold a current teacher's certificate
appertaining to their position. P.R. Laws Ann. Title 18, §266.
State Regulation of Private Schools—Puerto Rico
239
Teachers in licensed private schools must hold a current teacher's certificate or obtain
a provisional certificate from the secretary of education. Provisional certificates may
be issued if the school shows the faculty member has the necessary academic degree
or proper professional experience compatible with the practice and standards
prevailing in the academic community, or holds a master's degree or Ph.D. in the
academic field. P.R. Laws Ann. Title 18, §2113(b).
Private school teachers and support staff, including parochial school teachers and
support staff, are protected by Puerto Rico's minimum wage provision. P.R. Laws
Ann. Title 29, §245; Luis Cardenal Aponte Martinez, et al v. Miguel Guardiola and
Ferdinand Ferrer, et al., 628 F. Supp. 1173 (D.C.P.R. 1985).
Length of School Year/Days
Puerto Rico's compulsory school attendance law requires private school students to
regularly attend school during the period of each year the public schools are in
session, on the customary days and during the regular hours of the school term. P.R.
Laws Ann. Title 29, §450.
Curriculum
Accredited elementary and secondary private schools must meet public education
minimum requirements for academic work. P.R. Laws Ann. Title 18, §57.
Recordkeeping/Reports
The principal or teacher of a private school must report the names of students under
16 who are absent for a week of school for employment purposes to the secretary of
labor and human resources. P.R. Laws Ann. Title 29, §452.
The General Council on Education may waive the responsibility to keep minors under
18 in school if parents present proof that their children are currently employed or
studying in a recognized educational institution. P.R. Laws Ann. Title 3, §397f(19).
An attempt to inspect a Catholic school's internal records by the Puerto Rico
Department of Consumer Affairs was found unconstitutional. In an effort to restrain
inflationary trends and establish price controls, the Department sought to review
annual budgets, sources of finances, costs of transportation, etc. The First Circuit
declared the practice an impermissible burden on the free exercise of religion and
threat of entanglement between the affairs of church and state. Bishop Ricardo
Surinach etc., et al., v. Carmen T. Pesquera de Busquets, 604 F.2d 73 (1st. Cir. 1979).
The secretary of the treasury is authorized to distribute copies of existing consumer
protection legislation and regulations, free of charge, to private schools. P.R. Laws
Ann. Title 3, §341e.
Use of a loudspeaker near a private school during school hours in a manner that
disturbs the normal functioning of the school is a misdemeanor. P.R. Laws Ann. Title
18, §128.
Health and Safety Requirements
Students are required to have the proper immunizations in order to be admitted or
enrolled in school. P.R. Laws Ann. Title 24, §182 et seq.
State Regulation of Private Schools—Puerto Rico
240
Any person who knowingly and intentionally distributes or possesses a controlled
substance in a private school or in its surroundings is guilty of a felony and will be
punished twice the penalties for a first offense, and three times the penalties for
subsequent offenses. P.R. Laws Ann. Title 24, §2411a.
The secretary of the treasury may deny a license to sell alcoholic beverages at retail
from premises less than 25 meters from a private school. P.R. Laws Ann. Title 13,
§6080.
Establishments providing access to coin- or token-operated electronic games, pinball
machines, or lotteries may not be located within 200 meters from a private school.
P.R. Laws Ann. Title 15, §§701; 809.
Any person who enters the building or grounds of an elementary, junior or senior
high school without permission of the director or person in charge, his substitute, or
official or employee of a higher rank, or who remains within said institution after
being ordered to leave, shall incur in a misdemeanor. P.R. Laws Ann. Title 33,
§§2091.
Transportation
The Commission of Public Services is the government entity responsible for issuing
the licenses and establishing the regulations that govern the private companies that
provide transportation to public and nonpublic school students. Law Núm. 109 of
June 28, 1962.
Textbooks
Puerto Rico law does not allow nonpublic students access to textbooks purchased
with public funds. Puerto Rico Constitution Art. II, §5; P.R. Laws Ann. Title 18, §3.
Testing
Puerto Rico does not require assessment of students attending nonpublic schools.
Most nonpublic schools test their students at year-end because it is require for their
accreditation. 1990 P.R. Laws 68 §5, 6.
Special Education
Special education falls under the Department of Education of Puerto Rico, 1996 P.R.
Laws 51 from June 7, 1996, as amended.
Nursing and Health
Puerto Rico has no policy at this time.
Technology
Puerto Rico has no policy at this time.
Professional Development
Puerto Rico has no policy at this time.
Reimbursement for Performing State/Local Functions
Puerto Rico has no policy at this time.
State Regulation of Private Schools—Puerto Rico
241
Tax Exemption
Nonprofit private schools are exempted from paying the sales tax. Law Núm. 120 of
Oct 31, 1994 and its amendments.
Public Aid for Private Education
Constitutional provisions: Puerto Rico's Constitution prohibits the appropriation of
public funds for schools other than commonwealth schools; but, the Constitution
expressly provides that this mandate does not prevent the Commonwealth from
extending noneducational services for the protection or welfare of children. Puerto
Rico Constitution Art. II, §5; P.R. Laws Ann. Title 18, §3.
Puerto Rico statutory law ensures that no person can be required to support any
ministry, religious sect or denomination against his consent. P.R. Laws Ann. Title 1,
§9.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
There is no legislation in Puerto Rico regarding homeschooling.
Information resources
Puerto Rico Department of Education
<http://de.gobierno.pr/dePortal/Inicio/Inicio.aspx>
Puerto Rico Department of Education
P.O. Box 190759
San Juan, PR 00919-0759
Phone: 787-773-5800
Fax: 787-250-0275
E-mail: webmaster@ogp.gobierno.pr
U.S. Department of Education, Puerto Rico
Updated December 11, 2008
242
RHODE ISLAND
Accreditation/Registration/Licensing/Approval
No requirement for Accreditation.
Registration is mandatory.
Registration for a directory is required for all private schools. The directory
must show: location, name, director or principal of school, grade span,
enrollment, and school approval status. RIGL 16-40-11.
No requirement for Licensing.
Approval is mandatory.
Approval by the Rhode Island Department of Elementary and Secondary
Education is required for private schools. RIGL 16-19-2.
The Rhode Island Department of Elementary and Secondary Education
approves private schools that comply with requirements for curriculum,
teacher quality, and attendance to the length of school year and instructional
time, student health and safety, record keeping, and compliance with state and
municipal school site regulations. The commissioner of elementary and
secondary education will grant a hearing to private schools that are denied
approval. On appeal, the decision of the Board of Regents is final. RIGL 16-
19-2, 16-22-1 et.seq., 16-60-4(10).
Teacher Certification
Certification is not required, but all teachers in nonpublic schools must have a
bachelor‘s degree, a criminal records check, and demonstrated competency in the
content area or grade levels they teach. Teachers are expected maintain and develop
up to date competencies with appropriate professional development. RIGL 16-2-18.1,
16-19-2; Regents Regulations L-6-4.4.
Length of School Year/Days
The period of attendance for private schools must be substantially equal to that
required in public schools. The period of attendance, calculated from an approved
school calendar and the hours of core instruction must be substantially equal to that
required in public schools. Five and one half hours per day, totaling 180 days or the
equivalent is required for approval. RIGL 16-19-2; Regents Regulations L-6-4.4.
Curriculum
A full curriculum for all grades and subjects must be submitted and be substantially
equivalent to that taught in the public schools. Instruction must be provided in
reading, writing, geography or social studies, mathematics, and science, the history of
the United States and Rhode Island, civic education, and the principles of American
government. These subjects must be taught in the English language substantially to
the same extent as required in the public schools. Instruction in the principles of
popular and representative government under the Rhode Island and United States
State Regulation of Private Schools—Rhode Island
243
Constitutions must be provided as well as instruction in health and physical education
similar to that required in public schools. RIGL 16-19-2, 16-22-2, 16-22-4.
Each school shall have a carefully planned program of study and activities consistent
with its policy and objectives, which shall be approved by the commissioner of
education. RIGL 16-19-2.
Recordkeeping/Reports
Private school teachers must keep a register of the names of all students, their sex and
age, names of parents or guardians, the time when each student enters and leaves the
school, and their daily attendance. Private schools are obligated to prepare reports
required by the school committee or Department of Elementary and Secondary
Education. RIGL 16-12-4.
Whenever a K–9 pupil fails to report to school and no indication has been received by
the private school that the pupil's parent or guardian is aware of the pupil's absence,
the school must make a reasonable effort to notify the parents of the child's absence.
School personnel or volunteers organized for this purpose are immune from any civil
or criminal liability in connection with the notice to parents. RIGL 16-19-10.
Private schools that provide multiple kindergarten sessions must make every effort to
give written notice to parents which session their child has been placed 30 days
before the start of the school year. RIGL 16-2-28.2.
Health and Safety Requirements
Students entering private schools must furnish evidence of immunization as
prescribed by regulation of the Director of Health and the commissioner of
elementary and secondary education, or a certificate from a licensed physician stating
the student is not a fit subject for immunization for medical reasons or a certificate
signed by the parent or guardian stating that immunization is contrary to their beliefs.
RIGL 16-38-2.
Private schools must comply with building code standards established by the state
building code standards committee. By August 1 of each year, the local fire chief,
local building inspector, the director of the State Department of Health and the
director of the State Labor Department must determine and notify the private schools
as to whether the schools conform to state law and regulation. Private school officials
must ensure that schools are not opened until notification is received; neglect is a
misdemeanor punishable by a fine not exceeding $500. RIGL 16-21-3, 3.1.
Private schools must instruct and train the pupils by means of drills to leave school
buildings or be locked down in an emergency in the shortest possible time and
without confusion or panic. Fifteen drills are required annually, at least eight held
during September, October, and November. At least four drills must be obstructed,
i.e. at least one or more exits and stairways blocked; two of the obstructed drills must
be held during September and October and four drills must exercise lockdown or
emergency procedures. Neglect by a private school to comply is a misdemeanor
punishable by a fine not exceeding $500. RIGL 16-21-4
Private schools must provide students, teachers, and visitors, approved eye protective
devices for specified vocational or industrial arts classes and chemical laboratory
State Regulation of Private Schools—Rhode Island
244
classes. Students and teachers are required to wear protective devices at all times
while participating in the courses. RIGL 16-21-15.
Retail licenses to sell alcoholic beverages are restricted in areas within 200 feet of any
private or parochial K–12 school. RIGL 3-7-19.
Willful disturbance of a private school is a criminal offense punishable by
imprisonment not exceeding one year or a fine not exceeding $500. RIGL 11-11-1.
It is a criminal offense to willfully trespass on private school property after being
suspended from attendance or forbidden by a police officer, guard or school official,
punishable by incremental fines for repeated offenses. RIGL 11-44-26.1.
Possession of a firearm on private school grounds, except for educational purposes, is
a criminal offense punishable by imprisonment for not less than one year nor more
than five years, or a fine not less than $500 nor more than $5,000. RIGL 1-47-60.
Transportation
Rhode Island is divided into five regional transportation areas. Districts must provide
transportation for private school students within the district and within the region if
no other similar school operates within the district. School committees must provide
transportation to and from school for elementary and high school pupils attending
private schools if the pupil resides so far from the school as to make the pupil's
attendance impractical, or if a student's physical disability or infirmity would make
attendance impracticable. Private schools operated for profit are not eligible. RIGL
16-21-1, 1-1, 1-2.
Textbooks
Rhode Island loans textbooks free of charge to all pupils of elementary and secondary
schools including private schools. Local school districts must loan textbooks in
reading and language arts, history and social studies, science, math, and modern
foreign languages, as well as texts for some other subject areas. However, the only
books that can be loaned are books being used in the public schools of Rhode Island
as published on a state approved textbook list. Other instructional materials will have
to be purchased. RIGL 16-23-2.
Testing
Private school students‘ participation in state testing is voluntary. RIGL 16-22-9.
Special Education
Notwithstanding any other federal or state law or regulation, the school committee
where a parentally placed child who has or develops a disability in private school
resides, shall provide the child with the same free and appropriate education as it
provides to children in public schools. These children shall have the same rights and
remedies in the regulations of the board of regents for elementary and secondary
education governing the education of children with disabilities as children in public
school relative to initially determining eligibility, implementation or any other rights
and remedies relative to any special education services the child may be eligible or
receive from the public school district. RIGL 16-24-1.
State Regulation of Private Schools—Rhode Island
245
Nursing and Health
Private schools are required to have a comprehensive health and physical education
program. All private school students must participate in health screening
requirements. Private schools have regulations for the investment of school nurses
that ensure students quality services. RIGL 16-21 et.seq.
Private schools may participate in the federally funded school lunch program
operated in the state. RIGL 16-8-7 et seq.
Technology
There is no state policy at this time.
Professional Development
Private school faculty is encouraged to continue professional development throughout
their careers. Opportunities for professional development may be sent to private
schools by the state through the private school list serve.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Rhode Island has a state policy that recognizes tax-exempt status for private schools.
RIGL 44-3-3.
Public Aid for Private Education
Constitutional provisions: No person shall be compelled to frequent or to support
any religious worship, place, or ministry whatever, except in fulfillment of such
person‘s voluntary contract. Rhode Island Constitution Art. I, §3.
Programs for financial assistance for attendance at private schools: In 2007,
Rhode Island began the Corporate Scholarship Tax Credit Program, which provides
tax credits to corporations that contribute to Scholarship Organizations (SOs).
Corporations received a credit valued at 75 percent of the contributions made or 90
percent if the second-year donation is worth at least 80 percent of the first year‘s
donation, with a maximum credit of $100,000. The state has capped the amount of
credits available to be $1 million. In order for students to be eligible for these
corporate scholarships they must be from families whose income does not exceed 250
percent of the federal poverty level. RIGL 42-16.
Homeschooling
Approval of home instruction occurs at the local level with the local school
committee. RIGL 16-19-2.
At-home instruction is approved when it complies with the following requirements:
the period of attendance is substantially equal to that required in public schools,
which is five and one half hours per day for a minimum of 180 days; attendance
registers and registers indicating the amount of daily instruction by subject are kept.
RIGL 16-19-2.
State Regulation of Private Schools—Rhode Island
246
State law requires the instruction be in English and the curriculum to include:
reading, writing, geography, arithmetic, history of the United States, history of Rhode
Island, principles of American government, health and physical education. Also,
beginning with fourth grade, history and government of Rhode Island must be taught.
In high school, the U.S. Constitution and Rhode Island Constitution must be taught.
RIGL 16-19-2.
A teaching certificate is not required, but the instructor is expected to provide
―thorough and efficient instruction.‖ RIGL 16-19-2.
The parent and the local school committee must agree on a method of evaluating the
student‘s progress in all required subjects. RIGL 16-19-2.
Local school districts must loan textbooks in science, math, and modern foreign
languages, as well as texts for some other subject areas. However, the only books
that can be loaned are books being used in the public schools of Rhode Island. Other
instructional materials will have to be purchased. RIGL 16-23-2.
Information resources
Rhode Island Department of Elementary and Secondary Education: Guidance for the
Approval of Non-Public Schools
<http://www.ride.ri.gov/PSI/SupportIntervention/Docs/Guidance%20for%20Non-
Public%20Schools.doc>
Rhode Island Department of Elementary and Secondary Education: Frequently
Asked Questions on Home Instruction
<http://www.ride.ri.gov/Commissioner/Legal/DOCUMENTS/FAQs/HomeInsruction
FAQ2006.pdf>
State of Rhode Island General Laws
Title 16 <http://www.rilin.state.ri.us/Statutes/TITLE16/INDEX.HTM>
§16-40 <http://www.rilin.state.ri.us/Statutes/TITLE16/16-40/INDEX.HTM>
Rhode Island Department of Elementary and Secondary Education
255 Westminster Street
Providence, RI 02903-3400
Web site: http://www.ride.ri.gov/
State Contact for Rhode Island Private Schools
Becky Wright
Education Specialist
School Approval and Development
Rhode Island Department of Elementary and Secondary Education
Phone: 401-222-8404
E-mail: becky.wright@ride.ri.gov
U.S. Department of Education, Rhode Island
Updated December 12, 2008
247
SOUTH CAROLINA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Accreditation is one alternative to satisfy South Carolina‘s compulsory school
attendance statute. Attendance at a private school satisfies South Carolina's
compulsory school attendance statute if the school is a member school of the
South Carolina Independent School Association or a similar organization.
There are very few laws and regulations that address private schools in South
Carolina. The schools which are accredited are governed by their accrediting
organizations and may have to meet specific requirements regarding teacher
certification, school term, curriculum, and other areas where state law does
not specifically regulate with regard to private schools.
No requirements for Registration.
No requirements for Licensing.
Approval is optional.
Approval by the State Board of Education is one alternative to satisfy South
Carolina‘s compulsory school attendance statue. Attendance at a nonsectarian
private school satisfies South Carolina's compulsory school attendance statute
if the State Board of Education has approved the school.
Attendance at parochial, denominational, and church-related schools also
satisfies this requirement. S.C. Code §59-65-10(A).
The Attorney General has determined that the State Board of Education has
authority to establish minimum standards for private school approval under
the Compulsory School Attendance Act. 1967-68 Ops. Atty. Gen., No. 2585,
p. 291; however no standards have been developed at this time.
The clerk of the House of Representatives may distribute the legislative manual to
private schools without charge. S.C. Code §2-1-130.
Teacher Certification
Teacher certification is not required for private school teachers.
Length of School Year/Days
There is no state requirement for private schools‘ length of the school year.
Curriculum
There are no state requirements for the curriculum of private schools.
Recordkeeping/Reports
Private schools must report annually to the local superintendent of education the
following information: 1) the number of students receiving instruction; 2) the number
of students in regular attendance; 3) the number of teachers employed; and 4) such
State Regulation of Private Schools—South Carolina
248
other facts demonstrating the grade and amount of educational work actually done in
the private school. S.C. Code §59-13-130.
A private school failing to file the information within two weeks after the close of the
regular session is subject to a fine not more than $25. S.C. Code §59-13-130.
Health and Safety Requirements
The Department of Health and Environmental Control has the authority to inspect
private school lunchrooms and sanitary facilities. 1982 Op. Atty. Gen., No. 82-10, p.
12.
Potential staff members of a private school must be evaluated for tuberculosis prior to
hiring. Applicants must present a health certificate certifying that they do not have
tuberculosis in an active stage as a prerequisite to employment. S.C. Code §§44-29-
150, 160.
No child shall be admitted to any public, private, or parochial school, grades
kindergarten through twelve (K–12), or any child development program under the
control of the Department of Education without first presenting a valid South
Carolina Certificate of Immunization. 24 S.C. Code Regs. 61-8.
The distribution of a controlled substance within a radius of one-half mile of a private
elementary, middle, or secondary school is a criminal offense and punishable by fine
or imprisonment. S.C. Code §44-53-445. S.C. Code §16-17-420 (Disturbing Schools);
S.C. Code §16-11-110 (Arson).
Transportation
School buses owned and operated by private schools or under contract for a private
school must conform to state laws and regulations of the State Board of Education.
Buses failing to comply with the laws and regulations must be painted a color other
than yellow and are not entitled to the privileges and protection of a school bus
operating on the highways. S.C. Code §59-67-40.
Private school bus drivers must be certified by the State Board of Education. S.C.
Code §59-67-108 (Supp. 2007).
Textbooks
There is no state policy at this time.
Testing
There is not state policy at this time.
Special Education
Handicapped students may be placed in private schools that maintain approved
special education facilities if the school district cannot provide an appropriate
education. S.C. Code §59-33-50.
South Carolina school districts place handicapped students in private schools
provided the school accepts children into the program regardless of color, race, sex,
or religion. S.C. Code §59-33-50.
All private school administrators must report the names of visually handicapped
students to the Commission for the Blind. The Commission may provide itinerant
State Regulation of Private Schools—South Carolina
249
teachers to assist private school teachers who are responsible for teaching visually
handicapped children. S.C. Code §43-25-60.
Nursing and Health
There is not state policy at this time.
Technology
There is not state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is not state policy at this time.
Tax Exemption
The South Carolina Constitution exempts private schools from property taxes except
where profits are applied to private use. S.C. Const. Art. 10, 4.
Public Aid for Private Education
Constitutional Provisions: The South Carolina Constitution prohibits public
appropriations for the direct benefit of any religious or private educational institution.
S.C. Const. Art. 11, Sec. 4.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
In general, home schooling10 programs are approved by the local school district.
Parents or guardians may teach their children at home if the district board of trustees
in the district in which the child resides approves the instruction. S.C. Code §59-65-
40(A).
A home school parent must hold at least a high school diploma or the equivalent GED
certificate. S.C. Code §59-65-40(A).
The instructional day must at least four and one-half hours, excluding lunch and
recesses, and the instructional year is at least 180 days. S.C. Code §59-65-40(A).
The curriculum must include, but is not limited to, the basic instructional areas of
reading, writing, mathematics, science, and social studies and, in grades 7 through 12,
composition and literature. S.C. Code §59-65-40(A).
As evidence that a student is receiving regular instruction, the parent shall maintain
the following records for inspection upon reasonable notice by a representative of the
school district: a plan book, diary, or other written record indicating subjects taught
and activities in which the parent and student engage; a portfolio of samples of the
student‘s work; and a record of evaluations of the student‘s academic progress. S.C.
Code §59-65-40(A).
The student must have access to library facilities. S.C. Code §59-65-40(A).
10 ―Home school‖ is the term written in state law,
State Regulation of Private Schools—South Carolina
250
Students must participate in the annual statewide testing program and the Basic Skills
Assessment Program approved by the State Board of Education for their appropriate
grade level. S.C. Code §59-65-40(A).
Should a student in a home schooling program score below the test requirements of
the promotion standards prescribed for public school students by the State Board of
Education for one year, the district board of trustees shall decide whether or not the
student shall receive appropriate instructional placement in the public school, special
services as a handicapped student, or home schooling with an instructional support
system at parental expense. S.C. Code § 59-65-40(D).
The right of a parent to enroll his child in a private or parochial school as provided in
S.C. Code §59-65-10(A) is unaffected by this provision. S.C. Code §59-65-40(D).
A parent or guardian denied permission by a district board of trustees to begin or
continue a program of home instruction may appeal that decision to the State Board
of Education. S.C. Code of Regs. Rule 43-246.
The parent must agree in writing to hold the district, the district board of trustees and
the district‘s employees harmless for any educational deficiencies of the student
sustained as a result of home instruction. S.C. Code §59-65-40(A).
The following option is a non-district approved home school option. In lieu of the
requirements of S.C. Code §59-65-40, parents or guardians may teach their children
at home if the instruction is conducted under the auspices of the South Carolina
Association of Independent Home Schools. Bona fide membership and continuing
compliance with the academic standards of South Carolina Association of
Independent Home Schools exempts the home school from the further requirements
of S.C. Code §59-65-40.
The following option is a non-district approved home school option. In lieu of the
requirements of S.C. Code §59-65-40 or §59-65-45, parents or guardians may teach
their children at home if the instruction is conducted under the auspices of an
association for home schools which has no fewer than 50 members and meets the
following requirements, determined by the State Department of Education through an
annual review of the association: a) a parent must hold at least a high school diploma
or the equivalent GED certificate; b) the instructional year is at least 180 days; c) the
curriculum includes, but is not limited to, the basic instructional areas of reading,
writing, mathematics, science, and social studies, and in grades 7 through 12,
composition and literature; and d) educational records maintained by the parent-
teacher. S.C. Code §59-65-47.
The State Department of Education shall conduct annually a review of the association
standards to insure that requirements of the association, at a minimum, include a) a
parent must hold at least a high school diploma or the equivalent GED certificate; b)
the instructional year is at least 180 days; and c) the curriculum includes, but is not
limited to, the basic instructional areas of reading, writing, mathematics, science, and
social studies, and in grades 7 through 12, composition and literature. S.C. Code §59-
65-45.
State Regulation of Private Schools—South Carolina
251
Information resources
South Carolina Department of Education: Homeschooling
<http://ed.sc.gov/topics/educationinsc/homeschool/>
South Carolina Code of Laws <http://www.scstatehouse.gov/code/statmast.htm>
Title 59: Education <http://www.scstatehouse.net/code/titl59.htm>
South Carolina Code of Regulations
<http://www.scstatehouse.gov/coderegs/statmast.htm >
South Carolina Department of Education
1006 Rutledge Building
1429 Senate Street
Columbia, SC 29201
Phone: 803-734-8815
Fax: 803-734-3389
E-mail: info@ed.sc.gov
Web site: http://ed.sc.gov/
U.S. Department of Education: South Carolina
Updated December 29, 2008
252
SOUTH DAKOTA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The secretary of the Department of Education shall be responsible for the
classification and accreditation of all public and nonpublic schools under the
rules established by the South Dakota Board of Education pursuant to chapter
1-26. S.D. Codified Laws §13-3-47.
The South Dakota Board of Education shall promulgate rules pursuant to
chapter 1–26 to establish standards for the classification and accreditation of
schools within this state, to establish standards for preparation of certified
personnel, to set forth procedures for determining the eligibility of school
districts to receive state foundation aid effective Jan. 1, 1997, to adopt policies
and rules necessary to establish standards and procedures for vocation-
technical education and to establish curriculum requirements for both a basic
high school program and for a recommended high school program for all
public and nonpublic schools within the state. Both programs shall include a
rigorous high school curriculum, and the recommended high school program
shall be more academically challenging in the areas of mathematics and
science than the basic high school program. Both programs shall enhance and
may not diminish the academic preparation necessary for students to complete
high school. The requirements of the basic program shall be aligned to the
academic content standards developed pursuant to S.D. Codified Laws §13-3-
48 and shall, at a minimum, include the content standards tested pursuant to
S.D. Codified Laws §§13- 3-55, 13-1-12.1.
The school board of a public or the governing body of a nonpublic school,
approved and accredited by the secretary of the Department of Education, may
delegate, on a year to year basis, the control, supervision, and regulation of
any high school interscholastic activities to any association which is voluntary
and nonprofit if membership in such association is open to all high schools
approved and accredited by the secretary of the Department of Education,
including any school that allows participation by students receiving alternative
instruction as set forth in § 13-27-3, pursuant to the provisions of this title, and
if the constitution, bylaws, and rules of the association are subject to
ratification by the school boards of the member public school districts and the
governing boards of the member nonpublic schools and include a provision
for a proper review procedure and review board. S.D. Codified Laws §13-36-
4.
Any association which complies with this section may exercise the control,
supervision, and regulation of interscholastic activities, including
interscholastic athletic events of member schools. Such association may
promulgate reasonable uniform rules, to make decisions and to provide and
State Regulation of Private Schools—South Dakota
253
enforce reasonable penalties for the violation of such rules. S.D. Codified
Laws §13-36-4.
No requirements for Registration.
No requirements for Licensing.
Approval is optional.
Teacher Certification
The South Dakota Board of Education is authorized to establish standards for
certified personnel in all schools. S.D. Codified Laws §13-1-12.1.
By statute, one member of the 12-member South Dakota Advisory Council on
Certification must be an active nonpublic school classroom teacher. S.D. Codified
Laws §13-42-23.
Instructors in nonaccredited nonpublic schools do not have to be certified but cannot
teach more than 22 students. Instructors do not have to be certified but cannot teach
more than 22 students. S.D. Codified Laws §13-27-3.
Length of School Year/Days
The school fiscal year shall begin July first and end June thirtieth. Each local school
board shall set the number of days in a school term, the length of a school day, and
the number of school days in a school week. The local school board or governing
body shall establish the number of hours in the school term for kindergarten
programs. The Board of Education shall promulgate rules pursuant to chapter 1–26
setting the minimum number of hours in the school term for grades one through three.
The number of hours in the school term for grades four through 12 may not be less
than 962.5 hours, exclusive of intermissions. An intermission is the time when pupils
are at recess or lunch. S.D. Codified Laws §13-26-1, (effective until July 1, 2010).
The minimum length of time a student shall be in attendance during a school term in
grades one, two, and three is 875 hours, exclusive of intermissions. South Dakota
Administrative Rule 24:43:09:05.
The school board or governing body shall operate kindergarten through grade twelve
in its schools. The school board shall operate grades one through twelve for at least a
nine-month regular term in any one school year, and the number of hours in a school
term for kindergarten shall be set pursuant to S.D. Codified Laws §13-26-1. The
regular school term may be conducted on a year-round basis and shall begin on a date
established by the school board. The Board of Education shall promulgate rules
pursuant to chapter 1–26 governing the operation and scheduling of year-round
schools. Any school board or governing body may release graduating high school
seniors from school before the end of the regular term. Make up time for school
closing because of weather, disease, or emergency need not exceed ten school days.
Graduating seniors are excused from make-up time if the make-up time occurs after
the students have graduated or after graduation exercises have been held. If classes
have been convened and then are dismissed, or if classes convene at a time later in the
day than normal, because of inclement weather, that day constitutes a school day in
session equal to the number of hours planned for that day as established in the local
school district calendar for the year. S.D. Codified Laws §13-26-2.
State Regulation of Private Schools—South Dakota
254
School boards are encouraged to provide time within the regular school term for
curriculum and staff development which shall be in addition to the time required in
this section. Each school board shall determine the appropriate amount of time for
this activity and how best to use the time based on local needs for program
development, increased parent participation, student contact, teachers' preparation, or
other needs of the schools in the district. School is in session only when classes are
held and as provided in S.D. Codified Laws §§13-26-4 and 13-26-4.1. A school board
may operate a special term during the summer months. S.D. Codified Laws §13-26-2.
Curriculum
The secretary of the Department of Education shall prepare and submit for approval
of the South Dakota Board of Education academic content standards in language arts,
mathematics, social studies, and science for kindergarten through grade twelve. Each
school district shall adopt and implement clearly defined and measurable course
guidelines so as to meet the state academic content standards. S.D. Codified Laws
§13-3-48.
Instruction in any school must promote a mastery of the English language in oral and
written communications. S.D. Codified Laws §13-33-11.
All schools must provide regular courses in the Constitution of the United States and
the state of South Dakota beginning not later than the eighth grade and continuing
through high school as determined by the South Dakota Board of Education. S.D.
Codified Laws §13-33-4.
Moral and character instruction must be given in all nonpublic elementary and
secondary schools that is intended to impress upon the minds of students the
importance of citizenship, patriotism, honesty, self discipline, self respect, sexual
abstinence, respect for the contributions of minority and ethnic groups to the heritage
of South Dakota, regard for the elderly, and respect for authority. S.D. Codified Laws
§13-33-6.1.
Nonaccredited nonpublic schools, including church sponsored programs, operating as
"alternative education programs" must provide instruction in the basic skills of
language arts and mathematics for an equivalent period of time as in the public
schools. Children in attendance must annually take a nationally standardized
achievement test (basic skills) that is currently used in the public school district where
the child is instructed. Instructors do not have to be certified but cannot teach more
than 22 students. S.D. Codified Laws §13-27-3.
Recordkeeping/Reports
A person enrolling a student in a nonpublic school must submit a certified copy of a
birth certificate or an affidavit issued by the Department of Health within 30 days of
enrollment. S.D. Codified Laws §13-27-3.1.
The superintendent of any nonpublic school must regularly report to the state's
attorney the name and address of any child who has not presented a certified copy of
a birth certificate. S.D. Codified Laws §13-27-3.3.
South Dakota prohibits discrimination in private educational institutions based on
race, color, creed, religion, sex, ancestry, disability or national origin. Segregation by
sex in athletic activities does not constitute discrimination if the opportunity to
State Regulation of Private Schools—South Dakota
255
participate in athletic activities offered by the institution is substantially equal for
both sexes. Bona fide religious institutions that have a qualification based on religion
are exempt if the qualification is related to a bona fide religious purpose. S.D.
Codified Laws §§20-13-1; 20-13-22.
Minimum age for enrollment in kindergarten and first grade. Any child who is 5 years
old on the first day of September is eligible for enrollment in kindergarten during that
school year. Any child who is 6 years old by September first is eligible for enrollment
in first grade during that school year. Any child who transfers from another state may
proceed in a continuous educational program without interruption. S.D. Codified
Laws §13-28-2, (effective until July 1, 2010).
Transfer from another state. Any child who is 5 years old on the first day of
September is eligible for enrollment in kindergarten during that school year. Any
child who transfers from another state may proceed in a continuous educational
program without interruption. S.D. Codified Laws §13-28-2, (effective until July 1,
2010).
Nonpublic schools are subject to the same legal age provisions applicable to public
schools. The minimum age for enrollment in first grade is 6 years old by September
1st. S.D. Codified Laws §§13-28-2; 13-28-4.
South Dakota includes private school students in the school district's average daily
membership to calculate the apportionment among school districts of the school fund
income. S.D. Codified Laws §§13-13-1; 13-13-2.
Health and Safety Requirements
The governing body of a nonpublic school is under a duty to provide sanitary
facilities and a supply of water suitable for drinking; to maintain sanitary conditions;
and to install electrical services, adequate lighting and a telephone unless operating
for less than one school term. S.D. Codified Laws §13-24-16.
Any pupil entering school or an early childhood program in this state, shall, prior to
admission, be required to present to the appropriate school authorities certification
from a licensed physician that the child has received or is in the process of receiving
adequate immunization against poliomyelitis, diphtheria, pertussis, rubeola, rubella,
mumps, tetanus, and varicella, according to recommendations provided by the
Department of Health. The Department of Health may modify or delete any of the
required immunizations. As an alternative to the requirement for a physician's
certification, the pupil may present: (1) certification from a licensed physician stating
the physical condition of the child would be such that immunization would endanger
the child's life or health; or (2) a written statement signed by one parent or guardian
that the child is an adherent to a religious doctrine whose teachings are opposed to
such immunization; or (3) a written statement signed by one parent or guardian
requesting that the local health department give the immunization because the parents
or guardians lack the means to pay for such immunization. The Department of Health
may promulgate reasonable rules, in accordance with chapter 1–26, to require
compliance and documentation of adequate immunization, to define appropriate
certification, and to specify standard procedure. S.D. Codified Laws §13-28-7.1
Nonpublic schools must be constructed, equipped, operated and maintained in a safe
condition with respect to type of construction and materials used, fireproofing, the
State Regulation of Private Schools—South Dakota
256
number and types of ways of egress, aisles and passageways, stairs and fire escapes,
wall openings, exits and exit signs, doors and doorways, shaft ways and other vertical
openings, fire alarm systems, electrical equipment, flammable and explosive
materials, heating systems and fuel storage, numbers of occupants, ventilation, and all
other emergency protection. S.D. Codified Laws §13-25-1.
State fire marshal's power to inspect buildings. The state fire marshal may make
inspection of all school buildings, auditoriums, gymnasiums, dormitories, shops, or
other buildings operated as a part of or in conjunction with school activities of any
school, public or nonpublic, whether owned by the school or not. S.D. Codified Laws
§13-25-3.
Any person who has contact with children while serving at a private school and
suspects child abuse or neglect must notify the school principal, superintendent, or
designee. S.D. Codified Laws §26-8A-7. The school principal must report the
information orally and immediately to the state's attorney of the county, the
Department of Social Services, or to law enforcement officers S.D. Codified Laws
§26-8A-8.
Criminal conduct involving controlled substances and marijuana that occur within
1,000 feet of a private elementary or secondary school is a felony punishable by a
minimum sentence of five years. S.D. Codified Laws §22-42-19.
Nonpublic or parochial schools may develop a fingerprinting program for students.
The program must ensure that: 1) participation is voluntary; 2) the program is
executed with parental consent; 3) the program is operated under the supervision of
local law enforcement agencies; 4) all completed fingerprint forms are given to the
parents and 5) no school maintains a copy of the completed fingerprint forms. S.D.
Codified Laws §§26-15-1; 26-15-2.
Transportation
Each school bus used for the transportation of school children, which is owned by a
school district, a nonpublic school or alternative education program or privately
owned and operated under a contract with a school board or nonpublic school or
alternative instruction program, shall be inspected before the beginning of each
school year by a representative of the Division of Highway Patrol to certify that the
vehicle complies with state law, and rules of the South Dakota Board of Education,
the Department of Public Safety, and the Division of Highway Patrol. However, if a
school bus is purchased from a licensed motor vehicle dealer during the school year,
the dealer may inspect and certify that the vehicle complies with such law and rules.
The owner of any bus certified by a dealer shall have the bus inspected by the
Division of Highway Patrol before the beginning of the next school year. The owner
of the bus shall display a certificate certifying that the school bus has successfully
passed inspection issued by the Division of Highway Patrol or the dealer in a form
prescribed by the Division of Highway Patrol in the vehicle above the windshield.
Any school board, contractor, or person operating a school bus that has not been
certified commits a petty offense. This section does not apply to federally regulated
charter bus service operations. S.D. Codified Laws §13-29-6.
State Regulation of Private Schools—South Dakota
257
Textbooks
Each public school board shall loan without charge to all persons ages 5 through 19
who are either enrolled in a public school, or in a school supervised in accord with
chapter 13-4, or who are engaged in a course of instruction pursuant to S.D. Codified
Laws §13-27-3, within the school district under such board's jurisdiction, or who are
residing in such district but are not enrolled in any such school or engaged in any
such course of instruction, such nonsectarian textbooks and text-related workbooks
designed for individual use as are normally furnished by such school board to
individual students enrolled in the public schools of the district under such board's
jurisdiction. All such textbooks and text-related workbooks shall be approved by the
respective school boards. S.D. Codified Laws Ann. § 13-34-16-3.
Testing
Children in attendance must annually take a nationally standardized achievement test
(basic skills) that is currently used in the public school district where the child is
instructed. S.D. Codified Laws §13-27-3.
Special Education
A student‘s Individual Education Program (IEP) can specify the type of transportation
or special equipment required but cannot mandate the selection of the company that
would perform the service. Manville Bd. of Educ., 36 IDELR 177 (SEA NJ 2002).
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
Elementary, secondary and vocational teachers may attend undergraduate and
graduate courses at state institutions for 50 percent of the tuition costs. Certain
requirements apply including: 1) courses must be a condition of employment or
necessary to maintain a certificate to teach; 2) space must be available; 3) the teacher
must be a resident of the state and employed by an accredited school as a teacher; and
4) the teacher must maintain an average academic grade of 3.0. The maximum credit
hours for reduced tuition is six per year. S.D. Codified Laws §§13-55-24 to 13-55-28.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
All property owned by any educational institution in this state as a school, which is
accredited or approved as a school by the accreditation division within the
Department of Education, by the board of regents or by a nationally recognized
accreditation service, is exempt from taxation. However, if any such property consists
of agricultural land or improved or unimproved municipal property not occupied or
State Regulation of Private Schools—South Dakota
258
directly used in carrying out the primary object of the educational institution owning
the same, it shall be taxed the same as other property of the same class is taxed.
However, if any such educational institution is operated for profit, this exemption
applies only to that portion of property which is used exclusively for student housing,
student and administrative parking and instructional or administrative purposes S.D.
Codified Laws §10-4-13.
Religious educational institutions and nonprofit private educational institutions are
exempt from retail sales and service taxes. S.D. Codified Laws §10-45-14.
Employment at an elementary or secondary school is exempt from coverage under
South Dakota's unemployment compensation provisions. S.D. Codified Laws §61-1-
10.4(a)(3).
Public Aid for Private Education
Constitutional provisions: "Public support of sectarian instruction prohibited. No
appropriation of lands, money, or other property or credits to aid any sectarian school
shall ever be made by the state, or any county or municipality within the state, nor
shall the state or any county or municipality within the state accept any grant,
conveyance, gift, or bequest of lands, money, or other property to be used for
sectarian purposes, and no sectarian instruction shall be allowed in any school or
institution aided or supported by the state." S.D. Const., Art. VIII, §16.
"No money or property of the state shall be given or appropriated for the benefit of
any sectarian or religious society or institution." S.D. Const., Art. VI, §3.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
A child shall be excused from school attendance, pursuant to S.D. Codified Laws §13-
27-2, because the child is otherwise provided with alternative instruction for an
equivalent period of time, as in the public schools, in the basic skills of language arts
and mathematics. The parent or guardian of the child shall identify in the application
the place where the child will be instructed and any individual who will instruct the
child. The individuals are not required to be certified. The secretary of the
Department of Education may investigate and determine whether the instruction is
being provided. Failure to provide instruction is grounds for the school board, upon
30 days' notice, to revoke the excuse from school attendance. The secretary of the
Department of Education may inspect the records of an alternative education program
with 14 days' written notice if the secretary has probable cause to believe the program
is not in compliance with this section. The records to be inspected are limited to
attendance and evidence showing academic progress. S.D. Codified Laws §13-27-3.
No individual may instruct more than 22 children. All instructions shall be given so
as to lead to a mastery of the English language. Children receiving alternative
instruction who are in grades two, four, eight, and eleven shall take a nationally
standardized achievement test of the basic skills. The test may be the test provided by
the state and used in the public school district where the child is instructed or another
nationally standardized achievement test chosen by and provided at the expense of the
child's parent, guardian, or school giving alternative instruction. The test may be
State Regulation of Private Schools—South Dakota
259
monitored by the local school district where the child is instructed. S.D. Codified
Laws §13-27-3.
Information resources
South Dakota Department of Education: Home School/Alternative Education
<http://doe.sd.gov/oatq/accreditation/altinstruction.asp>
South Dakota Codified Laws <http://legis.state.sd.us/statutes/index.aspx>
South Dakota Department of Education
700 Governors Drive
Pierre, SD 57501-2291
Phone: 605-773-5669
Fax: 605-773-6139
Web site: http://doe.sd.gov/
U.S. Department of Education, South Dakota
Updated January26, 2009
260
TENNESSEE
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Accreditation is never mandated by the department of education but schools
must satisfy the accreditation standards of their affiliate association.
Church-related schools are required to meet the standards of accreditation or
membership of the Tennessee Association of Christian Schools (TACS), the
Association of Christian Schools International (ACSI), the Tennessee
Association of Independent Schools (TAIS), the Southern Association of
Colleges and Schools (SACS), the Tennessee Association of Non-Public
Academic Schools, the Tennessee Association of Non-Public Academic
Schools (TANAS), or a school affiliated with Accelerated Christian
Education, Inc. TCA 49-50-801. Therefore, church-related schools may fall
into Category II if fully accredited or Category IV if only an affiliate member.
Neither TAIS or SACS allow satellite schools. See Approval, below.
No requirement for Registration.
However, state law gives the commissioner of education authority and the
duty to ―inspect, approve and classify‖ private schools that request ―such
inspection, approval and classification.‖ TCA 49-1-201(19). See Approval,
below.
No requirement for Licensing.
The Department of Children‘s Services or the Department of Human Services
may require licenses for a Category VII school.
Approval is optional.
In order for students to satisfy the compulsory attendance laws, they must
attend a public school or a school that meets the standards of one of seven
categories established by the State Board of Education.
Category I schools are approved by the State Department of Education.
Category II schools are approved by a private school accrediting agency
which has been approved by the Tennessee State Board of Education.
Schools holding full accreditation status with an approved agency are
approved by the State Department of Education.
Category III schools are approved by one of the five regional accrediting
agencies (such as the Southern Association of Colleges and Schools (SACS),
now a part of Advance-Ed).
Category IV schools are Church-Related Schools as recognized by
associations mentioned in TCA 49-50-801.
Category V schools are Acknowledged for Operation.
Category VI provides for International schools associated with a state
university and currently has no members.
Category VII schools are Special Purpose schools encompassing some Pre-K
programs and transient care facilities serving DCS students.
State Regulation of Private Schools—Tennessee
261
Church-related schools may voluntarily seek approval by the State Board of
Education. TCA 49-50-801.
Teacher Certification
Schools in Categories I and VII are considered to be state-approved schools; therefore
their teachers must meet the same licensure and certification standards as those
teaching in Tennessee public schools. Teachers serving in Categories II and III must
meet the licensure and certification standards set forth by their agency/association.
Category IV teachers must satisfy association requirements. Category V teachers
must hold a baccalaureate degree, but are not required to have a teaching certificate.
Length of School Year/Days
Church-related schools must be conducted for the same length of term as public
schools. TCA 49-50-801(c).
Schools in Categories I, II, and VII must be conducted for the same length of term as
public schools (200 days with 180 student contact days). TCA 49-6-3004.
Tennessee Code Annotated does not address the length of school year or days in
Category IV and V schools.
Curriculum
Private high schools which offer a four-year course must require every student to
have one year of instruction in American history and government. TCA 49-6-1202.
Category I, II, and VII schools must the state‘s minimum graduation requirements for
public schools. State Board of Education Rule No. 0520-7-2.
Recordkeeping/Reports
Principals and teachers of private, denominational or parochial schools must report to
the local superintendent the names, ages and residence of all pupils in attendance at
their schools within 30 days after the beginning of the school year. TCA 49-6-
3007(c). Pursuant to State Board rule, attendance is reported to the local education
agency (LEA) in which the student resides. For a student attending a virtual school
based in Georgia, for example, attendance would be reported to the Tennessee LEA
where the student resides. State Board of Education Rule No. 0520-7-2.
All private and parochial schools shall keep daily reports of attendance, verified by
the teacher making such record and open for inspection by the local superintendent.
TCA 49-6-3007(d).
Private schools are under a duty to report promptly to the local superintendent the
names of students who have withdrawn or who have been absent five days without
adequate excuse. TCA 49-6-3007(e).
Each nonpublic school shall maintain cumulative records on each student. State
Board of Education Rule No. 0520-7-2-.03.
All nonpublic schools in categories I and VII shall submit annually: 200 Day
Accountability Report, Non-public Reporting Form; S-File (for student numbers); T-
File (for teacher information). State Board of Education Rule No. 0520-7-2.
State Regulation of Private Schools—Tennessee
262
Health and Safety Requirements
The commissioner of health is authorized, subject to the approval of the public health
council, to designate diseases against which children must be immunized prior to
attendance at any school of Tennessee. Parents may file a written statement with the
school authorities that such immunizations conflict with their religious tenets and
practices. TCA 49-6-5001.
Fire drills must be held at least twice a month in private schools. A record of all fire
drills, including the time and date, must be kept in the respective school and made
available upon request to the state fire marshal. TCA 68-102-137.
All doors serving as exits must be kept unlocked during the periods that a building is
occupied. TCA 68-102-137.
It is a criminal offense in Tennessee for a student to carry a firearm, not for
instruction or school-sanctioned ceremonial purposes, in a private school building,
bus, campus or athletic field. Private school administrators must display in prominent
locations a sign, at least six inches high and 14 inches wide, stating: FELONY. State
law prescribes a maximum penalty of six years imprisonment and a fine not to exceed
$3,000 for carrying weapons on school property. TCA 39-17-1309.
The chief administrative officer of any private, denominational or parochial school,
who has probable cause to believe that any person has committed a drug-related
offense on school grounds has a duty to report such probable cause to the local law
enforcement official. TCA 53-11-405(b).
Sentencing under a conviction for the sale of a controlled substance may be enhanced
if the sale was to a minor within 1,000 feet of a private school building. TCA 40-35-
114.
School personnel having knowledge of any child who is suffering from any physical
or mental condition which reasonably appears to have been caused by brutality, abuse
or neglect, must report the harm immediately. TCA 37-1-403.
School personnel who know or have reasonable cause to suspect that a child has been
sexually abused must report such knowledge or suspicion. TCA 37-1-605.
Community residential facilities that accommodate state or federal adult prisoners on
release programs are prohibited within 1,000 feet of a private school in counties with
populations of 750,000 or more, or counties having a metropolitan form of
government. TCA 41-22-128.
Annual inspections by the Fire Marshal‘s Office and the Health Department are
required for all categories of schools. State Board of Education Rule No. 0520-7-2.
Transportation
Nonpublic schools in Tennessee are not required to furnish transportation. If,
however, they do opt to provide such, then they are governed by the same statutes and
regulations as public schools
Textbooks
Tennessee Code Annotated does not prohibit nonpublic schools or students from
borrowing textbooks from the local school district. It is not addressed by statute, so is
therefore a decision of local school boards.
State Regulation of Private Schools—Tennessee
263
Testing
Category I schools must test in accordance with public school requirements. State
Board of Education Rule No. 0520-7-2.
Category II schools test according to their affiliating agency policies. At least once
every school year, each school shall give a nationally standardized achievement test
covering the areas of reading, language arts, spelling, math, science, and social
science to each pupil in grades 2 through 8 and grade 10, the results must be
communicated to teachers and parents and kept on file at the school for one calendar
year. State Board of Education Rule No. 0520-7-2.
Category III schools test according to the criteria established by the association. State
Board of Education Rule No. 0520-7-2.
Category IV schools have no testing requirements. State Board of Education Rule
No. 0520-7-2.
Category V schools must administer a nationally standardized achievement test
covering the basic academic areas at grades 2 through 8 and grade 10. Students must
be tested before reentering public schools and are places according to the results of
the test. State Board of Education Rule No. 0520-7-2.
Category VII must test in accordance with public school requirements. State Board
of Education Rule No. 0520-7-2.
Special Education
Every school district must test and examine, or cause to be tested and examined, each
Tennessee resident attending a private school within its boundaries to determine
whether such child is handicapped. TCA 49-10-108.
The Department of Education is empowered to provide special schools and special
classes in private schools, and transportation to and from school for physically
handicapped, visually handicapped and crippled children. TCA 68-12-109.
Blind students have the option of attending any private school that teaches the course
of study used in the public schools, or a course of study adapted for the blind and
approved by the commissioner of education. TCA 49-6-3015(c).
A Special Education Services Association may make arrangements and pay private
schools for services to handicapped children if the association is unable to provide
satisfactory service with its own facilities or the facilities of member school districts.
TCA 49-10-205.
Nursing and Health
Category I, III, and VII nonpublic schools: issue a health report card on each child
enrolled in their school unless parents request exclusion; are encouraged to have staff
or volunteer trained in CPR; are authorized to allow students to self-administer
asthma medication; are authorized to train school personnel to assist students with
diabetes care; are authorized to allow students with anaphylaxis to self-administer
medication while on school property or at school events; shall promulgate rules to
regulate items sold or offered for sale in vending machines; shall provide at least two
hours of suicide prevention training; shall collect proof of immunization prior to
admission to school. State Board of Education Rule No. 0520-7-2.
State Regulation of Private Schools—Tennessee
264
Category II nonpublic schools establish nursing and health policies according to their
affiliating agency policies. State Board of Education Rule No. 0520-7-2.
Category IV and V nonpublic schools have no nursing or health requirements other
than annual inspection by the State Health Department. State Board of Education
Rule No. 0520-7-2.
Technology
There is no state policy at this time.
Professional Development
Schools in Categories I, II, and VI must meet the state public school requirements of
five professional development days each school year. State Board of Education Rule
No. 0520-7-2.
Schools in Category III must meet the professional development standards of the
regional accrediting association. State Board of Education Rule No. 0520-7-2.
Schools in Category IV and V have no requirements. State Board of Education Rule
No. 0520-7-2.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Admission to events or activities sponsored by private schools, K–12, is exempt from
amusement tax. TCA 67-6-330(a)(1).
Public Aid for Private Education
Constitutional provisions: No related provisions.
Programs for financial assistance for attendance at private schools: A program
does not exist at this time.
Homeschooling
Independent homeschooling in Tennessee is delivered by the parent or legal guardian
who meets educational requirements. Additionally, parents who do not meet the
educational requirement may associate with a church-related school to deliver
instruction at home. These students, however, are considered Category IV nonpublic
students.
All homeschool students registered with a state-recognized church-related school in
grades 9 through 12 must register with the local school system as well as the state-
recognized church-related school. TCA 49-6-3050.
Parents or legal guardians conducting a state-recognized church-related homeschool
in grades K–8 must have an educational level as determined by the church-related
school; those teaching grades 9–12 must have a high school diploma or GED. A
parent who meets these educational requirements may start a church-related
homeschool at any time during the school year set by the state-recognized church-
related school. TCA 49-6-3050.
State Regulation of Private Schools—Tennessee
265
Testing in grades K–8 State-recognized church-related homeschools is under the
supervision of the church-related schools. State-recognized church-related
homeschool students in grades 9–12 must take the Secondary Subject Area Test.
TCA 49-6-3050.
An independent homeschool is a school conducted by parents or legal guardians for
their own children that is not a church-related school. The intent to operate an
independent homeschool must be submitted to the local superintendent before the
commencement of each school year. These homeschools register only with the local
school system. TCA 49-6-3050(b). Health records must be included the first time an
application is filed.
Parents or legal guardians conducting an independent homeschool must register their
child by August 1 of each year with the superintendent of schools. There is a
provision for late registration and possible payment of a late fee.
Parents or legal guardians conducting an independent homeschool must have a high
school diploma or a GED to teach grades K–8 or a B.A. degree to teach grades 9–12.
Parents or legal guardians conducting an independent homeschool may subscribe to
any curriculum they choose.
Students must receive a minimum of four hours of instruction per day for 180 days
per year. Attendance records are sent to the Superintendent at the end of the school
year.
Independent homeschool students are required to take the same State Board approved
secure standardized tests required of public school students in grades 5, 7, and 9,
except that the high school proficiency test is not required of ninth-graders who are
homeschooled.
If students score one year or more below grade level for two years in a row, the
Superintendent may request that the parent enroll the child in public or private school,
unless the child is learning disabled.
Homeschool students entering public schools are treated as students entering from
other non-approved schools regarding credit for work transferred and examinations
that may be required. State Board of Education Rule No. 0520-1-2-03 (11).
No diplomas or certificates of attendance are given by Tennessee to students who are
homeschooled.
Information resources
Tennessee Department of Education: School Approval
<http://www.state.tn.us/education/schapproval/>
Tennessee Department of Education: Requirements for Homeschools in Tennessee
<http://www.state.tn.us/education/homeschool/>
Tennessee Department of Education: Key to Understanding School Category
<http://www.state.tn.us/education/schapproval/doc/pvtcategory.doc>
Tennessee Department of Education: Licensed Educators Teaching in Non-Public
Schools <http://www.state.tn.us/education/lic/nonpublic.shtml>
Tennessee Department of Education: Curriculum Standards
<http://state.tn.us/education/curriculum.shtml>
Tennessee Department of Education: Benefits to Private School Students and
Teachers <http://www.state.tn.us/education/fedprog/fpprivate.shtml>
State Regulation of Private Schools—Tennessee
266
The Tennessee General Assembly: Tennessee Code
Title 49: Education
Tennessee Department of Education
Andrew Johnson Tower, Sixth Floor
710 James Robertson Parkway
Nashville, TN 37243-0375
Phone: 615-741-2731
Fax: 615-532-4791
E-mail: Education.Comments@state.tn.us
Web site: http://www.state.tn.us/education/
U.S. Department of Education, Tennessee
Updated December 12, 2008
267
TEXAS
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The accreditation of nonpublic schools through the Texas Private School
Accreditation Commission (TEPSAC) became effective on Feb. 12, 1986.
Accreditation of nonpublic schools directly by the Texas Education Agency
ceased after May 31, 1989. Through a Letter of Understanding, the
commissioner of education recognizes the accreditation of nonpublic schools
accredited by associations that are members of TEPSAC.
Teacher service in accredited private schools may be claimed for salary
increment purposes. Texas Administrative Code, Title 19, Part II,
§153.1021(h)(8)states: (A) For experience prior to the 1986–87 school year,
accreditation by the Texas Education Agency or the Southern Association of
Colleges and Schools is required; (B) For experience in the 1986–87, 1987–
88, and 1988–89 school years, service shall be acceptable if the school was
accredited by the Texas Education Agency, or a recognized regional
accrediting agency; (C) For experience in the 1989–90 school year and
thereafter, service shall be acceptable if the school was accredited by the
Texas Private School Accreditation Commission; (D) During the 1986–87,
1987–88, and 1988–89 school years, private schools accredited by the Texas
Education Agency, a recognized regional accrediting agency, or an
association recognized by the commissioner of education will be listed in the
Texas School Directory; (E) Beginning with the 1989–90 school year and
thereafter, private schools accredited by the Texas Private School
Accreditation Commission will be listed in the Texas School Directory; and
(F) Beginning with the 2004–05 school year and thereafter, private schools
accredited by the Texas Private School Accreditation Commission will be
listed on the Texas Education Agency Web site." Texas Administrative Code,
Title 19, Part II, § 153.1021(h)(8).
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is not required for private schools that are not accredited.
All teachers in accredited private schools must be ―highly qualified‖ but each
accrediting agency is allowed to define what that means as part of their approval
process. The accrediting agency may choose to use the Texas state teacher
certification or may develop its own standards that are higher than the Texas state
teacher certification. The accrediting agency also has the option of recognizing out-
of-state credentials.
State Regulation of Private Schools—Texas
268
Length of School Year/Days
Accredited private schools must meet or exceed the minimum seat time required of
public schools.
Curriculum
Students attending a private or parochial school are exempt from compulsory
attendance at a public school if the school includes in its course a study of good
citizenship. Tex. Education Code Ann. §25.086(a)(1).
A school district must ensure that records or transcripts of a transfer student from a
Texas nonpublic school are evaluated and that the student is placed in appropriate
classes promptly. Texas Administrative Code, Title 19, Part II, §74.26(a)(2).
A transfer student from a Texas nonpublic school must complete all state
requirements for graduation. Texas Administrative Code, Title 19, Part II, §74.11(f).
The district may use a variety of methods to verify the content of courses for which a
transfer student has earned credit. Texas Administrative Code, Title 19, Part II,
§74.26(a)(2).
A driver‘s education school shall receive approval from the Texas Education Agency
prior to conducting a course at a private school. An application for a school license
for a primary or branch driver education school shall be made on forms supplied by
the Texas Education Agency (TEA). Texas Administrative Code, Title 19, Part II,
§176.1003.
Parochial and private schools are expected to observe Texas Week, the week of
March 2. Tex. Civ. Stat. Art. 6144(a).
Recordkeeping/Reports
Private school administrators or designees have an obligation to report suspected
criminal conduct occurring on school grounds or at school-sponsored activities to the
local police/sheriff. Tex. Education Code Ann. §37.015.
Law enforcement agencies will notify the school principal of an arrest or conviction
of delinquent conduct of an individual enrolled in a private school. Tex. Code Crim.
Proc. Ann. §15.27(e).
Health and Safety Requirements
Children may not be admitted to any elementary or secondary school unless they have
been immunized as required by the Texas Board of Health in Health Services, Texas
Administrative Code, Title 25, §§97.61-97.72, present an affidavit signed by a
physician stating the immunization would be injurious to the health of the student or
his family, or present an affidavit that the immunization conflicts with the tenets of
his or her church or religious denomination. A religious exemption does not apply in
times of emergency or epidemic. Tex. Education Code §38.001.
The chief administrator of a private school must report the names of children
suspected of having a communicable disease, i.e. diseases listed by the Texas Board
of Health, to the local health authority or the Department of Health regional director.
Tex. Health and Safety Code Ann. §§81.003(10); 81.042(c).
State Regulation of Private Schools—Texas
269
Municipalities with populations greater than 850,000 must provide school crossing
guards to assist children going to or leaving a parochial or private elementary or
secondary school. Tex. Government Code Chapter 343.014.
Private schools are entitled to access all criminal history record information that
relates to employees, applicants for employment, and volunteers. The school may
obtain this information from any law enforcement or criminal justice agency. Tex.
Education Code Ann. §22.083.
Private schools are entitled to obtain criminal history records through the Department
of Public Safety for employees, applicants, or volunteers, including those who drive
or will serve as a monitor or aide on a bus in which students are transported. Tex.
Government Code 411.097.
Private schools may participate in a missing child prevention and identification
program in accordance with state provisions. Under the program, schools distribute
program information to the parents and request written consent to take the child's
fingerprints. Schools may charge a reasonable fee to cover the costs not to exceed $3.
Tex. Education Code Ann. §33.052.
Private primary schools are required to request records when enrolling a child under
11 years of age to verify the child‘s name, birth date, and previous school records. If
documentation is not provided, the school shall notify the appropriate law
enforcement agency to determine if the child has been reported missing. Law
enforcement agencies shall immediately notify each school, including private primary
schools, when a report of a missing child is received. Tex. Code of Criminal Proc.
Ann. Chapter 63.
It is a criminal offense to possess or consume alcoholic beverages on a public street,
alley, or sidewalk within 600 feet of a facility that the person knows is a private
school offering K–12 instruction. Tex. Alco. Bev. Code Ann. §101.75.
Acts of hazing that occur on or off the campus of an educational institution, including
a private high school, must be reported to the appropriate official of the institution.
Tex. Education Code Ann. §37.151 et seq.
Transportation
Street railways or motor buses operating in cities of not less than 20,000 inhabitants
are required to sell tickets to children attending private schools for one-half of the
adult fare when school is in session. Tex. Rev. Civ. Stat. art. 4008b; Tex. Rev. Civ.
Stat. Art. 6544.
Textbooks
The State Board of Education may enter into an agreement with a private nonprofit
school to provide special textbooks and instructional aids for the instruction of blind
or visually impaired students, if state funds, other than for administrative costs, are
not involved. Tex. Education Code Ann. §31.028(c).
Testing
A private school may administer the state assessment instrument required for all
public schools. The private school must reimburse the agency for the cost of
administering the assessment, not to exceed the cost for administering the same
State Regulation of Private Schools—Texas
270
assessment to a student enrolled in a public school. Tex. Education Code Ann.
§39.033.
A private school administering the state assessment instrument shall provide to the
commissioner performance results on the academic excellence indicators adopted by
the State Board of Education. Texas Administrative Code, Title 19, Part II, §101.1(j).
The private school shall notify the student and his or her parents or guardian of test
results. Texas Administrative Code, Title 19, Part II, §101.5.
Special Education
Local school districts may contract with approved private facilities for residential
special education services. Facilities are considered for approval based on a
programmatic evaluation of personnel qualifications, adequacy of physical plant and
equipment, and curriculum content. Facilities may be approved in whole or in part.
Tex. Education Code Ann. §29.008.
When a private school student with disabilities is referred to the local district, the
district is not responsible for providing services unless the parent(s) choose to enroll
the child in the public school full-time or request services under dual enrollment. All
state requirements concerning referral, assessment, and determination of eligibility
are applicable to students placed in private schools by their parents once the students
are referred. Texas Administrative Code, Title 19, Part 2, §89.1095.
Nursing and Health
Private school students must be screened to detect vision and hearing disorders and
any other special senses or communication disorders specified by the Board of
Health. The Department of Health may coordinate screening activities of private
schools with school districts, state agencies and volunteer organizations so that efforts
are complementary and not fragmented or duplicative, and provide screening
personnel, equipment, and services if the requirements cannot be otherwise met. Tex.
Health and Safety Code Ann. §36.004.
Screening to detect abnormal spinal curvature is mandatory for private school
children in grades 6 and 9. The Department of Health may coordinate screening
activities and provide technical assistance and educational materials to assist private
schools. Tex. Health & Safety Code Ann. §37.001.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for performing state/local functions
There is no state policy at this time.
Tax Exemption
Food products served by private schools, student organizations, and parent-teacher
organizations are exempt from sales tax when served during the regular school day or
State Regulation of Private Schools—Texas
271
during a fundraiser when the proceeds do not benefit an individual. Tex. Tax Code
Ann. 151.314(d)(1).
Public Aid for Private Education
Constitutional Provisions: The Texas Constitution prohibits the state legislature
from granting any part of the permanent or available school fund to any sectarian
school. Texas Constitution Art. VII, Sec. 5(a).
No money from the State Treasury or property belonging to the State may be
appropriated for the benefit of any sect or religious society. Texas Constitution Art. 1,
Sec. 7. The attorney general has ruled that this provision does not prevent a school
district from providing band lessons to private school students at a public school. Op.
Atty. Gen. 1972, No. M-1074. Texas Constitution Art. 1, sec 7, Art. 3, Sections 51,
52.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
Texas has no laws or regulations related to homeschooling. The State of Texas does
not regulate, monitor, approve, register, or accredit programs available to parents who
choose to homeschool their children. In addition, the State of Texas does not award a
diploma to students who are homeschooled. However, in accordance with Texas
Education Code 51.9241, the State of Texas considers the successful completion of a
homeschool education to be equivalent to graduation from a public or private high
school.
Information resources
Texas Private School Accreditation Commission <www.tepsac.com>
Texas Association of Nonpublic Schools <http://www.abouttans.org/index.cfm>
Texas Education Agency: Home School Information
<http://www.tea.state.tx.us/home.school/>
Texas Education Agency: Education Laws and Rules
<http://www.tea.state.tx.us/educationlaw.html>
Texas Administrative Code <http://www.sos.state.tx.us/tac/>
Texas Constitution and Statutes <http://www.statutes.legis.state.tx.us/>
Texas Education Agency
1701 North Congress Avenue
Austin, TX 78701-1494
Phone: 512-463-9734
Fax: 512-463-9838
E-mail: teainfo@tea.state.tx.us
Web site: http://www.tea.state.tx.us/
U.S. Department of Education, Texas
Updated March 9, 2009
272
UTAH
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
No requirements for Registration.
No requirements for Licensing.
No requirements for Approval.
Teacher Certification
Teacher certification is not required for private school teachers.
Length of School Year/Days
There is no state requirement for private schools‘ length of the school year.
Curriculum
Private school students may enroll in public schools for dual enrollment purposes and
participate in any academic activity subject to the same rules applicable to full-time
students. Utah Code Ann. §53A-11-102.5.
―A school district maintaining driver education classes shall allow pupils enrolled in
grades nine to 12 of regularly established private schools located within the school
district to enroll in the most accessible public school in the school district to receive
driver education. Enrollment is on the same terms and conditions as applies to
students in public schools within the district, as such terms and conditions relate to
the driver education classes only.‖ Utah Code Ann. §53A-13-203.
A private or parochial school may exempt itself from the state prohibition of corporal
punishment by adopting a school policy and notifying the parent or guardians of the
exemption. Utah Code Ann. §53A-11-802.
Recordkeeping/Reports
Private schools must retain official certificates of immunization for every student as
part of the individual's permanent school record. The Department of Health provides
official certificate forms. Utah Code Ann. §53A-11-304.
Private schools have a duty to cooperate with employers by issuing age certificates or
lists of students or recent students showing their dates of birth according to school
records. Utah Code Ann. §34-23-209.
In September and March of each year, accredited nonpublic schools must provide the
county clerk an estimate of the number of enrolled students who are 18 years of age
or who will be 18 within six months. The county clerk will provide sufficient by-mail
voter registration forms, free of charge, to be disseminated to the students. Utah Code
Ann. §§20A-2-302; 53A-3-402.5.
The superintendent of public instruction includes applicable private school data in his
annual report to the Governor and the Legislature on the public school system. Utah
Code Ann. §53A-1-301.
State Regulation of Private Schools—Utah
273
Health and Safety Requirements
Students may not attend private K–12 schools without certification of immunization
unless exempted for personal, medical, or religious reasons. Utah Code Ann. §§53A-
11-301; 53A-11-302.
Private K–12 schools may administer medication to students if policies and
procedures are adopted in consultation with the Department of Health. The policies
must provide for the designation and training of employees who administer
medication, proper identification and safekeeping of medication, and the maintenance
of records of administration. Medication may be administered only if the parent or
guardian has provided a written request and the student's health professional has
signed a statement describing the method, amount, and time schedule for the
administration necessary during school hours. School employees in substantial
compliance with the physician's orders are not civilly or criminally liable for a
student's adverse reaction to the medicine or discontinuing the medicine following
actual notice to the parent or guardian. Utah Code Ann. §53A-11-601.
Private school administrators have a duty to report the name and address of a person
suspected of having a communicable disease, and the facts relating to the case, to the
Department of Health. Utah Code Ann. §26-6-6.
Local health departments have the statutory authority to close private schools when
necessary to protect the public health. Utah Code Ann. §26A-1-114.
It is illegal to smoke or use tobacco on the property of a private elementary or
secondary school with the exception that adults may smoke in designated areas during
nonschool hours. Utah Code Ann. §76-10-106.
Utah restricts the establishment of state liquor stores, package agencies, restaurants
and private clubs serving liquor, and on-premise beer retailers in the proximity of
private schools. Utah Code Ann. §§32A-2-101; 32A-3-101; 32A-4-101; 32A-5-101;
32A-10-201.
The Utah Fire Prevention Board establishes the minimum standards for the
prevention of fire, the protection of life and property against fire, and panic in private
schools. Utah Code Ann. §53-7-204.
Law enforcement agencies have a duty to notify the administrator of a private school
if an employee has been arrested for a controlled substance or sex offense. Utah Code
Ann. §53-5-218.
Private schools may require potential employees or volunteers to submit to a criminal
background check through the Law Enforcement and Technical Services Division as
a condition for employment or appointment and, where reasonable cause exists,
schools may require an existing employee or volunteer to submit to a criminal
background check. Only job-related convictions should be considered by the school.
The private school must pay the cost unless the applicant has passed an initial review;
is one of a pool of five candidates or less; and, has not been the subject of a criminal
background check during the preceding two years. If an individual is denied
employment based on the background check, the person has a right to written notice
of the reasons for the denial and an opportunity to respond. Utah Code Ann. §53A-3-
410.
State Regulation of Private Schools—Utah
274
Possession of a weapon, explosive, flammable material, or other dangerous material
in a private elementary or secondary school building, grounds, or area used for a
school activity is a criminal offense unless approved by a responsible school official
or used in an approved activity. Utah Code Ann. § 53A-3-502.
Utah's criminal code provides enhanced penalties for the use of a firearm in an
offense committed on or about school premises. Utah Code Ann. §76-3-203.2.
Anyone who knowingly assaults an employee or volunteer at a private school when
the victim is acting within the scope of his employment is guilty of a class A
misdemeanor. Utah Code Ann. §76-5-102.3.
A person who enters or remains on private school property and is intent to cause
harm, commit a crime, is reckless as to the safety of others, or enters or remains
without authorization if notice against entry has been given, commits a misdemeanor
of criminal trespass on school property. Utah Code Ann. §53A-3-503.
A person who is asked to leave by a school official and remains to disrupt an activity
of a private school commits a misdemeanor. Utah Code Ann. §76-9-106.
Private school students who participate in industrial education, physics laboratory,
and chemistry laboratory activities that may endanger one's vision, must wear quality
eye protective devices. Utah Code Ann. §53A-13-103.
Transportation
The Utah Department of Transportation regulates the design and operation of school
buses privately owned for use by private schools. Private schools and their employees
are subject to the regulations. Utah Code Ann. §41-6-115.
The Highway Patrol safety inspects biannually all school buses operated by private
schools for the transportation of students. Utah Code Ann. §53-8-211.
Textbooks
There is no state policy at this time.
Testing
Private school students who are Utah residents have the option to participate in U-
PASS. A private school student who is not a Utah resident may participate in U-
PASS if he or she pays the full cost of individual assessments as determined by local
board policy in advance to participation in the U-PASS. State Board of Education
Rule R277-604-3.
Private schools interested in participating in the U-PASS may do so at the discretion
of the public school district in which the school is located. State Board of Education
Rule R277-604-3.
Special Education
The state director of special education is responsible for the general supervision of all
public programs offered through private agencies for students with disabilities and
has a duty to cooperate with private schools and agencies concerned with education
and training students with disabilities. Utah Code Ann. §53A-15-302.
State Regulation of Private Schools—Utah
275
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Property owned by a nonprofit entity used exclusively for religious, charitable, or
educational purposes is exempt from property tax. Utah Constitution Art. XIII, Sec.
3.
Public Aid for Private Education
Constitutional provisions: The Utah Constitution prohibits the appropriation of
public money or property for religious instruction or for the support of any
ecclesiastical establishment. Utah Constitution, Art. I, Sec. 4.
In addition, the Utah Constitution further prohibits appropriations by the state and its
political subdivisions for the direct support of any religiously controlled school. Utah
Constitution, Art. X, Sec. 9.
Programs for financial assistance for attendance at private schools:
The Carson Smith Scholarships for Students with Special Needs Program provides
scholarships for attendance at approved private schools to students with qualifying
disabilities. To be eligible, students must have been enrolled in Utah public schools
and have a current Individual Education Program (IEP), or have been admitted to an
approved private schools specializing in serving students with disabilities and receive
an assessment determining that student qualifies for special education. Utah Code
Ann. §§53A-1a-701–53A-1a-710.
Homeschooling
Each year parents must submit a signed affidavit' to the school district of residence
stating that ―the child will attend home school11 and will receive instruction in the
subjects the State Board of Education requires and for the same length of time minors
are required to be taught in public schools, as determined by the State Board of
Education rules.‖ The statute does not specify a form for the affidavit, but a school
district may provide a form to parents. A school district that requires a specific form
or format for the affidavit is exceeding the requirements of the statute. Frequently
Asked Questions about School District Responsibilities and Home Schools, May
2007, Utah State Office of Education and Utah Code Ann. §53A-11-102(2)(b).
Home school students will receive a certificate from the local school board excusing
their attendance from the public schools. Frequently Asked Questions about School
11 ―Home school‖ is the term written in state law.
State Regulation of Private Schools—Utah
276
District Responsibilities and Home Schools, May 2007, Utah State Office of
Education and Utah Code Ann. §53A-11-102(3).
The resident school district has no responsibility or authority regarding home schools‘
curriculum, student assessment, instructional materials, or instruction evaluation.
Frequently Asked Questions about School District Responsibilities and Home
Schools, May 2007, Utah State Office of Education and Utah Code Ann. §53A-11-
102(2)(c).
Home school students who are Utah residents have the option to participate in U-
PASS if they satisfy state home school requirements. State Board of Education Rule
R277-604-4.
Information resources
Utah State Office of Education: Home Schooling
<http://www.schools.utah.gov/curr/main/homeschool.htm>
Utah Code
Title 53A: State System of Public Education
<http://le.utah.gov/~code/TITLE53A/TITLE53A.htm>
Utah State Office of Education
250 East 500 South
P.O. Box 144200
Salt Lake City, UT 84114-4200
Phone: 801-538-7500
Fax: 801-538-7521
Web site: http://www.schools.utah.gov/
U.S. Department of Education, Utah
Updated December 1, 2008
277
VERMONT
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
No requirements for Registration.
No requirements for Licensing.
Approval is optional.
An independent school is defined by statute as "a school other than a public
school, which provides a program of elementary or secondary education, or
both." 16 VSA §11(8).
Independent schools may apply for approval by the State Board of Education
or file an enrollment notice as a recognized independent school. Tutorial
programs, providing education to a pupil who is placed in a short term
program for evaluation or treatment, may also apply for approval by the State
Board of Education. Approved schools are in the position to receive public
tuition monies. 16 VSA §828.
Distance learning schools located in Vermont may apply for approval but are
not eligible to receive tuition from public funds. 16 VSA §166(b)(6).
Distance learning schools located in Vermont may apply for approval but are
not eligible to receive tuition from public funds. Distance Learning Schools
shall meet the procedures and standards set forth for approved independent
schools, which because of the schools‘ structure can be applied, and additional
rules adopted by the State Board of Education. The additional rules address
tuition, admission policies, and communications with customers. 16 VSA
§166(b)(6).
The State Board of Education approves independent schools if the school
provides a minimum course of study and substantially complies with the
board's rules for approved independent schools. The board's rules require at a
minimum: 1) adequate resources to meet the school's objectives, including
financial capacity; 2) faculty qualified by training and experience in the areas
assigned; 3) physical facilities and special services in accordance with state
and federal law. Approval may be granted without state board evaluation if
the school is accredited by a private, state or regional agency recognized by
the State Board. Approval may be revoked or suspended, after opportunity for
a hearing, for failure to comply with state requirements. 16 VSA §166(b).
The State Board of Education is charged with adopting rules for approved
independent schools relating to instruction, faculty, curriculum, libraries,
educational materials and physical facilities, which are necessary to provide
an acceptable educational opportunity for pupils in those schools. 16 VSA
§164(14).
A recognized independent school may operate in Vermont upon filing an
enrollment notice with the state commissioner of education. The notice must
include: 1) a statement that the school will be in session an amount of time
State Regulation of Private Schools—Vermont
278
substantially equivalent to public schools; 2) a detailed description of the
minimum course of study for each grade level and how the annual assessment
will be performed; and 3) assurances that the school maintains attendance
records, maintains annual assessments of each pupil's progress that is reported
to parents or guardians, provides the minimum course of study as provided by
16 VSA §906 employs teachers and materials sufficient to carry out the
educational program, and meets applicable state and federal laws concerning
physical facilities and health and safety matters. An enrollment notice must be
renewed annually unless the school has been recognized or accredited by a
state approved organization for the purpose of recognizing and accrediting
purposes. If a school is unable to comply with any requirement due to a deep
religious conviction shared by an organized group, the commissioner may
waive the requirement if the educational purposes are being met. 16 VSA
§166(c). See Curriculum.
If the commissioner has information that creates significant doubt that the
school is able to meet the recognition requirements, or once in operation, is
meeting the requirements, he may call a hearing for a determination on the
matter. If a school fails to establish that it can meet or has met the
requirements, the commissioner will require specific action to come into
compliance or the students must attend another school, or the school may be
closed for the remainder of the year. 16 VSA §166(c).
Independent schools that offer kindergarten, but no other graded education,
may be approved by the state if the school substantially complies with the
board's rules for approved independent kindergartens. 16 VSA §166(b)(1).
Religious schools may apply to be either approved or recognized independent
schools and follow the State Board of Education rules and the Vermont
Statute for Independent Schools but they are not eligible to receive tuition
from public funds.
The State Board of Education may approve tutorial programs if the program
substantially complies with the board‘s rules for approved tutorial programs.
The board‘s rules require at a minimum: 1) adequate resources to meet the
school‘s objectives, including financial capacity; 2) faculty qualified by
training and experience in the areas assigned; 3) physical facilities and special
services in accordance with state and federal law; and 4) policies for
coordination with each student‘s responsible school district.
Vermont has a council of independent schools to advise the commissioner on
policies and procedures with respect to independent schools. The
commissioner appoints the 11-member board. Nine members come from
within the independent schools' community and two members from the
community at large. At least three members must be representatives of
recognized independent schools. 16 VSA §166(d).
Teacher Certification
Independent school educators are not required to possess teacher licensure. However,
an approved independent school providing special education services shall satisfy the
state licensure requirements for personnel who are responsible for the provision or
State Regulation of Private Schools—Vermont
279
supervision of special education and related services. State Board Manual of Rules
and Practices 2228.3.2.
Superintendents, principals, and teachers must subscribe to an oath prior to
discharging their duties. The oath affirms their support for the Constitutions and the
laws of the United States and Vermont. Foreign citizens serving as superintendents,
principals or teachers are not required to take the oath. 16 VSA §12.
Quasi-public or private elementary or secondary schools that directly or indirectly
receive support from public funds are considered municipal employers under the
Vermont Municipal Labor Relations Act. 21 VSA §1735.
Length of School Year/Days
Recognized independent schools must be in session an amount of time substantially
equivalent to that required for public schools. 16 VSA §(c)(1)(A).
School year is defined under Vermont's general provisions as beginning July 1 and
ending the next June 30. 16 VSA §11(12).
The minimum number of days is 175. 16 VSA §1071.
Curriculum
Approved and recognized nonpublic schools must provide a minimum course of
study in the following fields: basic communication, including reading, writing, and
the use of numbers; citizenship, history, and government in Vermont and the United
States; physical education and comprehensive health education; English, American,
and other literature; the natural sciences; and the fine arts. 16 VSA §906 (a) and (b).
Independent schools must annually conduct exercises in commemoration of the birth,
life, and services of Abraham Lincoln on the last school day before February 12. 16
VSA §907.
It is the commissioner of education's duty to distribute, at his discretion and upon
request, forms and materials relating to the Vermont state basic competency program
for elementary and secondary pupils to approved independent schools. 16 VSA
§212(12).
Subject to the approval of the commissioner, local superintendents of schools must
arrange for the establishment of a driver education and training course for approved
independent schools located within his or her supervisory jurisdiction at their request.
16 VSA §1046.
Recordkeeping/Reports
An approved independent school must provide parents or guardians a statement of its
status under Vermont's approval requirements and a copy of 16 VSA §166 prior to
accepting any tuition payments. 16 VSA §166(b)(3).
A recognized independent school must provide parents or guardians a copy of its
currently filed statement of objectives and a copy of 16 VSA §166 upon enrollment or
September 1, whichever comes later. Failure to do so may create a permissible
inference of false advertising.
Recognized independent schools and approved independent schools must provide the
names and addresses of enrolled pupils to the commissioner on October 1 of each
year. The school must also notify the commissioner of the names and addresses of
State Regulation of Private Schools—Vermont
280
any pupils withdrawing from the school within seven days of their withdrawal. 16
VSA §166(b)(4), (c)(6).
Health and Safety Requirements
No person may enroll as a student in a Vermont school unless the appropriate person
has received a record of certificate of immunization issued by a licensed physician or
health clinic that the person has received immunizations appropriate to age as
specified by the Vermont Department of Health. Exemptions to this requirement are
allowed if the immunizations are in process, would be detrimental to the person's
health or not appropriate, or contrary to the person's or parent or guardian's religious
beliefs. 16 VSA §§1121, 1122.
Approval for independent residential schools is contingent upon proof of the school's
satisfactory completion of an annual fire safety inspection by the Department of
Public Safety or its designee pursuant to Subchapter 2 of Chapter 173 of Title 20.
A certificate executed by the inspecting entity, declaring satisfactory completion of
the inspection and identifying the date by which a new inspection must occur, shall be
posted at the school in a public location. The school shall provide a copy of the
certificate to the commissioner of education after each annual inspection. The school
shall pay the actual cost of the inspection unless waived or reduced by the inspecting
entity. 16 VSA §166(b)(7).
Independent schools must drill the pupils once each month during the school year so
that they may be able to leave the school building in the shortest possible time or
without panic or confusion. A record of the date, time and time consumed in vacating
the building shall be kept in the official school register and be open at all times for
inspection by the Department of Labor and Industry or the Department of Education.
A principal who willfully neglects to comply will be fined not more than $20.00.
Independent schools shall request a finger-print supported criminal record check on
the person(s) recommended for any full-time, part-time, or temporary employment.
The request is conducted through the Vermont Crime Information Center (VCIC). A
notice of any criminal record is reported by VCIC to the independent school; except
for a record relating to any crimes of a sexual nature involving children. Such a
record is sent to the commissioner of education who shall notify the headmaster in
writing, with a copy to the person about whom the request was made. Any
information sent to a person by a headmaster or the Commission of Education shall
be accompanied by a written notice of the person‘s rights enumerated under the
statute. 16 VSA §251-260.
The board of trustees of an independent school shall adopt harassment policies and
establish procedures for dealing with harassment. 16 VSA §166(e).
Independent schools shall adopt a gun-free school policy for any portion of the school
day during which the students participate in local education agency (LEA) programs
or activities. Nothing prohibits an independent school from adopting a gun-free
school policy for the entire school program. 16 VSA §1166.
Persons knowingly and unlawfully delivering or selling a regulated drug on a school
bus or in real property comprising a private elementary, secondary, or vocational
school will, in addition to any other penalty, be sentenced to a term of imprisonment
of not more than ten years. 18 VSA §4237.
State Regulation of Private Schools—Vermont
281
Transportation
Each legal pupil, as defined in Section 1073 of this title, entitled or required to attend
an elementary school, or a secondary school may be furnished with total or partial
transportation to school, or board, as in the opinion of the board of school directors is
reasonable and necessary to enable him to attend school. Each board shall adopt a
transportation policy for pupils required to attend school in accordance with the
procedure specified in Section 563(1) of this title. 16 VSA §1222.
Textbooks
The state librarian will deliver a published copy of the state papers of Vermont to the
library of a private high school, upon request. 3 VSA §117.
Testing
An approved independent school accepting students for whom the district of
residence pays tuition under Chapter 21 of this title shall use the assessment or
assessments required under Subdivision 164(9) of this title to measure attainment of
standards for student performance of those pupils. In addition the school shall
provide data related to the assessment or assessments as required by the
commissioner. 16 VSA §166(g).
Special Education
The commissioner of education establishes minimum standards of services for
students receiving special education in independent schools; maximum rates to be
paid by the department and school districts for tuition, room, and board, based on the
level of services; and may advise independent schools as to the need for certain
special education services in Vermont. 16 VSA §2973.
Nursing and Health
Independent schools may participate in Vermont's school lunch program operating
under federal programs. 16 VSA §172. 1946-48 Op. Atty. Gen. 92.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
There is no state policy at this time.
State Regulation of Private Schools—Vermont
282
Public Aid for Private Education
Constitutional provisions: The Vermont Supreme Court has held that a
reimbursement of tuition to a sectarian high school under this provision is not
prohibited by the Establishment Clause of the First Amendment to the United States
Constitution. Campbell v. Manchester Bd. of School Directors, 641 A.2d 352 (Vt.
1994).
Programs for financial assistance for attendance at private schools: Tuition
assistance began with an 1869 law that allowed for tuition support of students to
attend private school when the local Vermont school district does not have available
public schooling.
State general aid may be used by a town school district or an incorporated school
district for tuition to approved independent schools. 16 VSA §3445.
The electorate of a school district that does not maintain an elementary school may
grant authority to the school board to pay tuition for elementary pupils at approved
independent nonresidential elementary schools upon request of the parent or
guardian, if in the board's judgment, the pupil's educational interests can be better
served there than at another public school district. 16 VSA §821.
The electorate of a school district that does not maintain an approved high school may
provide for the high school education of its pupils by paying tuition to an approved
public or independent high school selected by the parents or guardians of the pupil,
within or without the state. 16 VSA §822.
School districts will pay high school tuition charged its resident pupils who attend an
independent school in Vermont that functions as an approved area technical center or
an independent school meeting public school standards. 16 VSA §824.
Vermont school districts that do not maintain an approved public high school may
designate an approved independent school as the public school of the district and pay
the tuition charges to the independent school. If a parent or guardian is dissatisfied
with the instruction, cannot obtain a course or instruction desired, or whose child can
be better accommodated in an approved high school nearer to his home, he may
request the school board to pay tuition to another approved high school. 16 VSA §827.
Religious schools may not be designated by school districts and tuition charges
cannot be paid to the religious school. Chittenden Town School District v. Vermont
Department of Education, 738 A.2d 539 (Vt.1999).
Persons aggrieved by a school board's decision relating to tuition payments may
appeal to the state board and its decision shall be final. 16 VSA §828.
An independent school serving publicly placed students must notify the sending
school board and the commissioner of any proposed tuition increases on or before
February 1 in any year. The increase will not become effective without the notice and
not until the following school year. 16 VSA §826.
The state treasurer may issue bonds to assist independent schools meeting public
school standards which serve as public high schools, receive their principal support
from public funds, and are supervised by a board of trustees, two-thirds of the
membership being appointed by the selectmen of a town or by the city council or
both. Independent schools aggrieved by an allocation or award may appeal to the
county superior court. 16 VSA §§3447, 3450. These independent schools may also
State Regulation of Private Schools—Vermont
283
apply to the State Board for construction aid for additions, alterations, and acquisition
of facilities. 16 VSA §3448.
Homeschooling
Homeschooling is an education program offered through home study that provides a
minimum course of study and is offer to no more than the children residing in that
home and two or fewer children not residing in that home from one family. 16 VSA
§11(21).
Parents wishing to homeschool their child must file a written notice with the
commissioner each year. The notice must contain the name and age of the child,
contact information for parent and instructor, assessment of the previous year if the
child was homeschooled in the previous year, evidence that the child is or is not
handicapped, a description of the content in each area, the name of the resident school
district, and the signature of the parents. 16 VSA §166b
Home study programs in Vermont must provide a minimum course of study in the
following fields: basic communication, including reading, writing, and the use of
numbers; citizenship, history, and government in Vermont and the United States;
physical education and comprehensive health education; English, American, and
other literature; the natural sciences; and the fine arts. 16 VSA §906(a) and (b).
Students 13 years or older in a home study program are no longer required to study
physical education, comprehensive health, and the fine arts. An Act Relating to Home
Study Programs, signed into law 2006. 16 VSA §166(b).
Qualified home study programs do not have to submit the minimum course of study
to the Department of Education. A qualified home study program is a program that
has, for two consecutive years, not been disallowed by the order of a hearing officer,
meets home study program requirements by the state, and the student‘s progress
commensurate with the age and ability in all subject areas of the minimum course of
study. An Act Relating to Home Study Programs, signed into law 2006. 16 VSA
§166(b).
An annual assessment is required. Several options are open to parents, including
assessment by a Vermont certified teacher or a teacher from an approved Vermont
private school, a standardized achievement test, or a report by the instructor
accompanied by a portfolio of the child‘s work.
Public schools may allow homeschools to use the resources of the public school. A
child eligible for special education services does not lose the right to services if
homeschooling is chosen. Acceptance of homeschool credit is at the discretion of the
receiving school or college. No public high school diploma is issued for a
homeschooled child.
Information resources
Vermont Department of Education: Home Study
<http://education.vermont.gov/new/html/pgm_homestudy.html>
Vermont Statutes <http://www.leg.state.vt.us/statutes/statutes2.htm>
Vermont Department of Education
120 State Street
Montpelier, VT 05620-2501
State Regulation of Private Schools—Vermont
284
Phone: 802-828-3135
Fax: 802-828-3140
E-mail: doe-Edinfo@state.vt.us
Web site: http://www.education.vermont.gov/
U.S. Department of Education, Vermont
Updated October29, 2008
285
VIRGIN ISLANDS
Registration/Licensing/Accreditation: The commissioner of education will accredit
parochial or private schools on a voluntary basis if the building, equipment, curriculum
and teaching personnel have "efficiency substantially equal" to public schools of like
grade. The commissioner will not issue a certificate of accreditation unless the
commissioner has conducted a qualitative review and assessment, and approved each
program or course of study of the school; and, the school has submitted data on its
facilities, financial resources, administrative capabilities and faculty to afford and require
of students the completion of an educational program. Accredited schools are subject to
annual inspections by the commissioner to determine whether the school's standards have
been maintained. Accredited schools must display the certificate of accreditation in a
conspicuous place. The commissioner may recognize a certificate of accreditation issued
from recognized regional accrediting agencies. V.I. Code Ann. Title 17, §§192, 193.
No nonpublic school may operate in the Virgin Islands without a certificate of operation.
The criteria for operation need not be as high as those that qualify a school for a
certificate of accreditation. The Department of Education will review all applications to
operate nonpublic schools and issue the Certificate of Operation if the school satisfies the
rules and regulations of the Virgin Islands Board of Education regarding: 1) the quality
and content of educational courses proposed; 2) adequate space, equipment, instructional
material, and personnel; 3) enrollment that is within reason; 4) instructors that hold
credentials of their profession; 5) administrators, owners, and directors are of good and
moral reputation and demonstrate professional character; 6) school compliance with local
and federal regulations; 7) school records that show student attendance, progress and
financial stability; 8) a course outline given to students upon enrollment; 9) a written
copy of course outline, schedule of tuition, fees, and enrollment information. V. V.I. Code
Ann. Title 17, §194.
Recordkeeping/Reports: Private, denominational and parochial schools must report the
name, age, and grade of every child enrolled and other requested information to the
Department of Education at the opening of school and at other times when directed by the
Commissioner. V.I. Code Ann. Title 17, §96.
Length of School Year/Day: The school year begins no earlier than the first Tuesday
after the first Monday in August and ends not later than the last Friday in May, provided
that the school calendar includes no less than 1,080 hours of pupil instruction. Act No.
5961, April 6, 1994.
Students attending parochial, denominational or private schools regularly and punctually
and enrolled in the appropriate grade are exempt from attendance in public schools. V.I.
Code Ann. Title 17, §85.
State Regulation of Private Schools—Virgin Islands (archived chapter)
286
Discrimination: Under the Virgin Islands' nondiscrimination statute, parochial and
denominational schools may modify tuition expenses and give preference in admission to
members of the religious body maintaining the school. V.I. Code Ann. Title 10, §5.
Teacher Certification: All persons teaching in nonpublic schools must be licensed by
the Virgin Islands Board of Education. V.I. Code Ann. Title 17, §126.
Special Education: The Department of Education may contract with private schools to
provide services to children with disabilities when the Department is unable to provide
services V.I. Code Ann. Title 17, §288.
Health: Health services, i.e., medical and dental health appraisals, vaccinations and
immunizations, are provided to private and parochial school students prior to entrance
into kindergarten or 1st grade, 5th grade and 9th grade, or upon entrance to the school if
that pupil has not been previously examined at another school. V.I. Code Ann. Title 17,
§111. Parents may provide health services at their own expense and furnish the
physician's report to the Department of Education. V.I. Code Ann. Title 17, §114(c).
Safety: Individuals apprehended for the distribution of a controlled substance within
1,000 feet of a private or parochial school will be sentenced an additional minimum
sentence of at least two years confinement. V.I. Code Ann. Title 19, §604.
Transportation: It is the policy of the Virgin Islands to provide free transportation to
school for school-age children residing within and without the urban areas of the Virgin
Islands. V.I. Code Ann. Title 17, §1; V.I. R. & Regs, title 17, § 101-1 et seq.
Homeschooling: Parents must file with the commissioner of education a Notice of Intent
Home Instruction of Student At Home form. A Notice of Intent will be effective for up to
one school year. The filing of the Notice of Intent must occur within 10 days of the start
of the home instruction program. A completed form is one that provides basic program
information, including the name of teacher, subjects to be taught, days of instruction, and
teacher's method of assessment. The Department of Education will conduct a semi-annual
Portfolio Review. By filing the Notice of Intent, the parent acknowledges full
responsibility for the education of his or her child, but in no way constitutes approval by
the school district of the program of home instruction. The school district shall provide
whatever reasonable assistance it can to ensure that children instructed at home benefit
appropriately from home instruction, including but not limited to, Promotional and
Retention Policies, grade level standards, and sample portfolios. V.I. Code Ann. Title 17,
§84.
Public Aid for Private Schools/Private School Students: Government subsidies may be
granted to nonpublic schools for strictly educational purposes, but not to denominational
or sectarian schools. V.I. Code Ann. Title 17, §191.
Seniors attending accredited private or parochial high schools may apply for partial
grants for educational or cultural class trips abroad. V.I. Code Ann. Title 17, §371.
State Regulation of Private Schools—Virgin Islands (archived chapter)
287
Graduates from parochial high schools are eligible to apply for scholarships in nursing
and related medical fields that are awarded by the commissioner of health. V V.I. Code
Ann. Title 17, §180.
Miscellaneous: Private elementary and secondary schools are subject to an annual
license fee of $200. V.I. Code Ann. Title 27, §302.
The commissioner of education is responsible for disseminating materials to private and
parochial school for the celebration of John P. Scott Day, Melvin H. Evans Day,
Rothschild Francis Day, and Cyril Emmanuel King Day. V.I. Code Ann. Title 1, §§180,
186-188.
Nonpublic school libraries may participate in the Virgin Islands Library Network, a
cooperative, coordinated, multi-type network of libraries located on the Virgin Islands.
V.I. Code Ann. Title 3, §28d. In addition, private and parochial school libraries can access
public government documents through depository libraries maintained by the territorial
librarian. V.I. Code Ann. Title 3, §883.
The Commissioner of education has a statutory duty to promulgate rules and regulations
to implement the federal Family Educational and Privacy Rights Act as applicable to
private schools to ensure privacy and confidentiality of student educational records. V.I.
Code Ann. Title 17, §98.
2000—Archived Chapter12
Virgin Islands Department of Education
1834 Kongens Gade
Charlotte Amalie, VI 00802
Phone: 340-774-0100
Fax: 340-779-7153
Website: http://www.doe.vi/
12 This chapter on the Virgin Islands is from the (archived) 2000 edition of the report on State Regulation of
Private Schools. It will be replaced with a revised chapter upon completion of review and approval of the
updated chapter by Virgin Island officials.
288
VIRGINIA
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Board of Education does not accredit private schools. The Virginia
Council for Private Education (VCPE), a private umbrella organization of
associations whose membership is comprised associations that are approved to
accredit private schools. The board recognizes accreditation by VCPE
member organizations. Va. Code §22.1-19.
State law only guarantees that private school course credits will be recognized
if they were completed at a state-recognized accredited school. Va. Code
§22.1-19.
No requirement for Registration.
Licensing is optional.
Licensing by the Board of Education is mandatory for private schools serving
students with disabilities unless otherwise approved or accredited. Va. Code
§22.1-320.
The license of each school that continues to operate as such shall be renewed
on or before the anniversary date set by the Department. Every license that has
not been renewed in accordance with these provisions shall expire and a new
license shall be obtained from the board before such school may continue to
operate, for which an original application must be submitted. The application
shall be accompanied by such information deemed necessary by the board.
Va. Code §22.1-328.
Licensing for preschools is mandatory unless the school qualifies for an
exemption from the state. Va. Code §63.2-1717.
Approval is optional.
Approval is one option to satisfy the licensing requirement for private schools
serving students with disabilities.
Teacher Certification
Teacher certification is not required by the state; however, an approved accrediting
association may set its own requirements for teacher credentials.
Length of School Year/Days
Virginia's compulsory attendance laws require children to attend school, public,
private, denomination or parochial, during the period of each year the public schools
are in session and for the same number of days and hours per day as the public
schools. The length of the school term for public schools is 180 days or 990 hours.
Va. Code §22.1-254.
Curriculum
The state does not require a specific curriculum for private schools.
State Regulation of Private Schools—Virginia
289
Recordkeeping/Reports
Every teacher in Virginia must keep an accurate daily record of attendance of
children enrolled. The record must be open for inspection and may be admitted into
evidence for prosecutions of violations of the compulsory school attendance laws. Va.
Code §22.1-259.
Schools must record each student's immunizations on the school immunization record
provided by the State Department of Health for the student's permanent record. The
record must be kept open for inspection by the State Department of Health and the
local health department. Within 30 days of the start of school, private schools must
file a report with the local health department stating the number of students admitted
with documentary proof of immunization, the number of students admitted with a
medical or religious exemption, and the number of students conditionally admitted.
Va. Code §22.1-271.2.E.
Health and Safety Requirements
No student may be admitted by a school unless the student submits documentary
proof of immunization, an affidavit stating the immunizations conflict with the
student's religious tenets, or certification from a physician that the immunization is
detrimental to the student's health. Students may be admitted conditionally if their
immunizations are incomplete and they submit a schedule for completion within 90
days. The state health commissioner has the authority to exclude children from school
who are not immunized in the event of an outbreak, potential epidemic, or epidemic.
Va. Code §22.1-271.2, §32.1-47.
The state health commissioner has the authority to inspect dining accommodations of
private schools upon presentation of credentials and consent by the owner. Va. Code
§35.1-1 [includes school cafeterias in the definition of ―restaurant]; 35.1-5 [Gives the
commissioner of the Virginia Department of Health the right to inspect].
Employees of private schools who have reason to suspect that a child is an abused or
neglected child must report the matter immediately to the local social services
department of the county or city where the child resides or where the alleged abuse
occurred. Va. Code §63.1-248.3. [Va. Code §63.2-1509. (Effective March 31, 2009)].
It is a criminal offense in Virginia to distribute any controlled substance, imitation
controlled substance, or marijuana on the property of a private elementary or
secondary school, within 1,000 feet of the school, or on any school bus. Va. Code
§18.2-255.2A.
Virginia's criminal code prohibits 1) the willful discharge of a firearm, unless
justifiable by law; 2) brandishing a firearm in such a manner as to reasonably induce
fear of being shot or injured; and 3) possession of a stun weapon, taser, or weapon
other than a firearm, in any private or parochial elementary, middle or high school or
within 1,000 feet of the school. Va. Code §§18.2-280B; 18.2-282A; 18.2-308.1.
It is a misdemeanor to possess a beeper or similar portable communications device on
the grounds of any private elementary, middle or secondary school. Va. Code §18.2-
322.1A.
State Regulation of Private Schools—Virginia
290
The Virginia Alcoholic Beverage Control Board may refuse to grant a liquor license
if the location of the applicant would adversely affect the operations of a private or
parochial school. Va. Code §4.1-222.
The governing board of a private school must furnish protective eye devices, free or
at cost, for students, teachers, and visitors participating in specified vocational or
industrial arts shops or laboratories. Va. Code §22.1-275.
All applicants for full-time, part-time, permanent or temporary employment at an
accredited private school are required to submit to fingerprinting and to provide
personal descriptive information to be forwarded along with the applicant‘s
fingerprints through the Central Criminal Records Exchange to the FBI for the
purpose of obtaining criminal history record information as a condition of
employment. This is not a requirement for non-accredited schools. Va. Code §22.1-
296.3.
Transportation
Local school districts may enter into agreements with private schools to provide
transportation but are not required to do so. Va. Code § 22.1-176.1.
Parochial and private schools may not hire a school bus driver unless the individual
meets the qualifications required of public school bus drivers and presents the
necessary documentation. Va. Code §22.1-180.
School buses transporting pupils to and from private or parochial schools, may not
discharge pupils in a manner that the child must cross a highway with two or more
roadways separated by a physical barrier or unpaved area, or a highway with five or
more lanes with the center lane a flush median marked for turning traffic only. Va.
Code §46.2-918.
Textbooks
―With the approval of the local school board and the publisher, any private school
within the school division that so requests may purchase from the local school board's
contract with the publisher. Such private school shall be fully responsible for
ordering, purchasing, and receiving shipments of books to be provided from the
publisher pursuant to this section. The local school board shall be immune from any
civil liability as a result of a private school purchasing from the local school board's
contract.‖ Va. Code §22.1-241.D.
Testing
Private school students are not required to participate in state administered tests.
Special Education
A school division may publicly place a disabled child in a nonsectarian private school
approved by the Board of Education or another licensing agency if the school division
is unable to provide a free appropriate public education for the child. Va. Code §22.1-
216.
The Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. does not
require Virginia to place handicapped children in nonapproved private schools.
Schimmel ex rel. Schimmel v. Spillane, 819 F.2d 477 (4th Cir. 1987).
State Regulation of Private Schools—Virginia
291
Facilities housing schools for children with disabilities must be inspected and
approved by the board. At least one unannounced inspection of each residential
school for children with disabilities must be made annually. Va. Code §22.1-319 et
seq.
Private educational institutions that accept state funds may not deny admission, full
and equal access, or the enjoyment of any educational or extracurricular program to
an otherwise qualified person with a disability. Va. Code §51.5-42.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
Property owned by nonprofit institutions of learning and used primarily for
educational purposes is exempt from state and local taxation. Va. Const. Art. X,
Section 6(4).
Fairfax, Arlington, Dinwiddie and Prince George counties are authorized to tax
admission charged for attendance at private elementary and secondary school-
sponsored events, including events sponsored by school-recognized student
organizations. Charlotte County, Clarke County, Madison County, Nelson County,
and Sussex County are authorized to levy a tax on admissions charged for attendance
at any spectator event—however ―spectator event‖ is not defined. Va. Code §§ 8.1-
3817; 58.1-3818.
Public Aid for Private Education
Constitutional provisions: Under Virginia's constitution, no appropriation may be
made to any school not owned or exclusively controlled by the state or a political
subdivision; provided, the General Assembly may make appropriations for the
elementary and secondary education of Virginia students in nonsectarian private
schools. Va. Const. Art. VIII, Section 10.
Programs for financial assistance for attendance at private schools: A program
does not exist at this time.
Homeschooling
Instruction in the home of a child or children by the parent, guardian, or other person
having control or charge of such child or children shall not be classified or defined as
a private, denominational or parochial school. Va. Code §22.1-254.A.
State Regulation of Private Schools—Virginia
292
Parents providing home instruction are in compliance with the compulsory attendance
law if you have met all of the requirements of the Code of Virginia governing home
instruction. Va. Code §22.1-254.1.
Parents may also teach their own children under the ―tutor‖ provision or the
―religious exemption‖ provision of the compulsory attendance law. Va. Code
§§22.1-254.A, 22.1-254.B.1.
Parents are permitted to provide home instruction in lieu of school attendance if they
meet any one of the following four conditions. The teaching parent: 1) holds a high
school diploma or higher credential certificate (a high school equivalency will not
satisfy this requirement); 2) meets the qualifications for a teacher prescribed by the
board of education; 3) enrolls the child or children in a correspondence course; or 4)
provides evidence that parent is able to provide an adequate education for the child.
Va. Code §22.1-254.1.
To assess a parent‘s ability to provide an adequate education, the school division
superintendent should determine whether the information submitted exhibits a
mastery of language by the writer; whether it includes plans for instructional
activities; and whether it presents a reasonable scope and sequence of content that
shows a broad overview of what the parent plans to teach the child during the school
year. Effective July 1, 2008, parents are no longer required to use correspondence
courses approved by the superintendent of public instruction and local school division
superintendents no longer have to review the program of study or curriculum
provided to ensure that it contains the Standards of Learning (SOL) for language arts
and mathematics. Va. Code §22.1-254.1.A.
The parent also is required to provide the school division with a description of the
curriculum to be followed. Curriculum submission is for informational purposes
only; the school division superintendent is not required to evaluate or judge the
curriculum. Va. Code §22.1-254.1.
A parent who elects to home instruct must: 1) notify the school division
superintendent no later than August 15 of the intent to do so for the coming school
year; 2) provide a description of the curriculum to be followed for the coming year;
and 3) provide evidence of having met one of the criteria to permit home instruction.
Parents who move into the school division or begin home instruction after the school
year has begun must notify the school division superintendent of their intent to
provide home instruction as soon as practicable and comply with the provisions of the
statute within 30 days of this notice. Va. Code §22.1-254.1.B.
By August 1, the parent is required to submit evidence of the child‘s academic
achievement in one of the following ways: 1) evidence that the child has attained a
composite score in or above the fourth stanine on a batter of achievement tests
approved for use in the public schools; or 2) an evaluation or assessment which, in the
judgment of the division superintendent, indicates that the child is achieving an
adequate level of education growth and progress. Va. Code § 22.1-254.1.C.
The 2008 General Assembly session passed new language in the Code that allows
parents additional options as evidence of the child‘s academic achievement
―including but not limited to: (a) an evaluation letter from a person licensed to teach
in any state, or a person with a master's degree or higher in an academic discipline,
having knowledge of the child's academic progress, stating that the child is achieving
State Regulation of Private Schools—Virginia
293
an adequate level of educational growth and progress; or (b) a report card or transcript
from a community college or college, college distance learning program, or home-
education correspondence school.‖ The amended law clarifies that these are
acceptable options but maintains the requirement that the division superintendent
determine that the child is achieving an adequate level of educational growth and
progress. Va. Code §22.1-254.1.C.
Local school boards may permit part-time attendance of homeschooled and private
school students. Students may be allowed to enroll in classes in English, mathematics,
science, history or social science, foreign language, vocational education, and fine
arts. Va. Code §22.1-253.13:2.N.
Participation in certain interscholastic activities such as varsity sports is governed by
policies of the Virginia High School League. Other extracurricular activities are
governed by policies of the local school board. Virginia Administrative Code, 8 VAC
20-131-200.
It is not required that children being taught at home be allowed to participate in
extracurricular or special programs offered by the school division. In the absence of
program guidelines for the specific request, local school board policy prevails.
Information resources
Virginia Council for Private Education <http://www.vcpe.org/>
Virginia Department of Education: Home Instruction Index
<http://www.doe.virginia.gov/VDOE/Parents/index.html#homeinstruction>
Virginia Department of Education: Home Instruction Frequently Asked Questions
<http://www.doe.virginia.gov/VDOE/Parents/home-instruction-faq.pdf>
Virginia Department of Education: Home Instruction in Virginia
<http://www.doe.virginia.gov/VDOE/Parents/homeinst.pdf>
Virginia Department of Education: Regulations Establishing Standards for
Accreditation of Public Schools in Virginia (8 VAC 20-131-200)
<http://www.doe.virginia.gov/VDOE/Accountability/soafulltxt.pdf>
Virginia General Assembly: Code of Virginia
Title 22.1: Education
< http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC2201000>
Virginia Department of Education
P.O. Box 2120
James Monroe Building
101 North 14th Street
Richmond, VA 23218-2120
Phone: 804-225-2420
Web site: http://www.doe.virginia.gov/
U.S. Department of Education: Virginia
Updated February 11, 2009
294
WASHINGTON
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
The Washington State Board of Education will accredit private schools that
voluntarily apply for accreditation and meet established standards and
procedures so long as no secret societies are knowingly allowed to exist
among its students. RCW 28A.305.130(5).
No requirements for Registration.
No requirements for Licensing.
Approval is mandatory.
Attendance at a private school complies with Washington's compulsory school
attendance statute if the school is approved. Washington approves private
schools based on their compliance with minimum requirements pertaining to
(1) length of school year/day; (2) teacher certification; (3) safeguarding of
permanent records; (4) compliance with reasonable health and fire safety
requirements; (5) curriculum; and (6) an up-to-date policy statement regarding
the administration and operation of the school. RCW 28A.305.130(5);
28A.195.010; 28A.225.010(1)(a).
The Washington State Board of Education denies approval to any private
school engaging in a policy of racial segregation or discrimination. RCW
28A.195.040.
By statute, the Washington State Board of Education has one member to
represent the private schools elected by the members of the boards of directors
of approved private schools in the state that meet the minimum requirements
of RCW 28A.305.010.
By statute, the superintendent of public instruction is directed to appoint a
private school advisory committee that is broadly representative of educators,
legislators, and various private school groups in the state of Washington. RCW
28A.195.050.
Teacher Certification
All classroom teachers must hold appropriate Washington state certification except
teachers for religious courses or courses for which no counterpart exists in the public
schools. In exceptional cases, people of unusual competence without certification
may teach so long as a certified person exercises general supervision. Annual written
statements must be submitted to the superintendent of public instruction reporting and
explaining such circumstances. RCW 28A.195.010(3).
Length of School Year/Days
The minimum school year consists of no less than one hundred eighty school days or
the equivalent in annual minimum program hour offerings, i.e. grade kindergarten—
450 hours; Grades 1 through 12—1,000 hours. The state requirements relating to
State Regulation of Private Schools—Washington
295
assigned percentages of total program hour offerings prescribed for public schools do
not apply to private schools and private sectarian schools. RCW 28A.195.010(1), (2).
Curriculum
Private school curriculum shall include instruction of the basic skills of occupational
education, science, mathematics, language, social studies, history, health, reading
writing, spelling, and the development of appreciation of art and music, all in
sufficient units for meeting state board of education graduation requirements. All
selection of books, teaching material, curriculum (except as provided above) are the
responsibility of the administration of the particular private school. RCW
28A.195.010(7)(8) et seq.
Private schools may voluntarily choose to have their students master Washington's
essential academic learning requirements, take state assessments, and obtain
certificates of mastery, but are not required to do so. RCW 28A.195.010.
By statute, Washington recognizes the rights of private schools to teach their religious
beliefs, to pray, to teach patriotism, require students to salute the flag, and to require
prior written consent by the parent or guardian for the administration of psychological
testing or group therapy. RCW 28A.195.020.
School districts shall permit private school students to enroll part time in the local
public schools to take courses or receive ancillary services offered by the public
school and not available in the private school. RCW 28A.150.350(1)(d).
The Educational Service District Boards may give private schools access to the
depository and distribution centers for films, tapes, charts, maps and other
instructional materials so long as the schools pay the actual costs for services
established by the board. RCW 28A.310.180.
Recordkeeping/Reports
Principals of private schools or superintendents of private school districts must file
each year with the superintendent of public instruction a statement certifying that
minimum requirements are being met. (See above factors on approval.) If the private
school notes any deviation from the minimum requirements, the state superintendent
will notify the school of the deviations which must be corrected. In case of major
deviations, the school may request provisional status for one year to meet the
requirements. RCW 28A.195.010; WAC 180-90-139.
Private schools shall report the school's attendance to the educational service district
superintendent by June 30th of each year on forms provided. RCW 28A.195.060.
Private schools shall take appropriate measures to safeguard all permanent records
against loss or damage. RCW 28A.195.010(5).
Private K–12 schools must provide parents access to academic, attendance, and
disciplinary records, absent a court order to the contrary. Neither parent may veto the
access requested by the other parent. RCW 26.09.225.
The county governing authority and the development disability board shall be eligible
to obtain confidential information from private schools to provide requisite services
for the developmentally disabled. RCW 71A.14.070.
Private schools must maintain up-to-date immunization records for each student in
attendance. RCW 28A.210.080. See Health and Safety Requirements, below.
State Regulation of Private Schools—Washington
296
Private schools must maintain up-to-date policy statements regarding the
administration and operation of the school. All decisions of policy, philosophy,
school rules, and administration, unless specifically regulated under RCW
28A.195.010, are the responsibility of the administration of the particular private
school. RCW 28A.195.010(8) et seq.
Private schools may appeal the actions of the state superintendent of public
instruction or the state board of education. RCW 28A.195.030.
Health and Safety Requirements
Attendance at private schools is conditioned upon proof of either (1) full
immunization; (2) the initiation of compliance with a schedule of immunization; or
(3) a certificate of exemption. RCW 28A.210.080.
A private school's chief administrator, or his designee, shall (1) retain each child's
proof of immunization or certification of exemption while the child is enrolled; (2)
retain records for three years of each child excluded from school for failure to comply
with the immunization requirements; (3) file a written annual report on forms
provided by the Department of Health on the immunization status of students
enrolled; and (4) allow agents of the state and local health departments to access the
records during business hours for the purpose of inspection and copying. RCW
28A.210.110.
Prior to the exclusion of a child, the private school must provide written notice to the
parent or guardian concerning: (1) the immunization requirements; (2) prohibited
attendance until compliance; (3) procedural due process rights as required by the
state; and (4) immunization services available through the local health department
and other public agencies. RCW 28A.210.120.
Private K–12 schools may administer oral medication to students but are not required
to do so. If a private school administers medication, the school must adopt policies,
under the advice of a licensed physician or nurse, addressing: (1) the designated
responsible employees; (2) parental requests and instructions; (3) in the case of
medication for more than 15 consecutive school days, a dentist's or physician's
request and instructions; (4) identification of medicine; (5) safekeeping of medicines;
and (6) maintaining records of the administration of medication. Parental and
dentist/physician requests must be in writing and current. Employees administering
medication must be trained by a professional and take precautions to determine that
the medication appears to be in its original container and properly labeled. RCW
28A.210.260.
Private school employees administering oral medication to a student in compliance
with state requirements are not liable in any criminal action or civil action for
damages. The administration of oral medication may be discontinued without liability
provided that the school's chief administrator or his designee has given notice in
advance of the date of discontinuance to the parent or guardian. RCW 28A.210.270.
Private schools may provide for, but are not required to, the catheterization of
students without liability provided they comply with requirements adopted by the
state nursing care quality assurance commission, the school's own written policies,
and state requirements. RCW 28A.210.280, 290, 295; 41.56, 59.
State Regulation of Private Schools—Washington
297
State grants awarded to school districts under the Substance Abuse Awareness
Program for drug and alcohol abuse prevention and intervention programs may be
used to provide services for students enrolled in approved private schools. RCW
28A.170.090(2).
By statute, the Liquor Control Board does not intend to issue a retail liquor license to
a proposed licensee if it would adversely affect an approved private school located
within 500 feet. If a license is issued, the board will inform the private school of the
reasons for issuing the license. RCW 66.24.010(9).
The physical facilities of a private school must be adequate to meet the program
offered by the school. Each school building must meet reasonable health and fire
safety requirements. RCW 28A.195.010(6).
It is a criminal act in Washington to threaten to bomb or otherwise injure any private
school, or to communicate any information concerning such a threat knowing the
information is false with an intent to cause alarm. RCW 9.61.160.
The superintendent of public instruction, through a superintendent of schools of any
school district or an office or board performing like functions, may appoint a school
patrol from the student body of a private school to assist in school children crossing
public highways. RCW 46.61.385.
Persons intentionally manufacturing, selling, delivering or possessing a controlled
substance to a person in a school, school bus, within 1,000 feet of a school bus stop,
or within 1,000 feet of the perimeter of the school grounds, may receive up to twice
the usual fines and imprisonment. RCW 69.50.435.
Transportation
Local school district boards may jointly make purchases with private schools for
supplies, equipment, and services, including, but not limited to, school bus
maintenance services, so long as the private schools pay in advance or provide a
surety bond for their proportionate share of the costs involved. RCW 28A.320.080.
Textbooks
Surplus texts and other education aids are available to private schools. RCW
28A.335.180.
Private schools have the same rights as any other person to submit bids for the rental,
lease, or sale of surplus real property owned by the local school districts. RCW
28A.335.040; 28A.335.120.
Testing
The state board of education shall not require private school students to meet the
student learning goals, obtain a certificate of academic achievement, or a certificate of
individual achievement to graduate from high school, to master the essential
academic learning requirements, or to be assessed pursuant to RCW 28A.655.061.
However, private schools may choose, on a voluntary basis, to have their students
master these essential academic learning requirements, take the assessments, and
obtain a certificate of academic achievement or a certificate of individual
achievement. RCW 28A.195.010.
State Regulation of Private Schools—Washington
298
Special Education
―In addition to services to private school students who are unilaterally enrolled by
their parents, private school students and homeschooled students are entitled to enroll
on a part-time basis in their resident district and receive special education and related
services for which they are enrolled, pursuant to Chapter 392-134 WAC.‖ WAC 392-
172A-04000 thru 04015 and 392-172A-04075.
―No services, material, or equipment of any nature shall be provided to any private
school or agency subject to sectarian (i.e., religious) control or influence.‖ In
addition, ―No services, material, or equipment of any nature shall be provided to
students on the site of any private school or agency subject to sectarian control or
influence.‖ WAC 392-172A-04075.
Nursing and Health
The superintendent of public instruction with regard to public schools and the state
board of education with regard to private schools, in consultation with the state board
of health, shall each adopt rules pursuant to Chapter 34.05 RCW that establish the
procedural and substantive due process requirements governing the exclusion of
children from schools pursuant to RCW 28A.210.120. RCW 28A.210.160.
Technology
There is no state policy at this time.
Professional Development
A holder of a certificate subject to expiration may renew such certificate subject to
the rules in effect at the time of such renewal, unless otherwise stipulated by the
provisions of WAC 181-79A-123. WAC 181-79A-127; RCW 28A.410.010.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
To qualify for exempt tax status for real or personal property, private schools must
file an initial application on or before March 31 with the Washington State
Department of Revenue. To requalify, applicants must file an annual renewal
application on or before March 31. Schools must annually file an affidavit on
prescribed forms certifying the exempt status of the property. When a school acquires
real property qualified for the exemption or converts real property to exempt status,
the school must file an initial application for the property within 60 days, or bear a
late filing penalty. Computer software is specifically exempt from property taxation
by statute. RCW 84.36.815, 84.36.600.
Public Aid for Private Education
Constitutional Provisions: "All schools maintained or supported wholly or in part
by the public funds shall be forever free from sectarian control." Wash. Const. Art.
IX, §4.
State Regulation of Private Schools—Washington
299
"No public money or property shall be appropriated for or applied to any religious
worship, exercise or instruction, or the support of any religious establishment….‖
Wash. Const. Art. I, §11.
Programs for financial assistance for attendance at private schools: There are no
such programs at this time.
Homeschooling
Each parent whose child is receiving home-based instruction shall have the duty to: 1)
File annually a signed declaration of intent to homeschool his or her child, including
whether a certified person will be supervising the instruction; 2) Ensure that test
scores or annual academic progress assessments and immunization records are
forwarded to any public or private school to which the student may later transfer; 3)
Ensure that a standardized achievement test approved by the state board of education
is administered annually to the child by a qualified individual or that an annual
assessment of the child's academic progress is written by a certificated person who is
currently working in the field of education. If, as a result of the annual test or
assessment, it is determined that the child is not making reasonable progress
consistent with his or her age or stage of development, the parent shall make a good
faith effort to remedy any deficiency. RCW 28A.200.010.
All decisions relating to philosophy or doctrine, selection of books, teaching materials
and curriculum, and methods, timing, and place in the provision or evaluation of
home-based instruction shall be the responsibility of the parent except for matters
specifically referred to in RCW 28A.200.010; 28A225.010. RCW 28A.200.020.
Furthermore, the legislature recognizes that home-based instruction is less structured
and more experimental in nature than instruction normally provided in a classroom
setting. Therefore, the provisions relating to the nature and quantity of instructional
and related educational activities shall be liberally construed. RCW 28A.225.010(4).
Home-based instruction shall consist of planned and supervised instructional and
related educational activities, including a curriculum and instruction in the basic skills
of occupational education, science, mathematics, language, social studies, history,
health, reading, writing, spelling, and the development of an appreciation of art and
music, provided for a number of hours equivalent to the total annual program hours
per grade level established for approved private schools under RCW 28A. 195.010.
The instruction must be provided by the parent who is instructing only his or her own
child and supervised by a certificated person; or provided by the parent who is
instructing only his or her own child and who has earned either 45 college level
quarter credit hours or its equivalent in semester hours or has completed a course in
home-based instruction at a postsecondary institutions or vocational-technical
institute; or provided by a parent who is deemed sufficiently qualified to provide
home-based instruction by the superintendent of the local school district in which the
child resides. RCW 28A.225.010(4).
Information resources
Washington Office of the Superintendent of Public Instruction: Office of Private
Education <http://www.k12.wa.us/PrivateEd/default.aspx>
State Regulation of Private Schools—Washington
300
Washington Office of the Superintendent of Public Instruction: Private Schools
Statutes and Regulations
<http://www.k12.wa.us/PrivateEd/PrivateSchools/regulations.aspx>
Washington Office of the Superintendent of Public Instruction: Home Based
Instruction Regulations
<http://www.k12.wa.us/PrivateEd/HomeBasedEd/regulations.aspx>
Revised Code of Washington <http://apps.leg.wa.gov/rcw/>
Washington Administrative Code <http://apps.leg.wa.gov/wac/>
Washington Office of the Superintendent of Public Instruction
Old Capitol Building
600 Washington Street, S.E.
P.O. Box 47200
Olympia, WA 98504-7200
Phone: 360-725-6000
Fax: 360-753-6712
TTY: 360-664-3631
Web site: http://www.k12.wa.us/
U.S. Department of Education, Washington
Updated December 5, 2008
301
WEST VIRGINIA
Accreditation/Registration/Licensing/Approval
No requirements for Accreditation.
Registration is optional.
Registration is one option for a nonpublic school to operate in West Virginia
as noted in WV Code §18-8-1 paragraph (k), the first section of state law
involved.
Schools may "register" with the state superintendent of schools. If a school
registers to operate, it follows Chapter 18, Article 28, and administers a
comprehensive test of basic skills on an annual basis. If a school complies
with Article 28, no other education provisions apply except requirements
respecting fire, safety, sanitation and immunization. WV Code §18-28-6. See
Curriculum and Testing, below.
No requirements for Licensing.
Approval is optional.
Approval is a second option for a nonpublic school to operate in West
Virginia as noted in WV Code §18-8-1 paragraph b), the first section of state
law involved.
Schools may seek "approval" to operate from the local board of education.
See Curriculum, Recordkeeping/reports, and Testing, below.
Attendance at an approved or registered private or parochial school exempts
students from compulsory public school attendance. WV Code §18-8-1.
In order to operate as a nonpublic school in West Virginia the entity must register
with the state superintendent of schools or seek approval from the local board of
education.
Teacher Certification
Teacher certification is not required for teachers at private schools.
Length of School Year/Days
"Approved" private and parochial schools serving students in lieu of public school
must be open for a time equal to the county school term. WV Code §18-8-1.
Private, parochial or church schools that are "registered" must observe a minimum
instructional term of 180 days with an average of five hours of instruction per day.
WV Code §18-28-2.
Curriculum
All nonpublic schools—private, parochial, or denominational—whether approved or
registered are required to provide at least one year of instruction in West Virginia
history prior to completion of the eighth grade. In addition, such schools must require
regular courses in the history of the United States in civics, the Constitution and the
government of both West Virginia and the United States by the completion of the
State Regulation of Private Schools—West Virginia
302
twelfth grade. The boards of private, parochial, and denominational schools have a
duty to prescribe courses covering these subjects similar to those required in the
public schools. WV Code §18-2-9.
Private, parochial, and church schools that elect to administer a standardized test on
an annual basis in lieu of approval requirements must establish curriculum objectives
and provide an instructional program to develop the students' potential for becoming
literate citizens. WV Code §18-28-3. See Testing, below.
All nonpublic schools, private and parochial schools are required to use a state
prescribed course of study in fire prevention. WV Code §18-2-8.
Driver education courses offered by all nonpublic schools, private, parochial, or
denominational schools, must comply with minimum standards established by the
State Board of Education. WV Code §18-6-3.
The basic language of instruction for all approved and registered private and
parochial schools is the English language. WV Code §18-2-7.
All nonpublic secondary schools may elect to join the West Virginia Secondary
School Activities Commission for interscholastic athletic events and band activities
on the same basis as public schools. WV Code §18-2-25.
Recordkeeping/Reports
"Approved" private and parochial schools serving students in lieu of public school are
required to furnish county boards of education any information and records requested
regarding attendance, instruction, and progress of pupils under 16 years of age. WV
Code §18-8-1 (Exemption b).
Registered private, parochial and church schools are required to maintain annual
attendance and disease immunization records for each pupil enrolled. Attendance
records must be made available to parents or guardians. Upon request of the county
superintendent of schools, the school must furnish a list of names and addresses of all
students between 6 and 16 years of age. WV Code §18-28-2.
New schools operating under Chapter 18, Article 28, must send the State
superintendent of schools a notice of intent to operate, name and address of the
school, and name of the school's chief administrator. Schools must also notify the
Superintendent upon termination. WV Code §18-28-5.
Health and Safety Requirements
County boards of education may provide screening tests for vision, hearing, speech
and language disabilities upon request for children entering nonpublic schools. WV
Code §18-5-17(a).
Registered private, parochial and church schools are subject to reasonable fire, health,
and safety inspections by state, county, and municipal authorities as required by law.
WV Code §18-28-2.
The state fire marshal will inspect all private schools for fire exits and reasonable
safety standards and report his findings and recommendations to the proper
administrative heads. WV Code §29-3-12(d).
A person 18 or older convicted of a felony for distribution of a controlled substance
within 1,000 feet of the real property of a private elementary or secondary school, if
incarcerated, is ineligible for parole for three years. WV Code §60A-4-406(a).
State Regulation of Private Schools—West Virginia
303
It is a misdemeanor to possess a firearm or other deadly weapon on a school bus or in
or on any school building, structure, facility or grounds, except for law enforcement
officers in their official capacity, persons authorized by the county board of education
or school principal to conduct a program with a valid education purpose, and under
some circumstances a person possessing or leaving locked-up an unloaded firearm or
other deadly weapon in a motor vehicle. It is a felony to possess any firearm or any
other deadly weapon with the intent to commit a crime. Revocation or denial of a
motor vehicle license or instruction permit is among possible penalties. It is a
misdemeanor for a parent, custodian or legal guardian of a minor, who knows that the
minor has violated this provision, or has reasonable cause to believe that a violation is
eminent, not to report the belief to the school or law enforcement officials. WV Code
§61-7-11a.
Transportation
County boards of education have the authority to provide at public expense
transportation for all school age children who live more than two miles distance from
school. WV Code §18-5-13(60)(a).
Registered private, parochial, and church schools must comply with the West
Virginia school bus safety regulations. WV Code §§ 18-28-2.
Textbooks
County boards of education may provide state-adopted textbooks for pupils enrolled
in private schools whose parents are unable to provide textbooks. WV Code §18-5-
21b.
Testing
Registered private, parochial and church schools may elect to administer a
standardized test on an annual basis in lieu of approval requirements. The school
administrator may select the comprehensive test of basic skills, the California
Achievement Test, the Stanford Achievement Test or the Iowa Tests of Basic Skills
and Tests of Achievement and Proficiency. All students between the ages of 7 and 16
must be tested. Student test results and the school composite test results must be made
available to parent or guardians. Upon request, the school composite test results must
be furnished to the state superintendent of schools. Each of these schools must
establish curriculum objectives and provide an instructional program to develop the
students' potential for becoming literate citizens. If a school's composite test results
fall below the 40th percentile, the school must initiate a remedial program. If the
results are not raised above the 40th percentile level after two consecutive calendar
years, attendance at the school may no longer satisfy the compulsory school
attendance requirement. WV Code §18-28-3. Private, parochial or church schools
complying with these provisions may participate in any state-operated program made
available by law. WV Code §18-28-4.
State Regulation of Private Schools—West Virginia
304
Special Education
The state superintendent of schools is responsible for assuring that all exceptional
children in private schools receive an education in accordance with state and federal
laws. WV Code §18-20-5(5).
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
The sale of textbooks, tangible personal property and services for nonprofit
elementary and secondary schools, and food bought for and sold to students is exempt
from consumers sales tax. WV Code §11-15-9.
Public Aid for Private Education
Constitutional provisions: There is no relevant provision.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
Homeschooling
If the homeschool provider seeks local board approval as noted in WV Code §18-8-1
paragraph c), paragraph (1), home instruction must be in the home of the child to be
instructed or in another approved location and must be for a time equal to the school
term of the county.
If the homeschool provider chooses to file a notice of intent to homeschool as noted
in WV Code §18-8-1 paragraph c), paragraph (2), the person or persons providing
home instruction must file a notice of intent to prove home instruction that contains
the name, address, and grade level of the child to be instructed. The notice of intent
shall be given at least two weeks prior to withdrawing the child from a public school.
WV Code §18-8-1 (a); (b)(2)
The person or persons providing the instruction must submit satisfactory evidence of
a high school diploma or its equivalent. The person providing home instruction must
outline a plan of instruction for the ensuing school year. WV Code §18-8-1 (b)(2)(3).
The person or persons providing the instruction shall annually obtain an academic
assessment of the child for the previous school year. This can be satisfied by 1) an
approved standardized test; 2) participating in the state‘s testing program; 3) a written
narrative indicating that a portfolio of samples of the child's work has been reviewed
by a certified teacher, and that the child's academic progress is in accordance with the
State Regulation of Private Schools—West Virginia
305
child's abilities; or 4) evidence of an alternative assessment of the child's proficiency
mutually agreed upon by the parent and the superintendent. The assessment of
progress must be submitted on or before the 30 of June of the school year covered by
the assessment. WV Code §18-8-1 (b)(4).
The superintendent or a designee shall offer such assistance, including textbooks,
other teaching materials and available resources, as may assist the person or persons
providing home instruction subject to their availability. Any child receiving home
instruction may, upon approval of the county board of education, exercise the option
to attend any class offered by the county board of education as the person or persons
providing home instruction may deem appropriate subject to normal registration and
attendance requirements. WV Code §18-8-1 (b)(4)(iii).
Information resources
West Virginia Code
Chapter 18 Education
Article 8: Compulsory School Attendance
<http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18&art=8#08>
Article 28: Private, Parochial, or Church
<http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18&art=28#28>
West Virginia Department of Education
Building 6, Room 358
1900 Kanawha Boulevard East
Charleston, WV 25305-0330
Phone: 304-558-2681
Fax: 304-558-0048
Web site: http://wvde.state.wv.us/
U.S. Department of Education, West Virginia
Updated December 12, 2008
306
WISCONSIN
Accreditation/Registration/Licensing/Approval
Accreditation is optional.
Private schools that participate in the Milwaukee Parental Choice Program
under s. 119.23, Wis. Stats., are required to either: (1) achieve accreditation by
the Wisconsin North Central Association, the Wisconsin Religious and
Independent Schools Accreditation, the Independent Schools Association of
the Central States, The Archdiocese of Milwaukee, the Institute for the
Transformation of Learning at Marquette University or any other organization
recognized by the National Council for Private School Accreditation by
December 31, of the third year of the school‘s participation in the Milwaukee
Parental Choice Program; or (2) have been approved for scholarship funding
for the 2005–06 school year by Partners Advancing Values in Education
(PAVE). Wis. Stats. §119.23(2)(a)7.
Private schools that do not participate in the Milwaukee Parental Choice
Program are not required to be accredited.
If an accrediting agency submits an affidavit that a private educational
institution meets the criteria of Wis. Stats. §118.165 and the state
superintendent determines that the institution does meet or exceeds the
criteria, the superintendent shall determine that the institution is a private
school. Wis. Stats. §118.167.
No requirements for Registration.
No requirements for Licensing.
Approval is optional.
An institution may request the state superintendent to approve its educational
program as a private school. The state superintendent must base his or her
approval solely on whether the educational program meets the following
criteria: 1) the primary purpose is to provide private or religious-based
education; 2) the program is privately controlled; 3) the program provides at
least 875 hours of instruction each school year; 4) the program provides a
sequentially progressive curriculum of fundamental instruction in reading,
language arts, mathematics, social studies, science and health; 5) the program
is not operated or instituted to circumvent the compulsory school attendance
requirement; and, 6) the pupils return home annually for not less than 2
months of summer vacation, or the institution is a licensed child welfare
agency. Wis. Stats. §118.165(2).
Teacher Certification
Private schools are not obligated to employ licensed or certified teachers. However,
the State Superintendent of Public Instruction has the authority to license or certify
teachers employed at private schools. Wis. Stats. §115.28(7)(b).
State Regulation of Private Schools—Wisconsin
307
Teachers employed by a school participating in the Milwaukee Parental Choice
Program are required to have graduated from high school or been granted a
declaration of equivalency of high school graduation. Wis. Stats. §119.23(2)(a)6.
Length of School Year/Days
According to Wisconsin's statutory definition of private school, a private school must
provide at least 875 hours of instruction each school year. Wis. Stats. §118.165(c).
Curriculum
According to Wisconsin's statutory definition of private school, the private school
must provide a sequentially progressive curriculum of fundamental instruction in
reading, language arts, mathematics, social studies, science and health. This
requirement does not mandate teachings in conflict with the school's religious
doctrines or exclude any teachings consistent with the school's religious doctrines.
Wis. Stats. §118.165(d).
Private schools must display the U.S. flag during the school hours of each school day.
Each private school must offer the pledge of allegiance or the national anthem in
grades 1–12 each school day unless the governing body of the private school
determines that the requirement conflicts with the school‘s religious doctrines. No
student may be compelled to recite the pledge or sing the anthem against the pupil‘s
objections or those of the pupil‘s parent or guardian. Wis. Stats. §118.06.
The school board of a school district operating high school grades shall allow a pupil
enrolled in a private school, who has met the school district‘s standards for admission
to high school, to take up to two courses during each school semester if the pupil
resides in the school district in which the public school is located and if the school
board determines that there is sufficient space in the classroom. Wis. Stats.
§118.145(4).
Recordkeeping/Reports
By October 15, private school administrators must report to the Department of Public
Instruction the school enrollment on the third Friday of September. Based on this
information, the Department will prepare reports to enable the private schools to
make projections for school buildings, teacher supply, and necessary funds. In
addition, private schools must report whether the school meets the criteria under Wis.
Stats. §118.165(1) (cited above). Reporting forms are provided by the Department.
Wis. Stats. §115.30(3).
Private schools must maintain records required under Wis. Stats. §115.30(2) and Wis.
Stats. §120.18. Records must be open to inspection of school attendance officers.
When requested by a school attendance officer, the private school must provide
information regarding any pupil enrolled. Wis. Stats. §118.16(3).
Private schools must provide all necessary information and reports to the local school
board, when requested, to assist in coordinating public and private school bus
transportation. Wis. Stats. §121.56.
Also see Health and Safety Requirements regarding annual reports of fire drills.
State Regulation of Private Schools—Wisconsin
308
Health and Safety Requirements
Private school buildings may be inspected for communicable diseases under a
warrant. Wis. Stats. §252.02(1).
The Wisconsin Department of Health Services (DHS) may close a private school to
control outbreaks or epidemic. Wis. Stats. §252.02(3).
During a disease outbreak, the DHS may order a private school to exclude students
who are not immunized. Wis. Stats. §252.04(7).
If a teacher, school nurse or principal of any school or day care center knows or
suspects that a communicable disease is present in the school or center, he or she shall
at once notify the local health officer. Wis. Stats. §252.21(1).
By the 15th and 25th day after admission to school, a private school must provide
written notification to the parent or guardian of a pupil who has not met the state‘s
requirements for immunizations or received a waiver from the requirements. The
school is required to notify the district attorney of the county in which the pupil
resides of any minor student who fails to provide evidence of required immunizations
or a written waiver within 60 days after being admitted to the school. Wis. Stats.
§252.04.
Private schools are required to conduct fire drills monthly unless inclement weather
endangers the health of the students. Private schools are required to conduct tornado
or other hazard drills at least twice annually. The governing body of the private
school shall maintain for at least seven years a record of each fire drill and tornado or
other hazard drill conducted. In each community having a recognized fire
department, the private school shall annually file a report pertaining to such drills, on
a form furnished by the Wisconsin Department of Commerce, with the chief of the
fire department. When no fire drill is held during any month, or when only one or no
tornado or other hazard drill is held in a year, the person having direct charge of the
school shall state the reasons in the report. Wis. Stats. §118.07(2).
At the beginning of the 2006–07 to 2011–12 school years, each private school shall
provide the parents and guardians of pupils enrolled in grades 6 to 12 in the school
with information provided by the Department of Public Instruction about
meningococcal disease, including the causes and symptoms of the disease, how it is
spread, and how to obtain additional information about the disease and the
availability, effectiveness, and risks of vaccinations against the disease. At the
beginning of the 2012–13 school year and each school year thereafter, each private
school shall provide the parents and guardians of pupils enrolled in grade 6 in the
school district or school with the information. Wis. Stats. §118.07(3).
The administrator of a private school is required to report to the state superintendent
certain instances of engagement in immoral conduct by school employees and
convictions of school employees of certain crimes. Wis. Stats. §115.31.
No person may possess or consume alcoholic beverages on private school premises,
in a school‘s motor vehicle if a pupil is present, or at a school-sponsored activity
unless approved by the school administrator in writing and consistent with
applicable laws and school policies. Wis. Stats. §125.09.
Licenses to serve or sell alcoholic beverages may be restricted on premises located
within 300 feet of a private school. Wis. Stats. §125.68(3).
State Regulation of Private Schools—Wisconsin
309
Private school employees are prohibited from conducting a strip search of any pupil.
Wis. Stats. §118.32; 948.50.
Private schools must maintain a standard first aid kit for emergencies. Wis. Stats.
§118.07(1).
School warning signs will be placed on any street or highway bordering a private
school by the applicable authority. The authority may also designate school crossings
across any street or highway whether or not it borders on the grounds of a school.
Wis. Stats. §118.08.
Private school administrators, principals, pupil services professionals, and teachers
are not liable for referring pupils to law enforcement authorities or removing pupils
from school or school-sponsored activities for suspicion of possession, distribution or
consumption of alcohol or a controlled substance or a controlled substance analog.
Wis. Stats. §118.257.
A private school employee or volunteer, with written authorization from the private
school administrator or principal, may administer certain over the counter and
prescription drugs to a pupil under certain circumstances and with specified written
instructions and consent from the student‘s parent or guardian or practitioner. The
private school administrators and principals as well as the employees and volunteers
so authorized are immune from civil liability unless their actions or omissions
constitute a high degree of negligence. Wis. Stats. §118.29(2).
A private school employee or volunteer, other than a health care professional, who in
good faith renders emergency care to a pupil is immune from civil liability for his or
her acts or omissions in rendering such emergency care. Wis. Stats. §118.29(3).
In consultation with one or more appropriate health care professionals, the governing
body of a private school whose employees or volunteers may be authorized to
administer drugs or prescription drugs to pupils under this section must adopt a
written policy governing the administration of drugs to pupils. Wis. Stats. §118.29(4).
Transportation
With some exceptions, school boards operating high schools must provide
transportation for private school students if all of the following conditions are met:
(1) the pupil resides two miles or more from the private school they attend; (2) the
pupil resides within the private school‘s approved attendance area; and (3) the private
school is located not more than five miles beyond the boundaries of the pupil‘s
resident school district measured along the usually traveled route. Wis. Stats.
§121.54(2)(b).
By April 1 of each year, each private school must submit its proposed attendance area
for the next school year to the school board of each school district having territory
within the proposed attendance area. If no proposal is submitted, the existing
attendance area remains in effect. Wis. Stats. §121.54(2)(b)3.
The attendance areas of private schools affiliated with the same religious
denomination may not overlap unless one school limits its enrollment to pupils of the
same sex and the other school limits its enrollment to pupils of the opposite sex or
admits pupils of both sexes. Wis. Stats. §21.51(1).
By May 15 of each year, each private school must notify the school board of the
names, grade levels, locations of all pupils, if any, eligible to have transportation for
State Regulation of Private Schools—Wisconsin
310
the next term. The deadline may be extended by the school board. Wis. Stats.
§151.54(2)(b)4.
School boards providing transportation to private school pupils may do so by contract
with the proper officials of any private school, school association or the parent or
guardian of the pupil to be transported. Wis. Stats. §121.55.
School boards may provide transportation for private school extracurricular activities
if the private school reimburses the board for the costs. Wis. Stats. §121.54(7).
The local school board coordinates public and private school transportation to ensure
the safety and welfare of the pupils. Wis. Stats. §121.56.
Private schools operating school buses must maintain an insurance policy covering
bodily injury and property damage. Wis. Stats. §121.53.
Textbooks
There is no state policy at this time.
Testing
Assessment is not required for pupils attending private schools with the exception of
limited assessment requirements for pupils attending private schools under the
Milwaukee Parental Choice Program as set out in Wis. Stats. §119.23(7)e.
Private schools may purchase the Wisconsin Knowledge and Concepts Examination
(WKCE) directly from the vendor. The WKCE is a customized instrument designed
for use in public schools to measure student performance and to comply with the
federal ESEA assessment requirements.
Special Education
Wisconsin may authorize the payment of board, lodging, and transportation costs for
students with disabilities who are enrolled by a public agency in private, nonsectarian
special educational programs. Wis. Stats. §115.88(3).
Nursing and Health
There is no state policy at this time.
Technology
The Department of Public Instruction is required to make online courses available for
a reasonable fee, through a statewide web academy, to private schools located in
Wisconsin. Wis. Stats. §115.28(53).
The Wisconsin Department of Administration is required to provide subsidized access
to data lines and video links to educational agencies including private schools. Wis.
Stats. §16.997.
Professional Development
The Department of Public Instruction is required to develop and conduct training
programs for the professional staff of public and private schools in the following
subject areas: (1) alcohol and other drug abuse prevention, intervention and
instruction programs; (2) suicide prevention programs; and (3) protective behaviors
programs and anti-offender programs. The Department is also required to provide
State Regulation of Private Schools—Wisconsin
311
consultation and technical assistance to private schools for the development and
implementation of these programs and their coordination with those programs of state
and local agencies. Wis. Stats. §§115.36, 115.365 and 115.368.
Reimbursement for Performing State/Local Functions
See information under Special Education above.
Tax Exemption
Property owned and used exclusively by educational institutions offering regular
courses six months in the year; or by churches or religious, educational or benevolent
associations may be exempt from general property taxes. Wis. Stats. §7.011(4).
Public Aid for Private Education
Constitutional provisions: The Wisconsin Constitution prohibits any withdrawal
from the state treasury for the benefit of religious societies or religious or theological
seminaries. Wis. Const., Art. 1, Sec. 18. The term "religious seminaries" has been
interpreted to include nonpublic schools where religious instruction is provided. State
ex rel. Reynolds v. Nusbaum 115 N.W.2d 761 (Wis. 1962).
Wisconsin's Constitution expressly permits the state legislature to provide for the
transportation of children to and from any parochial or private school. Wis. Const.,
Art. 1, Sec. 23.
Parent or guardians may request the school board to provide a child with a program
modification which includes enrollment in any nonsectarian private school located in
the school district which complies with federal civil rights laws. Wis. Stats.
§118.15(1)(d).
Programs for financial assistance for attendance at private schools:
The Milwaukee Parental Choice Program (MPCP) provides state aid payments to
parents who attend participating private schools in Milwaukee. To be eligible,
students must be from families who reside in Milwaukee and whose household
income does not exceed 175 percent of the federal poverty level. A student
participating in the program, and whose family income increases, may remain in the
program until the family‘s income exceeds 220 of the federal poverty level.
Participating private schools may not charge eligible students tuition to attend the
school.
Homeschooling
A parent, guardian, or designee has the right to select a home-based private education
program for his or her child or children, in order to comply with the compulsory
school attendance law. Wis. Stats. §118.15 (4).
An instructional program provided to more than one family unit does not constitute a
home-based private educational program. Wis. Stats. §115.001 (3g).
Annually by October 15, the parent or guardian is required to submit a statement of
enrollment in the home-based educational program by completing and submitting a
form to the Wisconsin Department of Public Instruction. Wis. Stats. §115.30(3).
The program of instruction must provide a sequentially progressive curriculum of
fundamental instruction in reading, language arts, mathematics, social studies,
State Regulation of Private Schools—Wisconsin
312
science, and health for at least 875 hours each year. Testing of students is not
mandatory under Wisconsin law. A student enrolled in a home-based private
educational program may pursue the requirements for a GED certificate but do not
receive a traditional Wisconsin high school diploma. Wis. Stats. §118.165 (1)(d).
Home-based private education students are allowed to attend their local public high
school on a part time basis. A school district, space permitting, must admit a home-
based private education student to take up to two courses per semester in the high
school in which the student is a resident. Students must satisfy the high school
admission standards of the school district. Wis. Stats. §118.145(4).
A home-based private educational program is not a private school under state law.
Information resources
Wisconsin Department of Public Instruction: Private Schools Information
<http://www.dpi.wi.gov/sms/private.html>
Wisconsin Department of Public Instruction: Home Based Private Education
Program (Home Schooling) <http://www.dpi.wi.gov/sms/homeb.html>
Wisconsin Statutes <http://www.legis.state.wi.us/rsb/Statutes.html>
Wisconsin Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707-7841
Phone: 608-266-3390
Toll-Free: 800-441-4563
Fax: 608-267-1052
Web site: http://dpi.wi.gov/
U.S. Department of Education, Wisconsin
Updated February 25, 2009
313
WYOMING
Accreditation/Registration/Licensing/Approval
No requirement for Accreditation.
No requirement for Registration.
Licensing is mandatory.
The Wyoming Department of Education is charged with the responsibility of
licensing all private schools with the exception of religious K–12 schools.
W.S. §21-2-401(c).
A license issued to a private school permits the school to solicit (with agent
license), offer, and maintain courses of instruction. Chapter 18, Section 5(c),
Wyoming Department of Education Rules and Regulations.
The licensing provisions, W.S. §21-2-401 through W.S. §21-2-407, authorize
minimum standards, degree, performance bond, and requirements.
The provisions do not apply to private K–12 parochial, church or religious
schools, W.S. §21-2-406(a)(i)(A); home-based educational programs defined
by W.S. §21-4-101(a)(v), See W.S. §21-2-406(a)(ii); aircraft flight training
schools approved and authorized by the federal aviation agency of the United
States of America W.S. §21-2-406(a)(iii); or a non-degree-granting school
teaching techniques of outdoor recreation, leadership, ecology or conservation
domiciled in the state of Wyoming. W.S. §21-2-406(a)(iv).
The private school must submit evidence of compliance with the licensing
requirements stated in W.S. §21-2-401 through W.S. §21-2-407 and an
application on such forms required by the State Department of Education.
Each year, the private school must submit an application to renew the license
by July 1 using the forms prescribed by the State Department of Education
along with a $200 application or renewal fee. Chapter 18, Section 17,
Wyoming Department of Education Rules and Regulations.
No requirement for Approval.
Teacher Certification
Teacher certification is not mandatory for K–12 private schools. If a staff member
does not qualify for certification a school must notify all parents that the teacher is
not certified by the state. Chapter 18, Section 12, Wyoming Department of Education
Rules and Regulations.
Length of School Year/Days
K–12 private schools must be open during the entire time that the public schools are
in session in the district in which the pupil resides in order to satisfy compulsory
attendance law. (Public schools are required by statute to operate 175 days each
school year unless an alternative schedule is approved by the state board.) W.S. §§21-
4-102(a); 21-4-301.
State Regulation of Private Schools—Wyoming
314
Curriculum
Applicable only to K–12 private schools, all students in licensed nonreligious private
schools must meet the student performance standards at the level set by the school in:
(a) language Arts; (b) social studies; (c) mathematics; (d) science; (e) fine arts and
performing arts; (f) physical education; (g) health and safety; (h) humanities; (i)
career options; (j) foreign cultures including language; and, (k) applied technology.
Chapter 18, Section 7, Wyoming Department of Education Rules and Regulations.
Applicable only to K–12 private schools, all students in licensed nonreligious private
schools must meet the student performance standards at the level set by the school in
the following skills: (a) problem solving; (b) interpersonal communications; (c)
keyboarding and computer applications; (d) critical thinking; (e) creativity; (f) life
skills, including cardiopulmonary resuscitation. Chapter 18, Section 8, Wyoming
Department of Education Rules and Regulations.
Applicable only to K–12 private schools, Wyoming curriculum requirements ―do not
require any private school or home-based educational program to include in its
curriculum any concept, topic or practice in conflict with its religious doctrines… ‖
W.S. §21-4-102(a)(vi).
Licensed nonreligious, K–12 private schools must provide instruction in the essentials
of the United States Constitution and the Constitution of the State of Wyoming,
including the study of and devotion to American institutions and ideals. Chapter 18,
Section 9, Wyoming Department of Education Rules and Regulations.
Recordkeeping/Reports
Applicable only to K–12 private schools, private schools must provide an annual
report to the State Board of Education that includes: (a) Dropout rates for grades 9
through 12; (b) School averages for standard achievement tests given to all students
or classes within the school; (c) The number of hours of classroom instruction during
the school year by grade level kindergarten through 12; (d) The school‘s
recommended course of study for college-bound students and percent of students who
have successfully completed the course of study; (e) The types of and number of
participants in parent and community involvement programs within the school; (f)
The number of parental visits to the schools; (g) The number of students involved in
extra-curricular activities and events; (h) The percentage of the school‘s budget spent
on instruction, instructional support, general support and community support; (I)
School goals for the year; (j) A description of efforts being made to reform,
restructure and improve the educational quality and equity in the school, including
teacher recommendations; (k) Any other information the school believes relevant to
the parents‘ understanding of the performance of the school. Chapter 18, Section 15,
Wyoming Department of Education Rules and Regulations.
Health and Safety Requirements
Students attending K–12 private schools must provide documentary proof of
immunization within 30 days after school entry. School administrators must not
permit a student to attend school beyond that time without proper immunization. W.S.
§21-4-309.
State Regulation of Private Schools—Wyoming
315
K–12 private schools are required to conduct a fire drill at least once every month. If
a paid fire department is maintained in the area, the school must request a
representative to attend and offer instruction and constructive criticism. W.S. §35-9-
505.
It is illegal to operate a commercial oil field waste disposal facility within one mile of
a private school without the school's consent. W.S. §35-11-306(a)(ii).
Transportation
Applicable only to K–12 private schools, ―Transportation used for students as part of
the private school‘s educational program shall comply with the most recent edition of
Wyoming Pupil Transportation Manual.‖ Chapter 18, Section 12, Wyoming
Department of Education Rules and Regulations.
Textbooks
There is no state policy at this time.
Testing
Testing is not required under the private school licensing statutes.
Special Education
State law authorizes the public placement of children in a private agency, if the local
school district cannot provide the necessary and appropriate programs and services.
W.S. §21-2-502.
Nursing and Health
There is no state policy at this time.
Technology
There is no state policy at this time.
Professional Development
There is no state policy at this time.
Reimbursement for Performing State/Local Functions
There is no state policy at this time.
Tax Exemption
There is no state policy at this time.
Public Aid for Private Education
Constitutional provisions: The Wyoming Constitution prohibits appropriations
from the public school fund for any private school, or school controlled by a church
or sectarian organization or religious denomination. Wyoming Constitution Art. 7, §8.
Programs for financial assistance for attendance at private schools: There is no
such program at this time.
State Regulation of Private Schools—Wyoming
316
Homeschooling
A home-based education program is instruction provided to a child by the child‘s
parent or legal guardian or by a person designated by the parent or legal guardian.
Instruction provided to more than one family unit does not constitute a home-based
educational program. W.S. §21-4-101(a)(iii).
Home-based educational programs shall provide for "a sequentially progressive
curriculum of fundamental instruction in reading, writing, mathematics, civics,
history, literature, and science." There is not a requirement for the inclusion of any
concept, topic, or practice in conflict with the religious doctrines of the parents nor
any prohibition against excluding from its curriculum any concept, topic, or practice
consistent with the religious doctrines of the parents. W.S. §21-4-101(a)(vi).
It is the responsibility of every person administering a home-based education program
to submit a curriculum to the local board of trustees each year showing that the
program complies with the requirements of the law. Failure to comply is evidence
that the home-based program does not comply with the requirements of the law. W.S.
§21-4-102(b).
Wyoming does not require testing of home-school students but does allow
homeschool students to participate in the state assessment, PAWS, at no expense to
the parent or guardian. The assessment currently measures math, reading, and writing
grades three through eight and eleventh grades and science at grades four, eight, and
eleven. If a homeschool student would like to participate in the assessment the local
district must be notified by November 1 of the year the assessment is given.
Information resources
Wyoming Department of Education: Private School Licensure - Non-Religious K-12
Institutions <http://www.k12.wy.us/F/psl/religious.pdf>
Wyoming Department of Education: Chapter 18 - Rules and Regulations on Private
School Licensing for Students in Non-Religious Elementary and Secondary Schools
<http://soswy.state.wy.us/Rules/RULES/5361.pdf>
Wyoming Department of Education: Frequently Asked Questions Homeschool
<http://www.k12.wy.us/eqa/home_school.pdf >
Wyoming Statutes <http://legisweb.state.wy.us/titles/statutes.htm>
Title 21: Education
<http://michie.lexisnexis.com/wyoming/lpext.dll?f=templates&fn=main-h.htm>
Wyoming Department of Education
Hathaway Building
Second Floor
2300 Capitol Avenue
Cheyenne, WY 82002-0050
Phone: 307-777-7675
Fax: 307-777-6234
E-mail: supt@educ.state.wy.us
Web site: http://www.k12.wy.us
U.S. Department of Education, Wyoming
Updated November 24, 2008
317
APPENDIX A: TABLES ON STATE REQUIREMENTS FOR PRIVATE
SCHOOLS
TABLE A1: ACCREDITATION/REGISTRATION/LICENSING/APPROVAL
(Summary based on information provided by the states)
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Alabama Accreditation: Not required. The state no longer accredits private schools.
Registration: Mandatory for private schools, except church private schools.
Licensing: Not required. The state no longer licenses private schools.
Approval: Not required.
Certification: Required, by definition, for private schools but not church private schools to hold a certificate issued
by the state superintendent of education showing that the school conforms to state regulations.
Alaska Accreditation: Voluntary by regional accrediting association.a
Registration: Not required.
Licensing: Not required. The state is not authorized to require licensing of religious or private schools.
Approval: Not required. Private schools that elect to comply with Alaska Stat. §§14.45.100–130 are considered
"exempt schools," i.e. exempt from other state education requirements.
Arizona No state requirements in these areas.
―Nothing in this title shall be construed to provide the state board of education or the governing boards of school
districts control or supervision over private schools.‖ Ariz. Rev. Stat. Ann. §15-161.
Arkansas Accreditation: Voluntary. Private schools may be accredited through other organizations such as the Arkansas
Nonpublic School Accrediting Association.
Registration: In order to found an institution of learning a school must be incorporated under the name listed in the
institution‘s articles of association.
Licensing: Not required.
Approval: Not required.
California Accreditation: Voluntary.b
Registration: Required, private schools are required to file an affidavit with the superintendent of public instruction
annually.
Licensing: Not required.
Approval: Voluntary. However, nonpublic, nonsectarian special education schools that enroll both privately
enrolled and public school-placed students must be certified by the California Department of Education to provide
special education services.
Colorado Accreditation: Voluntary. The Colorado State Board of Education allows private schools to voluntarily choose to
seek accreditation by one of the state-approved private agencies.
Registration: Not required.
Licensing: Required. Nonpublic schools (private, non-state independent and parochial) are considered to be small
businesses and must obtain a license from the Secretary of State‘s office to operate.
Approval: Not Required.
a Alaska: state law provides for voluntary accreditation by the state department of education, but in practice, Alaska does not accredit private
schools and has not adopted accreditation regulations, but has an informal agreement with the Northwest Association of Private schools and
Colleges to provide accreditation to public and private schools that request accreditation. b California: the Western Association of Schools and Colleges, one of six regional accrediting agencies in the United States, conducts a
comprehensive accreditation of public and private schools and maintains a directory of accredited California schools.
State Regulation of Private Schools—Appendix A
318
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Connecticut Accreditation: Voluntary, but it is required in order for a school to gain state approval.
Registration: Not Required.
Licensing: Not Required. However, if a private school is not approved by the state and has students under the age
of five then the school must obtain a daycare license from the Department of Public Health.
Approval: Voluntary. In order to obtain state approval, nonpublic schools must be accredited by a state approved
accrediting agency. Each accrediting agency has its own criteria for accrediting schools.
Delaware Accreditation: Not required.
Registration: Required for all private schools.
Licensing: Not required.
Approval: Not required.
District of
Columbia
Accreditation: Voluntary. Private schools may use accreditation as ―satisfactory evidence‖ for approval.
Registration: Not required.
Licensing: Not required.
Approval: Required. Private schools must provide satisfactory evidence to the superintendent of schools that the
amount of instruction, character of instruction, qualifications of staff and other conditions, such as class size,
facilities, counseling services, and attendance record-keeping are acceptable to the Board.
Florida Accreditation: Not required.
Registration: Required for all private schools.
Licensing: Not required.
Approval: Not required.
Georgia No state requirements in these areas in order to operate a nonpublic school.
However, Accreditation by a state-approved agency is required for a private school to qualify for participation in the
Georgia Special Needs Scholarship (GSNS) or Georgia Private School Tax Credit programs.
Hawaii Accreditation: Voluntary.c
Registration: Required for all private schools to obtain a charter from the State of Hawaii Department of Consumer
Affairs as well as an excise tax license.
Licensing: Not required, but strongly encouraged.d
Approval: Not required.
Idaho Accreditation: Voluntarye
Registration: Not required.
Licensing: Not required.
Approval: Not required.
Illinois Accreditation: Voluntary. Nonpublic schools that gain accreditation through a nonpublic, state-approved
accrediting agency may qualify as state-recognized schools.
Registration: Voluntary.f
Licensing: Not required.
Approval: Recognition is voluntary. A registered nonpublic school may apply for recognition after one year of
registered status.
c Hawaii: private schools may seek accreditation with the Hawaii Association of Independent Schools (HAIS), the Hawaii Board of
Education‘s accrediting agency designee Western Association of Schools and Colleges (WASC), and/or other accrediting associat ions that
meet the requirements established by the Hawaii Council of Private Schools.
d The Hawaii Council of Private Schools performs the functions and assumes the responsibilities of the Hawaii Department of Education
(HDOE) for the licensing of all private schools in Hawaii.
e Idaho: non-public schools may choose to seek accreditation with the Northwest Association of Schools and Colleges.
f Illinois: a school is registered when it has filed with the State Board of Education a "Nonpublic School Registration, Enrollment, and Staff
Report." This form furnishes such evidence as required to assure compliance with federal and state laws regarding health examination and
immunization, attendance, length of term, nondiscrimination, and applicable fire and health safety requirements.
State Regulation of Private Schools—Appendix A
319
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Indiana Accreditation: Voluntary.g
Registration: Required for nonpublic schools to register with the Indiana Department of Education and be assigned a
nonpublic school identification number.
Licensing: Not required.
Approval: Recognition is voluntary. The system recognizes the distinguishing characteristics of nonpublic schools
and is separate from the accreditation standards available to nonpublic schools.
Iowa Accreditation: Voluntary. By definition, "nonpublic school" means any school not directly supported by taxation
that is accredited or which uses licensed practitioners as instructors.
Registration: Not required.
Licensing: Not required.
Approval: Not required.
Kansas Accreditation: Voluntary.
Registration: Required for nonaccredited private elementary or secondary schools.
Licensing: Not required.
Approval: Mandatory for religious private high schools.h
Kentucky Accreditation: Voluntary.i
Registration: Not required.
Licensing: Certification is voluntary for private, parochial, and church schools that comply with curriculum,
certification, and textbook standards established by the Kentucky Board of Education. Certification is a form of
licensing.
Approval: Synonymous to Certification.
Louisiana Accreditation: Not required.
Registration: Required for all nonpublic schools t hat choose not to seek approval with the state.
Licensing: Not required.
Approval: Voluntary through application with the Louisiana Board of Elementary and Secondary Education.
Maine Accreditation: Not required. Accreditation is permitted as one option for meeting the approval requirement.
Registration: Not required.
Licensing: Not required.
Approval: Required.j
g The Indiana State Board of Education has established a performance-based accreditation system available to nonpublic schools. The
standards for accreditation are the same standards required of all public schools.
h Kansas: Education provided at the high school level by churches or religious denominations satisfies the Kansas compulsory attendance
statute if approved by the Kansas Board of Education. Approval is granted for a two-year period based on five criteria. (However, according
to the Kansas Department of Education, no church or religious denomination utilizes these provisions, because they may operate as an
accredited or a nonaccredited private school without the restrictions imposed under this subsection of the law.)
i Kentucky does not have an accrediting agency at the state department; however, nonpublic schools can be certified based on the
accreditation of a recognized regional or national accrediting agency or by a self-study accreditation process through the Kentucky Nonpublic
School Commission.
j Maine: A private school may operate as an approved private school for attendance purposes (basic school approval) if it meets hygiene,
health, and safety standards and is either currently accredited by the New England Association of Colleges and Secondary Schools or meets
applicable state requirements.
State Regulation of Private Schools—Appendix A
320
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Maryland Accreditation: Not required.
Registration: Required for church-exempt schools. Institutions operated by bona fide church organizations must
register the name and address of the school and submit acceptable evidence of the bona fide church organization‘s
legal authority status and certification of the legal authority‘s assumption of responsibility for governing and
operating the nonpublic school to the Maryland Department of Education.
Licensing: Child care and nursery schools requiring licensing.
Approval: Certificates of approval are required in Maryland to operate "noncollegiate educational institutions," not
required for church-exempt schools.k
Mass. Accreditation: Not required.
Registration: Not required.
Licensing: Not required
Approval: Required for all private schools to be approved by the local education agency.
Michigan Accreditation: Voluntary.l
Registration: Required for nonpublic schools to satisfy the compulsory school attendance statute.m
Licensing: Not required.
Approval: Approval is required for all nonpublic schools that choose to register.
Minnesota Accreditation: Voluntary.n Nonpublic schools accredited by an approved accrediting agency have reduced reporting
requirements.
Registration: Not required.
Licensing: Not required.
Approval: Not required.
Mississippi Accreditation: Voluntary. Nonpublic schools may be accredited by independent nonpubl ic school accrediting
agencies
Registration: Not required.
Licensing: Not required.
Approval: Voluntary. Nonpublic schools may request approval by Mississippi State Board of Education.
Missouri Accreditation: Not required.
Registration: Required.
Licensing: Not required.
Approval: Not required.
Montana Accreditation: Voluntary. Nonpublic schools may be accredited upon request by the superintendent of public
instruction in the same manner as public schools.
Registration: Not required.
Licensing: Not required.
Approval: Not required.
Nebraska A nonpublic school must be either (a) accredited; (b) approved; or (c) receive an exemption from the commissioner
of education from the requirements for the operation of approved private schools. o
Accreditation: Accreditation is one option for gaining approval for nonpublic schools that are not ‗exempt.‘
Registration: Not required.
Licensing: Not required.
Approval: Approval is required unless a school chooses to operate under the provisions for ‗exempt ‘ schools.
k Maryland: A Certificate of Approval is issued based on the adequacy and appropriateness of the facilities, conditions of entrance and
scholarship, educational qualifications and standards for the purpose of the institution, its program, personnel requirements, and certificates or
diplomas issued.
l Michigan: Nonpublic schools may seek accreditation from Michigan Nonpublic School Accreditation Association or North Central
Association. m Michigan: State liaison chose to list this requirement under registration and not approval as if two words have different meanings.
n Minnesota: The Nonpublic Education Council may recognize educational accrediting agencies.
State Regulation of Private Schools—Appendix A
321
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Nevada Accreditation: Voluntary.
Registration: Not required.
Licensing: Required. Nevada defines license as ―the written authorization of the Board or Commission to operate or
to contract to operate a private elementary, secondary or postsec ondary educational institution.‖p
Approval: Not required.
New
Hampshire
Accreditation: Not required. However, schools accredited by NEASC, ASCI, or ACSI are designated as Approved
for Attendance and Program (AP) for five years.
Registration: Required for all proprietors to register the trade name of the business, trust, or association.
Licensing: Not required
Approval: Required for all private schools to fulfill compulsory attendance requirements. Approved schools are
designated Approved for Attendance (AA) for three years.q
New Jersey Accreditation: Not required.
Registration: Required for limited category are not operated by charitable institutions or religious denominations.
Licensing: Not required.
Approval: Required for limited category.r
New Mexico Accreditation: Voluntary.s
Registration: Not required.
Licensing: Not required.
Approval: Not required.
New York Accreditation: Not required.
Registration: Voluntary. Registered secondary schools may administer Regents examinations and awar e diplomas.
Licensing: Not required.
Approval: Not required.
The state commissioner of education annually apportions to qualifying schools (nonprofit nonpublic schools
providing instruction in accordance with N.Y. Educ. Law §3204) the actual cost incurred by each school for
compliance with state requirements of the pupil evaluation program, basic educational data system, regents
examinations, the statewide evaluation plan, uniform procedure for pupil attendance reporting and other similar state
prepared examinations and reporting procedures.
o Nebraska: When parents elect to enroll their children in private schools that do not meet state accreditation or approval requirements,
parents or guardians must sign a statement that a) the accreditation and approval requirements "violate sincerely held religious beliefs of the
parents or legal guardians" or such requirements "interfere with the decisions of the parents or legal guardians in directing their child's
education." b) an authorized representative of parent or guardians will submit annually to the commissioner of education information to show
the school meets minimum requirements relating to health, fire, and safety standards; report attendance records; maintain a sequential
program of instruction in language arts, mathematics, science, social studies, and health; and that parent or guardians are satisfied that
individuals monitoring instruction are qualified and have demonstrated an alternative competency.
p Nevada: Elementary and secondary educational institutions operated by churches, religious organizations and faith-based ministries may
claim an exemption to the provisions of the Private Elementary and Secondary Education Authorization Act.
q New Hampshire: The Board of Education is charged with adopting rules relative to reasonable criteria for approving nonpublic schools for
the purpose of compulsory attendance requirements.
r New Jersey law places registration requirements on a limited category of private schools that are not operated by charitable institutions or
religious denominations, i.e. for-profit nonsectarian private boarding schools established after 1920 and private schools charging tuition for
certain vocational education. This limited category of schools must obtain a certificate of approval from the commissioner of education to
legally operate within the state. N.J. Rev. Stat. §18A:69-1 et seq. s New Mexico: the Public Education Department has a duty to assess and evaluate private schools that desire state accreditation and to
prescribe courses of instruction, graduation requirements and standards for private schools seeking state accreditation.
State Regulation of Private Schools—Appendix A
322
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
North
Carolina
Accreditation: Voluntary.t
Registration: Required.
Licensing: Not required.
Approval: Voluntary, although does not occur in practice (last practiced in 1979).
North
Dakota
Accreditation: Voluntary.
Registration: Not required.
Licensing: Not required.
Approval: Required.
Ohio No state requirements in these areas in order to operate a nonpublic school.
However, the state charteringu process is voluntary.
Oklahoma Accreditation: Voluntary. Private and parochial schools may apply to the State Board of Education for accreditation
and classification in like manner as public schools.
Registration: Not required.
Licensing: Not required.
Approval: Not required.
Oregonv
Accreditation: Not required.
Registration: Voluntary. Private K–12 schools may, but are not required to be, registered as a private school with the
Department of Education.
Licensing: Required for residential private schools.
Approval: Required for private schools with public placement of special education students
Penn. Accreditation: Not required. Law does not explicitly state accreditation is voluntary, but it is implied. The state does
not accredit private schools, but the State Board of Education approves accrediting association s, and accreditation by
them is one ground for exemption from the requirement for state licensing.
Registration: Required for religious private schools
Licensing: Required for some; voluntary for religious, accredited, and other exempted private schools w
Approval: Not required.
Puerto Rico Accreditation: Voluntary. General Council on Education accredits education institutions.
Registration: Not required.
Licensing: Required. The General Council of Education has the power to issue licenses and authorize the
establishment and operation of elementary and secondary educational institutions and to accredit public and private
schools.
Approval: Not required.
tNorth Carolina: Qualified nonpublic schools are schools that are 1) accredited by the Southern Association of Colleges and Schools; 2)
active members of the North Carolina Association of Independent schools; or, 3) schools that receive no funding from the State of North
Carolina.
uOhio: a chartered nonpublic school must assure that students are provided a general education of high quality by either: 1) being accredited
by an association approved by the state board of education and with standards reviewed by the state superintendent‘s advisory committee on
chartered nonpublic schools; or 2) completing the chartering process and showing compliance with the Operating Standards for Ohio‘s
Schools.
v The revised chapter on Oregon was not reviewed by the state and could not be included in this update. As a result, the information
summarized in this table is from the last approved chapter by an Oregon state official.
wPennsylvania: Licensing for K–12 private academic private schools is mandatory, except private schools owned or operated by or under the
authority of bona fide religious institutions, private schools that are owned by colleges or universities, private schools for the blind or deaf
receiving commonwealth appropriations, or private schools accredited by accrediting associations approved by the State Board of Education.
However, all exempted private schools may voluntarily choose to be licensed. The licensing requirements, enforced by the State Board of
Private Academic Private schools, govern health and safety, teaching and administrative staff, courses of study and instructional equipment,
student attendance, records, fees, transportation, advertising, conditions of the premises, procedures for school closings, and financial
responsibility.
State Regulation of Private Schools—Appendix A
323
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Rhode
Island
Accreditation: Not required.
Registration: Required is required for all private schools.x
Licensing: Not required
Approval: Required for all private schools to be approved by the Rhode Island Department of Elementary and
Secondary Education.
South
Carolina
Accreditation: Voluntary. Accreditation is one alternative to satisfy South Carolina‘s c ompulsory school attendance
statute. Attendance at a private school satisfies South Carolina's compulsory school attendance statute if the school
is a member school of the South Carolina Independent School Association or a similar organization.
Registration: Not required.
Licensing: Not required
Approval: Attendance at a nonsectarian private school satisfies South Carolina's compulsory school attendance
statute if the State Board of Education has approved the school.
South
Dakota
Accreditation: Voluntary.y
Registration: Not required.
Licensing: Not required.
Approval: Voluntary, synonym to accreditation. If a school is accredited by the State Department of Education it is
also approved.
Tennessee Accreditation: Voluntary. However, church schools are required to be accredited or a in specified associations.z
Registration: Not required.
Licensing: Not required.
Approval: Voluntary. State law gives the commissioner of education authority and the duty to ―inspect, approve and
classify‖ private schools that request ―such inspection, approval and classification.‖
However, it is required private schools meet the standards of one of seven categories established by the State Board
of Education in order to satisfy compulsory attendance. The four categories that likely apply to private schools are:
Category I Schools are approved by the State Department of Education
Category II schools are approved by a private school accrediting agency which has been approved by the Tennessee
State Board of Education. Schools holding full accreditation status with an approved agency are approved by the
State Department of Education
Category III schools are approved by one of the five regional accrediting agencies
Category IV schools are Church-Related Schools as recognized by associations
Texas Accreditation: Voluntary. aa
Registration: Not required.
Licensing: Not required.
Approval: Not required.
Utah Accreditation: Voluntary.
Registration: Not required.
Licensing: Not required.
Approval: Not required.
x Rhode Island: Registration for a directory is required for all private schools. The directory must show: location, name, director or principal
of school, grade span, enrollment, and school approval status.
y South Dakota: the secretary of the Department of Education shall be responsible for the classification and accreditation of all public and
nonpublic schools under the rules established by the South Dakota Board of Education.
z Tennessee: Church-related private schools are required to meet the standards of accreditation or membership of the Tennessee Association
of Christian Private schools, the Association of Christian Private schools International, the Tennessee Association of Independent Private
schools, the Southern Association of Colleges and Private schools, the Tennessee Association of Non-Public Academic Private schools, or a
school affiliated with Accelerated Christian Education, Inc. aa Texas: The commissioner of education recognizes the accreditation of nonpublic private schools accredited by any of the accreditation
organizations belonging to the Texas Private School Accreditation Commission (TEPSAC).
State Regulation of Private Schools—Appendix A
324
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
Vermont Accreditation: Voluntary.
Registration: Not required.
Licensing: Not required.
Approval: Voluntary. Independent schools may apply for approval by the State Board of Education or file an
enrollment notice as a recognized independent school.
The State Board of Education approves independent schools if the school provides a minimum course of study and
substantially complies with the board's rules for approved independent schools. The board's rules require at a
minimum: 1) adequate resources to meet the school's objectives, including financial capacity; 2) faculty qualified by
training and experience in the areas assigned; 3) physical facilities and special services in accordance with state and
federal law. Approval may be granted without state board evaluation if the school is accredited by a private, state or
regional agency recognized by the State Board.
A recognized independent school may operate in Vermont upon filing an enrollment notice with the state
commissioner of education. The notice must include: 1) a statement that the school will be in session an amount of
time substantially equivalent to public schools; 2) a detailed description of the minimum course of study for each
grade level and how the annual assessment will be performed; and 3) assurances that the school maintains attendance
records, maintains annual assessments of each pupil's progress that is reported to parents or guardians, provides the
minimum course of study as provided by 16 VSA §906, employs teachers and materials sufficient to carry out the
educational program, and meets applicable state and federal laws concerning physical facilities and health and safety
matters. If a school is unable to comply with any requirement due to a deep religious conviction shared by an
organized group, the commissioner may waive the requirement if the educational purposes are being met.
Virginia Accreditation: Voluntary.bb
Registration: Not required.
Licensing: Required for private schools serving students with disabilities unless otherwise approved or accre dited.
Approval: Voluntary. Approval by the State Board of Education is one option to satisfy the licensing requirement
for private schools serving students with disabilities.
Virgin
Islandscc
Accreditation: Voluntary.dd
Registration: Not required.
Licensing: Not required.
Approval: Not required.
No nonpublic school may operate in the Virgin Islands without a certificate of operation.
Washington Accreditation: Voluntary. The Washington State Board of Education will accredit private schools that voluntar ily
apply for accreditation and meet established standards and procedures so long as no secret societies are knowingly
allowed to exist among its students.
Registration: Not required.
Licensing: Not required.
Approval: Required for all private schools to be approved by the State Board of Education.ee
bb Virginia: State Board of Education does not accredit private schools but recognizes accreditation by member organizations of the Virginia
Council for Private Education (VCPE), a private umbrella organization of private school associations, accredits private schools. State law
only guarantees that private school course credits will be recognized if they were completed at a state-recognized accredited school.
cc The revised chapter on the Virgin Islands was not reviewed by the state and could not be included in this update. As a result, the
information summarized in this table is from the last approved chapter by a Virgin Islands‘ official.
dd Virgin Islands: The commissioner of education will accredit parochial or private schools on a voluntary basis if the building, equipment,
curriculum and teaching personnel have "efficiency substantially equal" to public schools of like grade.
ee Washington: Attendance at a private school complies with Washington's compulsory school attendance statute if the school is approved.
Washington approves private schools based on their compliance with minimum requirements pertaining to (1) length of school year/day; (2)
teacher certification; (3) safeguarding of permanent records; (4) compliance with reasonable health and fire safety requirements; (5)
curriculum; and (6) an up-to-date policy statement regarding the administration and operation of the school.
State Regulation of Private Schools—Appendix A
325
STATE
ACCREDITATION/REGISTRATION/LICENSINGAPPROVAL
West
Virginia
Accreditation: Not required.
Registration: Voluntary. Registration is one option for a nonpublic school to operate in West Virginia.ff
Licensing: Not required.
Approval: Voluntary. Approval is one option for a nonpublic school to operate in West Virginia. Schools may seek
"approval" to operate from the local board of education.
In other words, a nonpublic school is required to be either registered or approved.
Wisconsin Accreditation: Voluntary. However, Private schools that participate in the Milwaukee Parental Choice Program
under s. 119.23, Wis. Stats., are required to either: (1) achieve accreditation by the Wisconsin North Central
Association, the Wisconsin Religious and Independent Schoo ls Accreditation, the Independent Schools Association
of the Central States, The Archdiocese of Milwaukee, the Institute for the Transformation of Learning at Marquette
University or any other organization recognized by the National Council for Private School Accreditation by
December 31, of the third year of the school‘s participation in the Milwaukee Parental Choice Program; or (2) have
been approved for scholarship funding for the 2005–06 school year by Partners Advancing Values in Education.
Registration: Not required.
Licensing: Not required.
Approval: Voluntary. An institution may request the state superintendent to approve its educational program as a
private school.
Wyoming Accreditation: Not required.
Registration: Not required.
Licensing: Required. The Wyoming Department of Education is charged with the responsibility of licensing all
private schools with the exception of religious K–12 schools. The licensing provisions, W.S. §21-2-401 through
W.S. §21-2-407, authorize minimum standards, degree, performance bond, and requirements.
Approval: Not required.
ffWest Virginia: Schools may "register" with the state superintendent of schools. If a school registers to operate, it follows Chapter 18,
Article 28 and administers a comprehensive test of basic skills on an annual basis. If a school complies with Article 28, no other education
provisions apply except requirements respecting fire, safety, sanitation and immunization.
State Regulation of Private Schools—Appendix A
326
TABLE A2: ACCREDITATION/REGISTRATION/LICENSING/APPROVAL
(Summary based on information provided by the states)
STATE ACCREDITATION REGISTRATION LICENSING APPROVAL
Alabama ●
Alaska
Arizona
Arkansas ●
California ● ●†
Colorado ●
Connecticut ●†
Delaware ●
District of
Columbia
●‡ ●
Florida ●
Georgia ●†
Hawaii ●
Idaho
Illinois
Indiana ●
Iowa ●†
Kansas ●† ●†
Kentucky
Louisiana ●†
Maine ●‡ ●
Maryland ●† ●† ●†
Massachusetts ●
Michigan ● ●†
Minnesota
Mississippi
Missouri ●
Montana
Nebraska ●‡ ●†
Nevada ●‡ ●
New
Hampshire
●‡ ● ●
New Jersey ●† ●†
New Mexico
New York
North
Carolina
●‡ ●
State Regulation of Private Schools—Appendix A
327
STATE ACCREDITATION REGISTRATION LICENSING APPROVAL
North Dakota ●
Ohio
Oklahoma
Oregon ●† ●†
Pennsylvania ●† ●†
Puerto Rico ●
Rhode Island ● ●
South
Carolina
●‡ ●‡
South Dakota
Tennessee ●‡ ●‡
Texas
Utah
Vermont
Virgin Islands ●
Virginia ●† ●‡
Washington ●
West Virginia ●‡ ●‡
Wisconsin ●†
Wyoming ●
TOTAL 11 18 10 18
See each state‘s chapter for additional information and details on state law in each of these areas.
Note on symbols:
―●‖ indicates that state law mandates all private schools must meet the requirement.
―●†‖ indicates that state law mandates specified private schools must meet the requirement.
―●‡‖ indicates that state laws allows this practice as one option to comply with a state mandate or requirement.
State Regulation of Private Schools—Appendix A
328
TABLE B: REQUIREMENTS FOR TEACHER CERTIFICATION,
REPORTING, CURRICULUM
(Summary based on information provided by the states)
STATE TEACHER
CERTIFICATION
CURRICULUM
REQUIREMENTS
REPORTING
REQUIREMENTS
Alabama ●† ●† ●
Alaska ●† ● ●
Arizona ● ●
Arkansas ●
California ●
Colorado ● ●
Connecticut ● ●
Delaware ● ●
District of
Columbia
● ●
Florida ●
Georgia ● ●
Hawaii ●†
Idaho ●† ● ●
Illinois ● ●
Indiana ●† ●† ●
Iowa ●† ●† ●
Kansas ●† ●† ●
Kentucky ● ●
Louisiana ● ●† ●
Maine ●† ● ●
Maryland ●† ● ●
Massachusetts ● ●
Michigan ●‡ ●
Minnesota ●‡ ● ●
Mississippi ●† ●†
Missouri ● ●
Montana ●† ●† ●
Nebraska ●† ●† ●
Nevada ● ● ●
New
Hampshire
● ●
New Jersey ● ●
New Mexico ●
New York ●† ● ●
North
Carolina
●
North Dakota ● ● ●
Ohio ●‡ ●† ●
State Regulation of Private Schools—Appendix A
329
STATE TEACHER
CERTIFICATION
CURRICULUM
REQUIREMENTS
REPORTING
REQUIREMENTS
Oklahoma ●† ●† ●
Oregon ●‡ ●
Pennsylvania ●‡ ● ●
Puerto Rico ●† ●† ●
Rhode Island ● ●
South
Carolina
●
South Dakota ●† ● ●
Tennessee ●† ●† ●
Texas ●† ●
Utah ●
Vermont ●† ●† ●†
Virgin Islands ● ●
Virginia ●† ●
Washington ●† ● ●
West Virginia ● ●
Wisconsin ● ●
Wyoming ● ●
TOTAL 29 40 51
See each state‘s chapter for additional information and details on state law in each of these areas.
Note on symbols:
―●‖indicates that state law mandates all private schools must meet the requirement.
―●†‖ indicates that state law mandates specified private schools must meet the requirement.
―●‡‖ indicates that state laws allows this practice as one option to comply with a state mandate or
requirement.
State Regulation of Private Schools—Appendix A
330
TABLE C: STATES WITH POLICIES ON SERVICES FOR STUDENTS AND TEACHERS AT
PRIVATE SCHOOLS
(Summary based on information provided by the states)
STATE TRANSPORTATION TEXTBOOKS TESTING NURSING
and
HEALTH
TECHNOLOGY PROFESSIONAL
DEVELOPMENT
REIMBURSEMENT
for PERFORMING
STATE/LOCAL
FUNCTION
Alabama ●
Alaska ● ●‡
Arizona ●
Arkansas ● ● ●†
California ● ○ ○ ● ● ●
Colorado ● ●‡ ●
Connecticut ● ● ● ●
Delaware ●
District of
Columbia ●‡ ○ ●
Florida ● ● ●
Georgia ●†
Hawaii
Idaho ●‡ ●
Illinois ● ● ● ●
Indiana ● ●† ●† ●†
Iowa ●† ●† ● ● ●† ●
Kansas ●† ●† ●† ● ●†
Kentucky ●‡ ○
Louisiana ●† ● ●† ● ●†
Maine ● ● ● ● ●
Maryland ●† ●‡ ●† ●
Massachusetts ● ○ ●
Michigan ● ○ ● ● ● ●
Minnesota ● ● ● ● ●‡
State Regulation of Private Schools—Appendix A
331
STATE TRANSPORTATION TEXTBOOKS TESTING NURSING
and
HEALTH
TECHNOLOGY PROFESSIONAL
DEVELOPMENT
REIMBURSEMENT
for PERFORMING
STATE/LOCAL
FUNCTION
Mississippi ●†
Missouri ○ ○ ● ●
Montana ● ●‡
Nebraska ● ● ●‡ ●
Nevada ●
New
Hampshire ●† ● ● ●
New Jersey ● ● ● ●
New Mexico ●
New York ● ● ●‡ ● ● ●†
North
Carolina ●† ● ●‡
North Dakota ●
Ohio ● ●† ●† ●† ●† ●†
Oklahoma ○
Oregon ● ○
Pennsylvania ● ● ● ●
Puerto Rico ○
Rhode Island ● ● ● ● ●
South
Carolina
South Dakota ● ● ●
Tennessee ● ●‡
Texas ● ●‡ ●
Utah ●
Vermont ● ●‡
Virgin Islands ●
Virginia ●
Washington ●‡ ● ●
State Regulation of Private Schools—Appendix A
332
STATE TRANSPORTATION TEXTBOOKS TESTING NURSING
and
HEALTH
TECHNOLOGY PROFESSIONAL
DEVELOPMENT
REIMBURSEMENT
for PERFORMING
STATE/LOCAL
FUNCTION
West Virginia ● ● ●†
Wisconsin ● ●‡ ●‡ ● ●
Wyoming
TOTAL 36 34 26 24 15 12 6
See each state‘s chapter for additional information and details on state law in each of these areas.
Notes on symbols:
―●‖ indicates that state policy allows student and teachers at all private schools access to the respective publicly funded services. Some states leave such access
to the discretion of local education agencies (LEAs), while other states require that LEAs provide such access.
―●†‖ indicates that state policy allows specified students and teachers at private schools access to the respective publicly funded service.
―●‡‖ indicates that state law mandates a fee for private schools or associates the service with a requirement for specified private schools.
―○‖ indicates that state policy prohibits students and teachers at private school from access to the respective publicly funded service.
333
APPENDIX B: TABLE ON STATE REQUIREMENTS FOR
HOMESCHOOLS
TABLE A: REPORTING, TREACHER CREDENTIALS, TESTING
(Summary based on information provided by the states)
STATE APPLICATION
OR NOTICE
OF INTENT
REPORTING
OR
RECORDKEEPING
TEACHER
QUALIFICATION
STANDARDIZED
TESTING
Alabama ● ● ●†
Alaska ●† ●†
Arizona ●
Arkansas ● ● ●
California ●
Colorado ● ● ●† ●‡
Connecticut ● ●
Delaware ● ●
District of
Columbia ●
Florida ● ● ●‡
Georgia ● ● ● ●
Hawaii ● ● ●† ●
Idaho
Illinois
Indiana ● ●
Iowa ● ● ●‡
Kansas ●
Kentucky ● ●
Louisiana ● ● ●‡
Maine ● ● ●†
Maryland ● ●
Massachusetts ●‡
Michigan
Minnesota ● ● ●† ●
Mississippi ●
Missouri ●
Montana ● ●
Nebraska ● ● ●†
Nevada ●
New
Hampshire ● ● ●‡
New Jersey
New Mexico ● ● ●
State Regulation of Private Schools—Appendix B
334
STATE APPLICATION
OR NOTICE
OF INTENT
REPORTING
OR
RECORDKEEPING
TEACHER
QUALIFICATION
STANDARDIZED
TESTING
New York ● ● ● ●‡
North
Carolina
● ● ● ●
North Dakota ● ● ● ●
Ohio ● ● ● ●†
Oklahoma
Oregon ● ●‡
Pennsylvania ● ● ● ●
Puerto Rico
Rhode Island ● ● ●‡
South
Carolina
● ● ● ●
South Dakota ● ● ●
Tennessee ● ● ●† ●†
Texas
Utah ● ●
Vermont ● ● ●‡
Virgin Islands ●
Virginia ● ● ●†
Washington ● ● ●† ●†
West Virginia ● ● ● ●†
Wisconsin ●
Wyoming ●
TOTALS 41 36 17 26
See each state‘s chapter for additional information and details on state law in each of these areas.
Note on symbols:
―●‖ indicates that state law mandates all homeschools, whether treated as homeschools or private schools or otherwise
under state law, must meet the requirement.
―●†‖ indicates that state law mandates specified types of home education must meet the requirement.
―●‡‖ indicates that state laws allows this practice as one option to comply with a state mandate or requirement.
335
APPENDIX C: LEGAL HISTORY OF THE REGULATION
OF PRIVATE SCHOOLS (2000)
Under the United States Constitution, parents have a fundamental right to direct the education of
their children. In 1925 the Supreme Court recognized that "liberty," protected by the Fourteenth
Amendment, includes the right to choose a private education. Confronted with an Oregon statute
mandating public school attendance, the Supreme Court ruled the statute unconstitutional. Pierce
v. Society of Sisters of the Holy Names of Jesus and Mary, 268 U.S. 510 (1925).
In the words of the Court,
The fundamental theory of liberty upon which all governments in
this Union repose excludes any general power of the state to
standardize its children by forcing them to accept instruction from
public teachers only. The child is not the mere creature of the state;
those who nurture him and direct his destiny have the right,
coupled with the high duty, to recognize and prepare him for
additional obligations. (268 U.S. at 535)
Today, a parent's right to choose a private education is reflected in the statutes of all 50 states.
The compulsory school attendance laws typically specify private education as an alternative or
exception to public school attendance requirements.
It is also well-established that states have the power to regulate private schools. Based on the
"high responsibility for education of its citizens, [a State] may impose reasonable regulations for
the control and duration of basic education." Wisconsin v. Yoder, 406 U.S. 205, 213 (1972). See
also Board of Ed. of Cent. Sch. Dist. No.1 v. Allen, 392 U.S. 236, 246-247 (1968). The state's
interest in an informed and self-sufficient citizenry capable of participating in a democratic
society is generally cited to support the regulation of private schools. Yoder at 221; Kentucky
State Board v. Rudasill, 589 S.W.2d 877, 883 (1979).
The right to regulate is not without limitations, however. Since 80 percent of America's private
schools are religious institutions, any regulation of these schools must conform to the First
Amendment's guarantee of the free exercise of religion. The principle is generally reflected in
most, if not all, of the state codes. For example, special provisions are included for church-
Note to readers: The following summary on legal history is taken from the report on State
Regulation of Private Schools (2000), where it appeared in the Introduction. Although the
information has not been updated (and thus does not include more recent history and cases
such as Mitchell v. Helms,530 U.S. 793 (2000), and Zelman v. Simmons-Harris, 536 U.S. 639
(2002)), it is included in this Appendix as a reference for readers.
State Regulation of Private Schools—Appendix C
336
related schools, as in the laws of Alabama and Tennessee, or exemptions are provided for
schools operated by religious organizations, as in the laws of Wyoming and Nebraska.
A state's excessive regulation may in fact eliminate a parent's right to direct the education of his
or her child. In 1923, the Supreme Court struck down a Nebraska statute that prohibited the
teaching of German to elementary school age children. The Court determined that the law
unreasonably interfered with the power of parents to control their children's education. Meyer v.
State of Nebraska, 262 U.S. 390 (1923). Similarly, in 1927, the Supreme Court held a Hawaiian
law unconstitutional that regulated the teachers, curriculum, and textbooks of private language
schools and placed control of the schools in public officers. "Enforcement," the Court said,
"would deprive parents of fair opportunity to procure for their children instruction which they
think important and we cannot say is harmful." Farrington v. T. Tokushige, 273 U.S. 284, 298
(1927).
In 1976, the Ohio Supreme Court applied Farrington in a constitutional challenge to the state's
"minimum standards" governing nonpublic schools. The state court determined that the standards
were "so pervasive and all-encompassing that total compliance with each and every standard by
a nonpublic school would effectively eradicate the distinction between public and nonpublic
education, and thereby deprive these appellants of their traditional interest as parents to direct the
upbringing and education of their children." Ohio v. Whisner, 351 N.E.2d 750, 768 (1976).
The challenge to state legislators in regulating private schools, then, is to draft legislation that 1)
respects the fundamental right of parents to direct the education of their children, 2) protects the
state's interest in an informed citizenry but avoids interference with religious beliefs unless
compelling interests are at issue, and then only in the least restrictive manner, and 3) avoids
comprehensive regulation of private education that would deprive parents of any choice in
education.
The public funding of private education is restricted under the United States Constitution. State
statutes reflect the numerous decisions handed down by the Supreme Court on the matter. The
Establishment Clause of the First Amendment prohibits "government inculcation of religious
beliefs." Agostini v. Felton, 117 S. Ct. 1997, 2010 (1997). But there is no absolute prohibition
against private school children, or even religious institutions, participating in government-
sponsored social welfare programs. Bowen v. Kendrick, 487 U.S. 589, 609 (1988). The difficulty
of applying these principles has produced a wealth of Supreme Court decisions.
The Supreme Court has upheld a New Jersey statute that made transportation equally available to
both public and private school children, Everson v. Board of Education of Ewing Tp., 330 U.S. 1
(1947); upheld a New York statute providing free textbooks on loan to parochial school students,
Board of Education of Cent. Sch. Dist. No. 1 v. Allen, 392 U.S. 236 (1968); invalidated Rhode
Island and Pennsylvania provisions that paid salary supplements to nonpublic school teachers of
secular subjects, Lemon v. Kurtzman, 403 U.S. 602 (1971); struck down a New York statute that
reimbursed religious schools for teacher-prepared tests, Levitt v. Committee for Public
Education, 413 U.S. 472 (1973); upheld an Ohio statute permitting diagnostic and therapeutic
services to nonpublic school students but struck down the provision of instructional materials
and field trip transportation left within the control of the nonpublic school, Wolman v. Walter,
State Regulation of Private Schools—Appendix C
337
433 U.S. 229 (1977); upheld a New York statute reimbursing nonpublic schools for state
mandated recordkeeping and testing, Committee for Public Education & Religious Liberty v.
Regan, 444 U.S. 646 (1980); upheld a Minnesota statue providing an income tax deduction for
tuition, textbooks, and transportation that benefited parents of children attending public, sectarian
and nonsectarian schools, Mueller v. Allen, 463 U.S. 388 (1983); permitted an Arizona school
district under a federal program (IDEA) to place a publicly funded sign language interpreter in a
sectarian high school to assist a disabled student, Zobrest v.Catalina Foothills School District,
509 U.S. 1, (1993); and, upheld placement of public school teachers in parochial schools to
provide remedial educational services under a federal program. Agostini v. Felton, 117 S. Ct.
1997 (1997).
The state statutes incorporate these Supreme Court decisions on the types of permissible public
aid. Twenty-seven states and the Virgin Islands have provisions permitting public funding of
transportation; Idaho law dictates that the costs must be recovered. Seventeen states have the
power or duty to loan free textbooks to private school students. Some states provide significant
assistance for health needs such as immunization, vision and hearing services, and diagnostic
testing. (See e.g. the laws of Michigan, New Hampshire, and New Jersey.)
While the parameters of state regulation of private schools are to a large extent shaped by our
federal constitution, it should also be noted that federal law on occasion directly influences the
operations of private schools. For example, federal law prohibits discrimination in the admission
policies of nonsectarian schools, (42 U.S.C. § 1981; Runyon v. McCrary, 427 U.S. 160 (1976)).
And the relationship between state governments and private schools can be forged through
federal grant statutes. For example, regulations implementing several federal funding grants
direct that states and local educational agencies provide private school children with a genuine
opportunity to participate, consult with private school officials and provide comparable benefits
for the private school students. 34 C.F.R. 76.650 et seq., 299.6 et seq. But the actual regulation of
private schools remains the prerogative of the state governments.
The Department of Education’s mission is to promote student achievement
and preparation for global competitiveness by fostering educational
excellence and ensuring equal access.
www.ed.gov
SECTION 1:
Dr. Elaine Aron, author of The Highly Sensitive Child, defines a highly sensitive child (HSC) as a person born
with a nervous system that is highly perceptive and quick to react to their environment. As 15%-20% of
the general population, these children are easily overwhelmed by high levels of stimulation, emotional
distress of others, and sudden changes.
These are not bad kids who misbehave in the classroom. In fact, they are very much rule-followers.
However they can often be labeled as ‘problems’ because their behaviors are varied and misunderstood.
Some HSC are emotionally intense, bossy, demanding, and active. They may exhibit temper-tantrum like
behavior when they are overwhelmed. Others may have seemingly opposite characteristics-- quiet, shy,
introspective, calm and obedient. The kids on this side of the highly sensitive spectrum may not seem like
a ‘problem’ at all, until they shut down when asked to join a group of children they don’t know or travel to
a place they are unfamiliar with.
Being labeled as a ‘problem’ invariably leads to a loss of self-esteem. Instead of celebrating differences
and strengths (such as intuition, creativity, empathy for others and deep wisdom), focus is on their
fearfulness, fussiness, hypersensitivity and ‘otherness’. They simply process their world differently, and
can be bullied by peers or uncomfortably singled out by teachers who don’t understand.
Unfortunately, because their learning environments are not right for them, many HSC start displaying
anxiety and depression at an early age. Add to their temperament another gift, such as dyslexia or
dysgraphia, and the difficulty of ‘doing well’ in school compounds drastically. They "hate school" because
they intuitively know that their environment is not a safe space. A percentage of these kids (1-5% of all
children ages 5-17) exhibit outright school refusal. This is different than truancy. Students demonstrating
school refusal display severe emotional distress which manifests in anxiety attacks, temper tantrums,
depression, difficulty sleeping, and/or somatic symptoms like headaches and stomachaches.
When children do not feel safe, their brains are stuck in a flight-fight-freeze pattern. No true learning is
possible. Without intervention, a highly sensitive child in crisis can quickly spiral into serious social and
emotional problems. In the short term, these students have more difficulties with peer relationships and
more family stress. They unsurprisingly demonstrate poor academic performance.
In the long term, this school refusal leads to academic underachievement, employment difficulties and an
increased risk of psychiatric illness. Unaddressed or untreated anxiety and depression can lead to
dropping out of high school and, more alarmingly, suicide. According to the 2018 CDC WISQARS, suicide
was the second leading cause of death for youth ages 5-18. In the 2019 Minnesota Student Survey, 1 in 5
teenage girls has "seriously considered suicide."
As both a highly sensitive person, and a parent of two HSC, I (Amy Marotz) refuse to stand by and watch
this downward spiral exist. By creating a unique school community that is consciously designed to nurture
HSC, I am assuring that the sons and daughters of our community will be supported and respected as
individual learners. These children will have control over their own educations, and their futures. They will
grow to be happy, healthy, well-balanced, and creative adults. In our school environment, they will learn
that embracing the gifts that come along with being a HSC will empower them to be amazing caretakers
and stewards of this world.
1
2
3
2
4
Awakening Spirit Farm School takes highly sensitive children who currently ‘hate school’ and
helps them reignite their love of learning in 3 months or less.
Traditional schools
often fall short of
meeting the needs of
a HSC either because
of space limitations,
overcrowding, lack of
money or
understanding.
WANDA P. FREMONT, M.D., State University of New York Upstate Medical University, Syracuse, New YorkAm Fam
Physician. 2003 Oct 15;68(8):1555-1561.
CALMING CLASSROOM
Every detail of our school is carefully and consciously curated to provide a
beautiful, soothing environment for highly sensitive children.
-Our school is located inside of a home. Soft colors, acoustic dampening,
natural lighting and elements (woods, fibers, minerals, plants) allow for a
warm and safe feeling throughout.
-Essential oil aromatherapy (whole-room and student necklace diffusers).
-Moveable tables and benches allow for ample workspace. Sheepskin rugs,
pillows, and blankets for comfort.
-In-school therapy animals (dog, rabbits, cats, fish) provide a calming
presence.
-Access to filtered, ionized, alkaline water and 'snack shelf’ filled with
healthy fruit, vegetable and whole-grain options for students throughout
the day.
SELF-DIRECTED EXPERIENTIAL LEARNING
Self-directed learning allows for students to have choice and a feeling of
control.
-Passion Projects: students learn "HOW to learn" through pursuing their
own interests with teacher and mentor guidance.
-Focus on mastery and understanding. We do not assign homework, tests
or grades.
-Hundreds of field trip opportunities (1/week, plus 3 week-long Roadschool
trips every year) for experiential learning and on-site observation.
INDIVIDUAL ATTENTION
Our educators see, hear and value each student as an individual.
-With a ratio of 8:1, each child gets an average 20-30 minutes a day of one-
on-one attention.
-Upper school students each have their own individualized math and
reading learning plans.
-Upper school student-parent-teacher conferences where students share
how they can be helped, their goals and what interferes with their learning.
MINDFUL TEACHERS
Our teachers provide the nurturing, consistent support and steady
guidance that HSC students need in order to flourish.
-Teachers may themselves be highly sensitive or be parents of HSC. They
are well-informed on implementing developmental psychology-based
practices.
-Teachers handle their class with gentleness and sensitivity. They do not
raise their voices or shout at students as a way of getting a point across.
-Teachers practice mindfulness together on a weekly basis, as well as teach
and practice mindfulness in the classroom daily (meditation, yoga, prayer).
STRONG COMMUNITY
Every student, teacher, and parent has a very important role in our
community. We practice love, compassion and grace with each other
while holding each other to the highest versions of ourselves.
-All families are an active part of our community. Parents are invited on all
field trips and Roadschool trips.
-Parents have an opportunity to speak with teachers twice a day.
-Students have a rotation of real work responsibilities both indoors and
outdoors to keep our school operating smoothly. Every job is important.
We host two community-wide celebrations a year. Neighbors, city officials,
friends, holistic practitioners, and church families come together on our
grounds to celebrate our learning and share a meal.
FARM ENVIRONMENT
Consistent exposure to nature decreases stress and anxiety, helps elevate
mood, and helps with emotion. Learning outside and connecting with
nature is a direct way for the future generation to appreciate and learn
conservation skills.
-Students spend 120+ minutes every day outdoors on 10 acres of natural
land.
-Daily farm chores in the gardens, and tending to animals (llama, goats,
chickens, rabbits, honeybees).
QUIET TIME & SPACE
Highly sensitive children need down time, and lots of it. Even the
extroverts.
-Daily rhythm is a ‘breathing in’, ‘breathing out’ that allows time to come
together as well as time for individuals to recharge.
-Main lesson classroom and separate kindergarten playroom, as well as
breakout spaces that shut out the noise, or shut in a group that needs to be
noisy for a time.
FLEXIBLE SCHEDULE
We trust our families to make their own decisions about missing school for
appointments, opportunities, and/or family time.
-Flexible drop off and pick up times to cater to family schedules
-Low-residency online option for students who are traveling or unable to
physicaly meet on the school grounds. KEY DESIGN FEATURES:Awakening Spirit Farm School Offers:
Every aspect of Awakening Spirit Farm School is intentionally designed for the
highly sensitive child. From the first moment that they step onto our property,
children who have felt unsafe in other schools are able to finally take a deep,
unrestricted breath of relief.
There are no other schools in our area that offer a truly gentle, individual, hands-on
educational experience that meets every emotional, physical, and spiritual need of a
highly sensitive child.
STUDENT EXPERIENCE:
EXISTING MODELS:
CHARLOTTE MASON METHOD- “Main Lesson”
Cultivating good habits of work, study, and community responsibility is of utmost importance in a
Charlotte Mason pedagogy. The atmosphere of the environment is absorbed into a child's
subconscious. Academic subjects should be experienced through ‘living thoughts and ideas’, not
just dry facts. Main Lesson topics are expressed to students from a wide variety of sources-
Shakespeare & the Bible, Natural & Applied Sciences, American & World History, and foreign
language. The works of great artists and composers are taught throughout these lessons.
Narration and guided note-taking help students construct their own illustrated textbooks to
contain their learning.
WALDORF-INSPIRED KINDERGARTEN
The Waldorf philosophy sees education as an art. Curriculum (storytelling, nature, seasonal study,
real life work) provides an unhurried way of learning that minimizes modern stressors and
protects childhood. Kindergarten children bake, paint, garden and craft year round in this warm
and loving environment. Forest time in our outdoor play space is a magical place for free,
imaginative play.
INDEPENDENT READING LESSONS: MindPlay Virtual Reading Coach-
MindPlay Virtual Reading Coach® (MVRC) is an effective, evidence-based, online reading program
that improves reading abilities. It permits students with diverse skills and unique needs to read
with control and precision. It teaches Phonemic Awareness, Phonics, Vocabulary, Grammar,
Comprehension, and Fluency . In 30 minutes a day, 4 days a week, the program offers each
student tiered instruction and remediation, but is also designed with content based on the Orton-
Gillingham methodology (specific instruction for dyslexic students). Metrics and results are
available immediately for teachers to track.
EXISTING MODELS:In order to serve the highly sensitive child, we have blended a variety of
academic and non-academic models in order to form the Awakening
Spirit Farm School instructional model.
INDEPENDENT MATH LESSONS: Teaching Textbooks
Teaching Textbooks™ were designed specifically for independent learners grades 3-12. In a web-
based platform, Teaching Textbooks present audiovisual step-by-step lessons and explanations for
every chapter and problem. Each student is able to progress through the program at exactly their
pace. It introduces terminology that students need to know for standardized tests such as the SAT
and ACT. Metrics and results are immediately available for teachers and parents to track.
SELF-DIRECTED LEARNING- “Passion Projects”
We call our self-directed learning time our “Passion Projects”, and they are easily the student’s
favorite part of our school day. This method of learning aims to teach students the most essential
skill of becoming lifelong learners-- the knowledge of how to learn. Teachers act as mentors and
guides. Instruction focuses on skills and practices that enable lifelong learning and independent
problem solving. The idea is that if the students can learn the ‘how’, content/topic becomes
interchangeable. The skills needed for taking on the responsibility of self directed learning may be a
key factor in students pursuing undergraduate education, postgraduate training, and continuing
professional development.
OUTDOOR EDUCATION/FOREST TIME:
In order to help our students become stewards of our environment, we believe they must
experience nature firsthand. Outdoor experiential activities (den building, fire lighting, tool use,
exploration, etc) develop problem-solving skills, co-operation abilities and leadership roles. A
positive element of risk and challenge is inherently present in this atmosphere, as children climb
trees, construct forts and explore nature. Adults are ever present to provide gentle guidance,
supervision and safety instruction.
MINDFULNESS/WELLNESS
Mind-body-spirit balance is of utmost importance for our HSC. Teachers bring mindfulness into
the classroom daily by incorporating brain-based cross-lateral movement, prayer, and guided
meditation during transition times. Twice a week, students experience and practice fitness,
meditation and nutrition with a local health & wellness coach. Students also use this learning to
plan, prepare and serve healthful meals and snacks every day.
Weekly martial arts provide mindfulness practice, focus, discipline, self-confidence, and work
ethic along with the actual self-defense skills that kids need to protect themselves. To round out
this element, the ”ABC’s of Safety”, a nationwide program developed by the Good Knight Child
Empowerment Network will be taught every summer. These 10 simple lessons teach children how
to recognize predators and keep themselves safe. They replace childhood vulnerability with
empowerment.INNOVATIVE MODELS7
FARM CHORES:
A rotating schedule of daily chores on the farm ensure that every member of our community has
an important and active role. Farm chores include teams for vegetable & flower gardens, animal
care (chickens, goats, llama), a groundskeeping team that assists teachers with lawn, trail and
forest upkeep, as well as a maintenance team that will accompany teachers to learn how to fix
equipment, fencing and classroom tools.
ADVENTURE DAYS:
Our weekly field trips (“Adventure Days”) are not only learning opportunities, they also help
inoculate highly sensitive children to the outside world. Sensitive children discover that ‘different’
is sometimes not ‘comfortable’, but it can be conquered. Weekly trips to museums, zoos, and
theaters in the Twin Cities expose our children to crowds and sensory stimulation. Respite is
found on our quiet school grounds, but we are able to return again and again to situations which
may cause stress, conquering former barriers to happiness and lifetime enjoyment.
ROADSCHOOLING:
Three times a year, our entire upper school has the opportunity to travel together to deepen our
understanding of specific topics. Students select a topic of study. As a group, we research
destination and transportation options, while looking for other learning opportunities to tie in
along the way. Because group travel can be a big hurdle for highly sensitive children, roadschool
trips are optional. Parents are always invited along to act as chaperones and support systems for
any HSC who want to join us on the adventure, but are not yet ready to travel without family.
LOW-RESIDENCY ONLINE PROGRAM
We know that it is not always possible to physically be at school. In order to serve children who
can not be on the school grounds, for any reason, we have a remote learning option that includes
independent learning plans, Main Lessons, and self-directed learning. The flexibility offered by
this platform is paramount for keeping our students connected with their school community,
regardless of location.
INNOVATIVE MODELS
I have been teaching for the past 15 years. My first position was as a founding teacher at the Minneapolis Academy
charter school (90% free & reduced lunch, inner city Minneapolis). It was a dream opportunity for a first-year teacher to
be able to design my classroom and curriculum from the ground up. The school launch and first three years of operation
were hard work, educational, and extremely rewarding.
After leaving the public sector to raise and educate my own two HSC, I embraced the importance of simplicity, calm,
rhythm and strong spiritual home life for young, highly sensitive children. I began writing guest blog posts for Simplicity
Parenting community, and became known for gentle, responsive parenting and homeschooling advice.
A few years later I heard about the stress and anxiety that a friend’s highly sensitive child had in the public school
system. My friend's daughter was breaking down into tears every day. This little eight year old girl was a perfectionist-
a rule follower who was so worried about the possibility of not getting the ‘right answers’ that she would be unable to
do anything but cry. The classroom was loud and crowded. Her classmates made fun of her. Her teachers were
frustrated that she couldn’t just ‘get over it’. She begged her mother to homeschool her, but her mom was a single
parent and a business owner with no free time to do so. She refused to go to school. Their family needed an
alternative. My heart ached for that child and I felt called to start my own microschool that would hear, see and value
highly sensitive children who needed a change.
In 2017, I registered “Awakening Spirit School” as a nonpublic school with the state of Minnesota. My proof-of-concept
school operating budget was very low as a result of holding classes in the basement of my family home. Over the next
two years, I was able to grow the student body from 3 to 7 enrolled children, grades K-8. Parents were beside
themselves with gratitude. Students transformed into happy, healthy, self-confident learners. They now loved school.
During the 2019-2020 school year, word of "AWS" spread organically through the HSC community. Curious teachers and
holistic practitioners began referring new students. It was then that I knew my proof-of-concept experiment had just
about run its course. It was time to open a stand-alone, "Awakening Spirit Farm School". Armed with a sound business
plan and budget, a crystal-clear vision, a creative and enthusiastic staff and support team, and open lines of
communication between families, staff and administration, I am ready to truly bring the vision of a holistic, nature-based
farm school community to life.
With 15+ years teaching experience, Amy prides herself on truly hearing, seeing and valuing
every individual student. She believes that the most important product of any educational
system should be a happy, healthy child, balanced in mind, body and spirit. She strives to fill
students with abiding love, compassion and grace for themselves, their families, and their
communities at large.
She is currently the sole teacher of the proof-of-concept "Awakening Spirit School", and is excited
to be joined by two additional full-time teachers when Awakening Spirit Farm School opens its
doors in September 2020.
SECTION 2:BA in English & Studio Art St. Olaf College
M.Ed Bethel University
LEADERSHIP TEAM BIOGRAPHIESAmy Marotz,
Founder & Director
Holistic Education Expert
A Short History of Awakening Spirit Farm School:
Being raised in rural Wisconsin gave Thor the opportunity to learn agricultural practices from
local farmers. He spent every free moment of his youth exploring the abundance of lakes,
rivers, fields and forests around him. As an avid outdoorsman, his passion is to teach the next
generation to appreciate, respect and enjoy nature and its splendors. He wants every child to
realize the importance that people have in relation to their environment on a global scale.
As a skilled businessman, craftsman, and parent of a highly sensitive child (age 4), he has a
wide variety of skills that will lend themselves to both operating a school, as well as mentoring
and inspiring students' Passion Projects ( asphalt paving, masonry, woodworking, carpentry,
landscaping, tile, cooking, gardening, sales, and restaurant/inventory management).
Thor's ability to make genuine connections with students, while quietly evaluating their
individual passions in order to mentor them, is a unique combination. He has a powerful
vision for the environment and giving back to the community that stems from an early
childhood, mixed-age forest kindergarten model (ages 3-6) that will educate children gently
and naturally.
Thor Riley,
Forest Kindergarten Teacher
Outdoor Education Expert
Twenty-one years serving in the US Air Force has given Aaron unique knowledge in
entrepreneurship and leadership. He served as a Unit Training Manager as well as a Base
Education Training officer, directly responsible for mentoring and guiding all new recruits
through basic and initial skills training.
Aaron and his wife also own and operate three businesses based on residual income concept.
They utilize systems to leverage their businesses to create time freedom to spend more time
with their two highly sensitive children (ages 8 & 11), and to pursue their passions of travel
and adventure.
Aaron is an extremely animated and passionate teacher. His background in elementary
education combines with his authentic positivity to ignite a love of learning in every student
he comes in contact with, making him an amazing mentor and guide for our school.
Growing up as a highly sensitive child with a learning disability, David taught himself many
coping mechanisms to beat the odds. He credits much of his success to spending hours and
hours outside with his grandfather, learning how to work with his hands. He was diagnosed
with auditory dyslexia while an undergrad, which allows him to connect on a personal level
with many of our students who have similar gifts.
David graduated from St. Olaf College, and spent the following years as a consultant for a
Healthcare IT companies. In the midst of this, he obtained his MBA at Yale University. He
spends his free time skiing, volunteering as a Sunday School teacher and a Den leader with
local BSA Scout troop 56. He now serves as our Volunteer Business Director.
David is also our technology expert. He facilitates an upper school classroom that runs
smoothly and is able to access 21st century tools to explore, experience, and present their
learning portfolios. He has been working part time for the proof-of-concept school, and will
continue to assist as needed with Awakening Spirit Farm School.
Aaron Bayer,
Upper School Teacher
Leadership/Entrepreneurship Expert
BS in Business Administration
Management/Psychology
University of Wisconsin- Green Bay
David Marotz,
Business Director
Technology Expert
BA in Economics Management- St. Olaf College
MBA- Yale University
BS in Elementary Education
University of Wisconsin- River Falls
Amanda Riley,
Health/Wellness
Eric Howard (TBD)
Martial ArtsAdvisory Board
Volunteer Advisory Board meets quarterly with the Director
to provide assistance and advice. They may choose to attend
the monthly staff meeting if they wish.
Contract teachers will teach 1-4 hours/week.
They may be asked to mentor for specific student passion projects.
Contract teachers will attend a monthly staff meeting.
Director / Lead Teacher
Amy Marotz, MEd
ORGANIZATIONAL CHARTAaron Bayer, BS
Upper School Teacher
Thor Riley, BS
Forest Kindergarten Teacher
David Marotz, MBA
Business Director (volunteer)
Roger Ruetten, MBA
SCORE Mentor
Mara Linaberger, EDD
Microschool Builders
Liz Lajoie, MBA
Finance/Payroll/Accounting
ZenMoney
Heather Stephens, BA
Marketing
Wise Owl Marketing
Extended Network
Full Time Teachers
Part-Time Contract Teachers
Teachers & Director will have one weekly meeting to discuss staff agenda
items, discuss student progress, and practice mindfulness together.
FT teachers will also attend a monthly all-staff meeting.
AWFS has professional
relationships with the
following businesses:
NASM:CPT, WES, BMSCO
Beverly Davidek, Esq
Legal
Davidek Law Firm, PLLC
Danielle McPherson
Human Resources
At Awakening Spirit Farm School, success will be obtained when every student
feels personally significant, welcomed and recognized as an individual.
Student loves school.
Student feels energized & fulfilled at the end of their day.
Student feels confident & in control of pursuing their passions.
Upon graduation, they will be happy, balanced, productive junior members of
society. They will know how to learn, and will have the tools to follow their dreams
and be fulfilled in their chosen career field.
SHORT TERM GOALS
Tracked via Parent/Teacher/Student conference
interviews and surveys; standardized testing metrics
-Students are excited & happy to attend school every
day.
-Students make authentic connection with teachers
and friends. They feel they are a valued member of
our community.
-Students learn and use mindfulness techniques
throughout the school day and at home.
-Students understand that they are caretakers of our
natural environment.
-Students can recall and share what they've learned
during this week/month's main lesson topics (upper
school).
-Students can identify and pursue their own interests
& passion projects (upper school).
-Students perform at or above expectation on end-of-
year- standardized testing (upper school).
LONG TERM GOALS
Tracked via annual survey and/or gatherings of
graduate families
-Student Advancement: Students will enter and
successfully complete the high school program of
their choice (homeschool, private, public).
-Student Advancement: After high school, every
graduate can and will successfully pursue the
career they want (via apprenticeships, trade
school, college or university).
-Every graduate blossoms into a happy, well-
balanced, healthy and productive member of our
global society.
-Graduates will understand and demonstrate in
their personal lives the value of serving their
communities and caring for the environment.STUDENT OUTCOMESDefinitions & Goals
"I decided to pull Tay out of traditional school after 3rd grade.
Why? Well, there were many reasons actually and there has not
been a day that I've regretted it. One such reason was that Tay’s
self-confidence was much lower than it should have been. She is a
perfectionist, and was very discouraged and frustrated to tears
(often) in the traditional school setting when she couldn’t “do
something” as well or as quickly as the teacher expected the
students to do. She was a struggling reader with NO interest in
books. As every child, Tay has a unique way of learning and
developing. Once she started attending Awakening Spirit School,
she got to experience a teacher who is able to foster that. Tay
LOVES school, like LOVES it! She is actually sad on Fridays cuz
she won't be in school and happy on Sundays when she gets to go
back to school!!! Tay is always reading. She now brings a small pile
of books home from library days, and can be found lounging on
the couch with her puppy and a book. Her reading assessments
have jumped to being to right at grade level. As far as socialization
and real-world experiences, Tay has gone on roadschool trips to to
Atlanta, Arizona, South Dakota, Colorado and New Mexico...on
these adventures she has been to museums, exhibits, water parks,
river rafting, camps, sand dunes, parks, aquariums and so much
more that she would never get to experience without this school!
Her self-confidence has sky-rocketed and she has grown
tremendously as she’s been able to discover life on her own terms."
-Amanda R, parent
testimonialsproof-of-concept
Some of you know I switched my babies to a private -microschool because I know they
need more support emotionally and definitely more time outside. I made excuses for years:
the cost, the drive to Woodbury and commute back into Minneapolis. Finally- I leapt.
Because the decision made absolute sense for my babies. Take my advice and get
connected with a fabulous woman who is supporting and
loving my children and opening their world to a whole new
dimension of exploration and self-directed learning.
My kids have been through a lot this past year. This school
and the love they have received has changed our lives. Amy
is patient, innovative and loves my children as her own. I
couldn't ask for a better teacher!
-Melissa M, parent
Parents of highly sensitive children are searching for a viable alternative to traditional school.
Their level of desperation is a function of how poorly their child is currently doing. By the time
they have come to us they have “tried everything”- counseling, in-school IEP’s, occupational
therapy, dietary adjustments, holistic treatments, medication. The only thing that they are unable
to control for is the environment their kids are in during the day. Most of our parents work full
time. They need a school alternative that combines the comforts of home with the support of
teachers trained to work with HSC.
Our families practice mindful, intentional parenting. They are aware of their children’s
temperaments (and may be highly sensitive adults themselves), and they choose to honor who
their children are as people. They have been awakened to the idea that their children cannot be
defined by test scores alone. They want to know their child is being seen, heard and valued as an
individual.
Families of HSC need the school day to be flexible to accommodate therapies, holistic treatments,
and ‘mental health days’. While we monitoring and tracking student attendance and retention,
we do not assign punitive unexcused absences or tardies. We trust our families to make mindful
decisions with the highest good of their children in mind. Our low-residency remote school
program is available to serve students who, for any reason, are unable to be physically at school.
"It's no secret that my son was really struggling with school prior
to this year. He is a highly sensitive kid. At the age of 5 he had a
number of labels slapped on him. I was told that I needed to
medicate, and he would come home every day and tell me how
stupid and naughty he thought he was. He hated school, all during
the preschool years. Every day was an absolute struggle. After the
first month of Kindergarten at Awakening Spirit School, he came
home from school and “read” me a book he wrote, and the book is
all about how much he loves school now. Then he talked my ear
off non stop for an hour. I couldn’t even respond because I was so
close to tears. After his first full school year, we can see how he
has blossomed into an awesome learner, he is EXCITED about
going to school every day and going on learning adventures
weekly. We have seen his self esteem soar and I have not heard the
stupid word come out of his mouth again. My husband and I have
since decided to pull our older son from traditional school, and
enroll him at AWS as well. We are in full support of the
Awakening Spirit School mission. What a wonderful world this
will be when the lessons of love, compassion and grace are
absorbed and re-taught by the next generation." COMMUNITY ENGAGEMENTFamilies & Students-Jen B, parent
COMMUNITY ENGAGEMENTBlissful Oasis is a nonprofit that serves the local St. Croix River Valley
communities with retreat programming. They have been very
supportive of Awakening Spirit School, providing our teachers with
mindfulness training and referring potential families.
Woodbury Thrives is a nonprofit that focuses on connecting the
community to inspire health and well-being for everyone.
Awakening Spirit School participates in their community-wide
events.
Shepherd of the Valley Lutheran Church (Afton, MN) serves the St. Croix
River Valley communities. Amy Marotz is a respected volunteer teacher
for the children's ministry (10+ years). SOTV has donated equipment &
supplies to Awakening Spirit School.
The Children's Farm is a nonprofit that offers an early childhood and
preschool option in Stillwater, MN. Nancy Jones, founder, is a resource
for both wisdom and potential students when they graduate from her
program.
David Marotz is involved in the Leadership of Cub Scout Pack 46. We have
several students who are members of girls' BSA Troop 7071. We will
support their volunteer and complementary advancement opportunities.
SCORE nonprofit has been a valuable resource for starting a small
business. Our mentor, Roger Ruetten, is a member of our advisory
board. He has made many connections for us within the St. Croix River
Vally communities. RelationshipsAs our model is easily replicable for anyone with access to natural grounds, we look forward to
mentoring other schools in best practices for highly sensitive children.
We wish to partner with local teaching colleges to provide a field placement and/or student
teaching program in a truly alternative setting. Educating our educators is an important part of
building a legacy and changing the paradigm.
We look forward to having community open house days, where not only families, but other
curious teacher and administrators from the public and private sectors will be invited to come and
join us and bring back ideas for serving highly sensitive children that may work in their own
settings.
The City of Lake Elmo is nestled
between downtown Saint Paul (20
min) and the St Croix River Valley.
Its location and accessibility has
made it one of the most desirable
and fastest growing communities in
the Twin Cities metropolitan area
over the past decade.
Bringing a small, farm-based, ‘one-
room schoolhouse’ type business to
Lake Elmo will help perpetuate its
small-town charm.
We will be securing a 10+ acre wooded rural residential
farm property within a 10 minute radius off I-94 in Lake
Elmo, MN.
We need an existing home for indoor classroom space with
a private driveway, and at least three paved parking
spaces. concept art by Amy Marotz
Microschools are such a novel concept, the city planning offices do not currently have template
language in place to categorize such a small school.
We have found that fire departments of some cities tend to consider us as an 'in-home daycare' for
fire code regulations, because we have a small occupancy and are planning on being located in an
existing home.
The Washington County health department considers our kitchen a 'home economics classroom'
because our students plan, prepare and serve all of our meals.
For septic needs, Washington County says we need to be able to process 14 gallons of waste water
per student, per day.
RESOURCES
PAGE 1:
1 Aaron, E. (2003). The Highly Sensitive Child: Helping Our Children Thrive When The World Overwhelms Them. New
York: Harmony.
2 Fremont, W. (2003). School Refusal in Children and Adolescents. American Family Physician, 68(8), 1555–1561.
Retrieved from https://www.aafp.org/afp/2003/1015/p1555.html
3. Willis, J. (2014, July 18). The Neuroscience Behind Stress and Learning. Retrieved March 3, 2020, from
https://www.edutopia.org/blog/neuroscience-behind-stress-and-learning-judy-willis
4. Minnesota Student Survey Reports 2013-2019. (n.d.). Retrieved March 11, 2020, from
https://public.education.mn.gov/MDEAnalytics/DataTopic.jsp?TOPICID=242
PAGE 19:
1. Dettweiler U, Becker C, Auestad BH, Simon P, Kirsch P. 2017a. Stress in School. Some Empirical Hints on the Circadian
Cortisol Rhythm of Children in Outdoor and Indoor Classes. Int J Environ Res Public Health. 14(5). pii: E475.
2. Taylor AF, Kuo FE. 2009. Children with attention deficits concentrate better after walk in the park. J Atten Disord.
12(5):402-9. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/18725656/
3. Beer, T., Cook, A., Kantor, K., (2018). Running Wild: Engaging and empowering future custodians of place through
creative nature-based play. Journal of Public Pedagogies, 3. Retrieved from
https://www.childrenandnature.org/research/creative-nature-based-play-embedded-in-the-participatory-arts-fosters-
childrens-connection-to-nature-and-promotes-their-ability-to-act-as-agents-of-change-in-their-local-environment/
4. Pierre, K. N., Grolnick, W. S., Stewart, A. L., & Raftery-Helmer, J. N. (2017). Study Highlights Value of Acknowledging
Adolescents' Perspectives. Retrieved March 1, 2020, from https://www.srcd.org/news/study-highlights-value-
acknowledging-adolescents-perspectives
5. Napoli. M., Krech, P.R., & Holley, L.C. (2005). Mindfulness Training for Elementary School Students. Journal of Applied
School Psychology, 21(1), 99 – 125.
6. Weare, K. (2012). Evidence for the Impact of Mindfulness on Children and Young People. University of Exeter. Retrieved
from https://mindfulnessinschools.org/wp-content/uploads/2013/02/MiSP-Research-Summary-2012.pdf
ResourcesDocument Design by Amy Marotz
9
U.S. Department of Education
Minnesota State Regulations
Updated November 20, 2012
State Regulation of Private and Home Schools — Map
Private Schools
Accreditation, Registration, Licensing, and Approval
• Minnesota defines a nonpublic school as any school, church or religious organization, or home school
where a student can fulfill compulsory education requirements, that is located in the state, and that
meets the requirements of Title VI of the Civil Rights Act of 1964. Minn. Stat. Ann. §123B.41, Subd. 9.
• Accreditation is optional.
The Nonpublic Education Council may recognize educational accrediting agencies. Minn. Stat.
Ann. §123B.445.
Minnesota nonpublic schools (traditional private schools or home schools) that are directly
accredited by an organization that has been recognized by the Minnesota Nonpublic Education
Council or the Commissioner of Education are eligible for reduced reporting requirements to the
superintendents of the districts where their students reside, as outlined in Minn. Stat. Ann.
§120A.22, Minnesota Compulsory Instruction Law.
• No requirements for Registration.
• No requirements for Licensing.
• No requirements for Approval.
Teacher Certification
• Teacher certification is optional. An instructor in Minnesota must meet one of the following criteria: Hold
a valid Minnesota teaching license for the grade level at which he or she will teach; be directly
supervised by an individual with a valid Minnesota teaching license; successfully complete a teacher
competency examination; provide instruction in a school that is accredited by an accrediting agency
recognized by the commissioner. Minn. Stat. Ann. §122A.15; hold a baccalaureate degree; be a parent
of a child whose performance is assessed each year in accordance with Minn. Stat. Ann. §120A.22,
Subd.11. Minn. Stat. Ann. §120A.22, Subd. 10.
Length of School Year and Days
• The state does not regulate the length of the school year for students attending nonpublic schools.
Curriculum
• Minnesota's compulsory education law requires instruction in 1) basic communication skills, including
reading, writing, literature, and fine arts; 2) mathematics and science; 3) social studies, including history,
geography, and government; and 4) health and physical education. Minn. Stat. Ann. §120A.22, Subd. 9.
• Instruction, textbooks, and materials must be offered in the English language. Minn. Stat. Ann. §
120A.22. Another language may be used for students with limited English proficiency. Minn. Stat. Ann.
§§124D.59-124D.61 et seq.
• School districts may provide nonpublic school students of limited English proficiency the opportunity to
participate in specially designed programs for such students attending public school. Minn. Stat. Ann.
§124D.65, Subd. 6.
• Nonprofit, nonpublic, nonsectarian schools may contract with local school districts to provide educational
services to at-risk children under the state's High School Graduation Incentives Program. Minn. Stat.
Ann. §124D.68.
• Nonpublic schools may contract with local school districts to provide American Indian language and
culture education programs to American Indian children. Minn. Stat. Ann. §124D.74.
• The State Department of Education may provide assistance to nonpublic schools participating in a local
school district's violence prevention education program at neutral sites. Minn. Stat. Ann. §120B.22.
U.S. Department of Education
Recordkeeping and Reports
• Nonpublic schools must complete and submit the Minnesota Compulsory Instruction Report to the local
superintendent by October 1 of each school year. The report requires the name, age, and address of
each child receiving instruction. In addition, schools not accredited by the Minnesota Department of
Education or an accrediting organization recognized by the Minnesota Nonpublic Education Council
must also report the name of each instructor and evidence of their qualifications; and they must make
available documentation that the requisite subjects are being taught and provide class schedules,
materials for instruction, and descriptions of methods used to assess student achievement. Minn. Stat.
Ann. §120A.24.
• Nonpublic school administrators are responsible for issuing age certificates for students in attendance
who wish to obtain employment. Minn. Stat. Ann. §181A.06.
• Any minor 14 or 15 years of age who wishes to work on school days during school hours shall first
secure an employment certificate. The certificate shall be issued only by the school district
superintendent, the superintendent's agent, or some other person designated by the board of education.
The employment certificate shall be issued only for a specific position with a designated employer and
shall be issued only in the following circumstances:
1. if a minor is to be employed in an occupation not prohibited by rules promulgated under Minn.
Stat. Ann. §181A.09 and as evidence thereof presents a signed statement from the prospective
employer; and
2. if the parent or guardian of the minor consents to the employment; and
3. if the issuing officer believes the minor is physically capable of handling the job in question and
further believes the best interests of the minor will be served by permitting the minor to work.
Health and Safety Requirements
• Immunizations are mandatory for students attending any elementary or secondary school in Minnesota
unless contraindicated for medical reasons or contrary to conscientiously held beliefs of the parent or
guardian or emancipated student. Minn. Stat. Ann. §121A.15.
• The State Department of Education may assist private schools participating in a local school district's
AIDS prevention or AIDS risk-reduction program at a neutral site. Minn. Stat. Ann. §121A.23.
• Private schools not subject to crisis management policy requirements in accordance with Minn. Stat.
Ann. §121A.035 are required to have at least five school lockdown drills, five school fire drills consistent
with Minn. Stat. Ann. § 299F.30, and one tornado drill. 2006 Omnibus Education Policy Act, Chapter 263
Article 1 Section 7.
• Private schools are required to have at least nine fire drills each school year and to keep all doors and
exits unlocked from the inside during school hours. Records of drills must be posted for review by the
state fire marshal. Minn. Stat. Ann. §299F.30.
• All schools must be operated in compliance with the uniform fire code. Minn. Stat. Ann. §299F.391.
• Private schools may develop a voluntary fingerprinting program for pupils in conjunction with law
enforcement agencies having jurisdiction where the nonpublic school is located. Minn. Stat. Ann.
§123B.07.
• Private schools may participate in school district chemical abuse programs. Teachers at participating
schools have a duty to report incidences of chemical abuse on school property or at school-related
activities. Minn. Stat. Ann. §§121A.26; 121A.29.
• Local authorities may establish the speed limit within a school zone of a private school based on an
engineering and traffic investigation. Minn. Stat. Ann. §169.14, Subd. 5a.
• The commissioner of public safety distributes a missing children's bulletin to private schools on a
quarterly basis. Minn. Stat. Ann. §299C.54.
• An assault against a private school teacher performing official duties that results in demonstrable bodily
harm is a gross misdemeanor. Minn. Stat. Ann. §609.2231 Subd. 5.
• Private school instructional or supervisory staff may use reasonable force to restrain a student from self-
injury or injury to another or to property. Minn. Stat. Ann. §609.379.
Transportation
U.S. Department of Education
• A school district eligible to receive state aid for transportation must provide equal transportation within
the district for all school children to any school when transportation is necessary because of distance or
traffic conditions. Transportation may be provided under limited circumstances to out-of-district schools.
Transportation is also authorized for private school students receiving pupil support services at public
schools or neutral sites. Minn. Stat. Ann. §123B.86.
• Private school students transported by a public school district must act in accordance with the student
bus conduct and discipline policies of the transporting public school district. 2006 Omnibus Education
Policy Act, Chapter 263 Article 1 Section 10.
• Public transportation of private school students attending parochial schools does not violate the
Minnesota constitutional provision prohibiting the use of public funds to support sectarian schools.
Americans United Inc. as Protestants and Other Americans United for Separation of Church and State v.
Ind. School Dist. No. 622, Ramsey County, 179 N.W.2d 146, Minnesota Supreme Court (1970).
Textbooks
• Local school districts must provide or loan "textbooks, individualized instruction or cooperative learning
materials, and standardizes tests" to students enrolled in nonpublic schools upon formal request on
designated forms. Textbooks include only those secular, neutral, and non-ideological textbooks available
to public school students. Minn. Stat. Ann. §123B.42.
• If the state appropriation for services is not sufficient, the State Department of Education must notify the
school districts of the need to prorate the appropriation. Minn. Stat. Ann. §123B.47.
Testing
• Local school districts must provide standardized testing services to students enrolled in private schools
upon formal request. Minn. Stat. Ann. §123B.42.
• Students attending private schools that are not accredited by a state-recognized accrediting agency
must be assessed annually using a nationally norm-referenced standardized achievement examination.
Students attending private schools accredited by a state-recognized accrediting agency are exempt from
the testing requirement. Minn. Stat. Ann. §120A.22, Subd. 11.
• Minnesota may pay all or part of the fee for Advanced Placement (AP) examinations for needy students
attending nonpublic schools. Minn. Stat. Ann. §120B.13.
Special Education
• Students with disabilities attending private schools that fulfill the compulsory instruction requirements
and comply with Title VI of the Civil Rights Act of 1964 may not be denied special instruction and
services on a shared time basis through the public school. Transportation to and from the nonpublic
school may be provided by the school district. Minn. Stat. Ann. §125A.18.
• Educational institutions are prohibited from discriminating on the basis of race, color, creed, religion,
national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, or
disability, or from failing to ensure physical and program access for persons with disabilities. Religious
corporations, associations, and societies are exempt with respect to qualifications based on religion or
sexual orientation, when these are bona fide occupational qualifications. Religious or denominational
institutions may limit or give preference to applicants of the same religion. Single-sex private schools are
also permitted. Minn. Stat. Ann. §§363.02 Subd. 1, 3; 363.03 Subd. 5.
Nursing and Health
• Local school districts must provide equivalent health services and guidance or counseling services "as
are provided to public school pupils by the district where the nonpublic schools is located" to students
attending nonpublic schools upon formal request. Health and guidance and counseling services may be
provided on the nonpublic school grounds. Minn. Stat. Ann. §123B.44.
• Nonpublic school students may participate in the state's milk program that ensures all students have
access to milk on a daily basis. Minn. Stat. Ann. §124D.118.
• If a nonpublic school participates in the school lunch aid program or school breakfast program, the
school must make lactose-reduced milk available to students. Minn. Stat. Ann. §124D.114.
U.S. Department of Education
• If a nonpublic school participates in the school lunch aid program or school breakfast program, state aid
is provided on a per-meal basis in addition to the federal reimbursements. Minn. Stat. Ann. §124.D.111
and 124D.1158.
Technology
• Minnesota traditional nonpublic schools may purchase computers through the Minnesota Computers for
Schools Program. Computers for Schools is a program of the Minnesota Correctional Facility, where
inmates refurbish computers donated by corporations.
• Minnesota traditional nonpublic schools are covered under the Telecommunications/Internet Access
Equity Aid. Minn. Stat. Ann. §125B.26.
• Minnesota nonpublic schools may participate in the federal E-Rate program.
Professional Development
• Nonpublic school administrative units are eligible for nonvoting associate memberships in the
Educational Cooperative Service Units. The ECSU performs educational planning on a regional basis
and provides educational programs and services. Minn. Stat. Ann. §123A.21, Subd. 3.
• The Minnesota Academic Excellence Foundation was established to promote academic excellence in
Minnesota public and nonpublic schools. Through the foundation, students and teachers are recognized
for academic excellence, and an academic league provides competition for public and nonpublic
students in elementary and secondary schools. Minn. Stat. Ann. §124D.94, Subd. 2.
Reimbursement for Performing State and Local Functions
• There is no state policy at this time.
Tax Exemption
• A nonprofit nonpublic school may complete the Minnesota Department of Revenue's Application for
Nonprofit Exempt Status—Sales Tax. Minn. Stat. Ann. §297A.70.
Public Aid for Private Education
• Constitutional Provisions: "In no case shall any public money or property be appropriated or used for
the support of schools wherein the distinctive doctrines, creeds or tenets of any particular Christian or
other religious sect are promulgated or taught." Minn. Const. art. XIII, § 2.
• Programs for Financial Assistance for Attendance at Private Schools: K—12 Education Credit and
Subtraction Program provides financial assistance to parents of qualifying students through Minnesota
tax credits for qualified educational expenses. Students qualify if they attend a public, private, or home
school. Qualified educational expenses include tutoring by a qualified instructor; fees for qualified after-
school programs; tuition for qualified summer camps; music lessons; qualified nonreligious books and
materials; purchase or rental of musical instruments for use in regular school music classes; qualified
transportation costs; and up to $200 in computer related expense. The subtraction program was enacted
in 1955 and expanded in 1997. It allows parents of qualifying students to receive subtractions from their
taxable income for qualified expenses that are covered by the tax credit, as well as tuition for private
school and college courses that satisfy high school graduation requirements. The same expense cannot
be claimed as both a credit and subtraction. The amount of the credit is 75 percent of the amount
expended, with income restrictions on the maximum credit amount. The maximum subtraction amount is
$1,625 for students in grades K—6 and $2,500 for students in grades 7—12. Minn. Stat. Ann. §290.0674
and Minn. Stat. Ann. §290.01.
Home Schools
• "The parent of a child is primarily responsible for assuring that the child acquires knowledge and skills
that are essential for effective citizenship." Minn. Stat. Ann. §120A.22.
• A home school is defined as a nonpublic school wherein a resident of Minnesota may legally fulfill the
compulsory instruction requirements. The home school must be located within the state and must meet
the requirements of Title VI of the Civil Rights Act of 1964 (Public Law 88-352). Minn. Stat. Ann.
§123B.41.
U.S. Department of Education
• The local superintendent is responsible for ensuring compliance with Minnesota's compulsory instruction
law. Minn. Stat. Ann. §120A.26.
Initial and Renewal Applications
• A parent conducting a home school must complete and submit documentation that meets annual
reporting requirements to the local superintendent by October 1 of the first school year "the child
receives instruction after reaching the age of seven." Minn. Stat. Ann. §120A.24.
• Home school instructors submit to the local superintendent either a full report or a Letter of Intent to
Continue Homeschooling. Minn. Stat. Ann. §120A.24, §120A.22, §121A.15.
Curriculum and Instruction
• Home schools are required to provide instruction in: 1) basic communication skills, including reading,
writing, literature, and fine arts; 2) mathematics and science; 3) social studies, including history,
geography, and government; and 4) health and physical education. Minn. Stat. Ann. §120A.22.
• Instruction, textbooks, and materials must be in the English language. It is permissible to use another
language in addition to English, according to Minn. Stat. Ann. §124D.59-124D.61.
• Home school students may take non-elective core courses in the local public school at the discretion of
the local school district. Local school districts receive prorated funding from the state for the portion of
time used to educate nonpublic school students. Minn. Stat. Ann. §126C.19.
• Home school students are eligible to participate in cocurricular activities in their resident local school
district. Minn. Stat. Ann. §123B.49.
• Teacher certification is not required. However, if the home school is not accredited by a Minnesota state-
recognized accrediting agency (TEACH or HBEA as of September 2008), then the parent is required to
submit instructor qualifications in accordance with the Compulsory Instruction Law. Minn. Stat. Ann.
§120A.22, Subd.10(6).
Assessment and Diplomas
• A home school student is required each year to be "assessed using a nationally norm-referenced
standardized achievement examination." Both the parent and the superintendent must agree on the
specific examination, the administration, and location of the examination. Minn. Stat. Ann. §120A.22,
Subd.11.
Health
• Home schools must submit immunization to the local school district in which the home school is located
the first year of the child's homeschooling in Minnesota and the grade seven year. Minn. Stat. Ann.
§121A.15.
Tax Exemption
• Limited aid is available. Costs can include instructional materials, field trips, and most importantly,
parental time, as the parent/guardian is the instructor and administrator of the homeschool. Minn. Stat.
Ann. §§123B.41, 290.0674.
Public School Access
• School districts "shall allow all resident pupils receiving instruction in a home school ... to be eligible to
fully participate in extracurricular [but not co-curricular] activities on the same basis as public school
students."Minn. Stat. Ann. §123B.49, Subd.4(a).
• Shared Time – School districts may establish policies that allow nonpublic school students who reside in
a district to take public school classes to fulfill the district's graduation requirements. Local policy
determines which classes are eligible and other factors may affect a nonpublic school student's ability to
enroll. Minn. Stat. Ann. §§126C.19; 126C.01, Subd. 6-8.
Web Resources
Information and Legislation
• Minnesota Department of Education (MDE): School and Enrollment Choices Homeschool Full Report,
Letter of Intent to Homeschool, Frequently Asked Questions about Homeschooling
U.S. Department of Education
• MDE: Nonpublic Education Council
Minnesota Department of Revenue: Education Credit and Subtraction
• 2012 Minnesota Statutes
• Chapters 120 — 129B, Education Code: Prekindergarten — Grade 12
• 2012 Minnesota Statutes Index (topics) — NONPUBLIC SCHOOLS
• 2012 Minnesota Statutes Index (topics) — HOME SCHOOLS
Contact Information--State and Federal Departments of
Education
• Minnesota Department of Education
1500 Highway 36 West
Roseville, MN 55113-4266
Phone: 651-582-8200
Fax: 651-582-8724
E-mail: mde.contactus@state.mn.us
Website: http://education.state.mn.us/mde/index.html
• U.S. Department of Education, Minnesota
https://www2.ed.gov/about/inits/ed/non-public-education/regulation-map/minnesota.html
1
Ben Prchal
From:Joan Ziertman <ziertman@msn.com>
Sent:Sunday, May 10, 2020 4:02 PM
To:Ccadenheadjr@gmail.com; brandonwmueller@icloud.com; Weeksendsigns@aol.com;
steilbrian@gmail.com; kyle.risner@gmail.com; jeff.e.holtz@gmail.com;
jmgraen@gmail.com
Cc:Ken Roberts; Ben Prchal
Subject:ZTA - Farm School
Caution: This email originated outside our organization; please use caution.
Planning Commission Members:
I would like to speak against the ZTA amendment regarding the farm school. I believe that this Commercial
use is not compatible in the rural districts, especially the Rural Residential District which I live in. I believe
allowing this commercial use as an "accessory use" (which it clearly is not) via a CUP opens up the City to
unintended consequences and is not necessary. An "accessory use" should be incidental and subordinate to
the principle use and I don't see that being the case here with the large number of students. Would we allow
non‐profit schools and take the property off the tax rolls? Just because people want to do things in the City,
doesn't mean that they are in the best interest of the City in general.
I did not see any information submitted by the Fire Chief, Building Official, Washington County Health or
Washington County Septic. I believe that all of these entities should weigh in on this use, and what would be
required, before it is even considered. Having this type of Commercial Use would have impact on all of these
areas. I believe this use would be considered a use classification of an "E" in the building code which would
necessitate many things. I believe it would require fire sprinklers and fire alarms, there are accessibility issues,
and square footage requirements. I do not think that Washington County would consider the food prep area a
"home economics classroom". There are specific standards required by a school. A residential septic system is
sized based on the number of bedrooms intended for a family. Having 25 students and teaching staff would
require a much larger system.
Public and Private schools are allowed in the Urban Districts as primary uses only, not accessory uses, and as
such should not be allowed in the rural districts. In the urban districts they would probably be part of a larger
PUD, and keep in mind, those are sewered areas. Public and Private schools are allowed in the public facilities
zone and if someone wants to operate a larger scale school (more students than allowed in a home daycare), I
believe they should have to ask for a Comp Plan amendment to rezone to public facility. This would give the
City more discretion to decide if it is an appropriate site for what is being asked for and the circumstances,
rather than opening things up across the board in the rural districts. I think it is really inappropriate to have
commercial uses in residential districts without much control. There is a limit to the number of children an in‐
home daycare can have or it becomes a daycare center which is not allowed in our zoning district. Then why
would the City allow a school of this size? I think with the direction the City is going in becoming less rural, it is
a very bad idea to add this higher impact, commercial use to the rural districts as an accessory use. The
applicant has the avenue to ask the CC to rezone a specific property to public facility, without adding
something to all rural districts.
2
I feel that the City should not always be so quick to add things to the code just because someone asks for
it. There is probably a reason it is not already in the code. Please consider that there could very easily be
unintended consequences by adding this and that commercial uses do not belong in residential
zones. Thank you!
Joan Ziertman
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-238
AN ORDINANCE AMENDING THE LAKE ELMO CITY ZONING CODE OF
ORDINANCES BY AMENDING THE SPECIFIC DEVELOPMENT STANDARDS AND
THE USES IN THE RURAL DISTRICT TO ALLOW RURAL SCHOOLS FOR
PROPERTIES MEETING THE ESTABLISHED SITE CRITERIA
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land
Use: Chapter 154 Zoning Code; Article IX Specific Development Standards: by amending
Section 154.303 Standards for Services by adding the following underlined language and
deleting the strikethrough language as follows:
§ 154.303 STANDARDS FOR SERVICES.
A.Educational Services. Except in the industrial districts, all typical activities shall be
conducted within an enclosed building.
B.Rural Schools., Public and Private.
1. The minimum lot area required for a rural school shall be five (5)ten (10) acres.
2.An affiliate of the school must live on site as a permanent resident.
3.The site must have primary access to a roadway that is not classified as a
neighborhood street or a “B Minor” in the Comprehensive Plan.
4. All parking must be contained on site. Parking must adhere to the standards set forth
in Ssection 154.210 of this Chapter.
5. Student drop off and pick up must occur on site.
6. The buildings on the site that are intended for use by the school must meet all
applicablethe building and fire code requirements for the proposed use.
7. The buildings on site that are intended for use by the school will be subject to an
inspection and review by the City Building Official and the Fire Chief to ensure that
they meet all applicable building and fire code requirements. The applicant must have
a pre-application meeting on site with the Building Official before final submission
of the conditional use permit application and any other land use applications needed.
8.The sSchool must comply with the applicable requirements of the U.S. Department of
Education and the Minnesota Department of Education.
The septic system on the site must be inspected and approved by Washington County.
It must be verified with the County that the site can functionally support the allotted
number of students and sStaff at the school.
a. The septic system approval/review documentation from Washington County
must be provided by the applicant to the City with the conditional use permit
application materials.
9.Any structural additions and modifications, if desired, must be structurally similar by
design and be similar in color to the existing structure. Any new structures must be
structurally similar in design and be similar in color to the existing structures on the
site. All structures must have a residential appearance.
10. There shall be no overnight school activities on the site.
11. There shall be no more than 25 students on the site at onea time.
A.12.All school assemblies and activities (sSuch as plays, concerts, parent- teacher
conferences, etc.) that are held on the site mustshall be conducted Monday through
2
Friday. All school assemblies and activities desired outside of this time frame must
be conducted off site.
B. B. C. Medical Facilities. The facility shall have access to an arterial or collector street of
sufficient capacity to accommodate the traffic that the use will generate. A minimum of two (2)
access points shall be provided.
1. Any new hospital or expansion of an existing hospital shall submit a master plan that
shall describe proposed physical development for at least a ten (10) year period, and
shall include a description of proposed development phases and plans, estimated dates of
construction and anticipated interim uses of property.
2. Landing pads for helicopters involved in emergency rescue operations, and helicopter
flight paths shall meet all applicable federal and state requirements.
C. C. D. Nursing and Personal Care
1. To the extent practical, all new construction or additions to existing buildings shall be
compatible with the scale and character of the existing building and surrounding
neighborhood.
2. The site shall maintain a minimum of fifty (50) square feet of green space per resident,
consisting of outdoor seating areas, gardens, and/or recreational facilities. In cases of
unique circumstances, the City may consider public parks or plazas within three hundred
(300) feet of the site to meet this requirement. It is the responsibility of the applicant to
demonstrate why the green space cannot be located on-site.
3. An appropriate transition area between the use and adjacent property may be required, to
include landscaping, screening, and other site improvements consistent with the
character of the neighborhood.
D. D. E. Self-Service Storage Facility
1. No commercial transactions shall be permitted other than the rental or sale of storage units.
2. No more than one (1) unit shall be accessed directly from the public street.
3. Site design shall accommodate a logical and safe vehicle and pedestrian circulation
pattern.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV Land
Use: Chapter 154 Zoning Code; Article XI Rural Districts: by amending Table 9-1:
Permitted, Conditional, and Interim Uses, Rural Districts by adding the following underlined
language:
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
Accessory Uses RT A RR RS RE
Bed and Breakfast P P P P P 154.310 (A)
Domestic Pets P P P P P
154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.310 (E)
Kennel, Private C C C - - 154.012 (B) (12)
Solar Energy Systems P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
Water-Oriented Accessory Structures P P P P P 154.800
Wind Generator – Ground Mounted C C C C C 154.308 (B)
Wind Generator – Roof/Structure Mounted C C C C C 154.308 (B)
3
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P P P P P
Commercial Wedding Ceremony Venue I I I 154.310 (D)
Rural Schools, Public and Private CI C C C C 154.303 (B)
Open Space Preservation Development
OP Development - C C - - Article 16
No changes are being made with respect to the following categories in Table 9-1: Residential
Use, Services, Outdoor Recreation, Agricultural and Related Uses, Industrial and Extractive
Uses, Alternative Energy, or Open Space Preservation Development.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-238 was adopted on this ______ day of ___
2020, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2020.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2020-XXX
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-XXX
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 08-XXX, an ordinance amending the
City’s Zoning Ordinance language in Section 154.303 and section 154.401 to allow schools in the rural
residential zoning districts.
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in
the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of
the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the
City Clerk shall cause the following summary of Ordinance No. 08-XXX to be published in the official
newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-XXX, which amends and adds
language for perspective schools to open and operate in the City’s rural districts. The following is a summary
of the adopted ordinance language:
- Schools up to 25 children will be an allowed use in the rural zoning districts, assuming the site is a
minimum of 10 acres in size and has access to a road classification that is higher than a neighborhood
road, as defined in the comprehensive plan.
- The buildings are subject to inspection and approval by the Building Official and must comply with
the applicable building code.
- The use will only be allowed with a Conditional Use Permit or Interim Use permit review.
- The buildings on site must maintain the appearance of a residential property and additions or
improvements must match the character, design, and color of the existing home.
The full text of Ordinance No. 08-XXX is available for inspection at Lake Elmo City Offices during regular
business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator
keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in
a public location within the City.
Dated: June 7th, 2020
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.