State Regulations of Private Schools (PDF) - ed

1 Department of Education State Regulation of Private Schools State Regulation of Private Schools Department of Education Office of Innovation and Improvement Office of Non-Public Education 2009. The content of this report does not necessarily reflect the view or policies of the Department of Education, nor does the mention of trade names, commercial products, curricula, and curricular materials and approaches, or organizations imply endorsement by the 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 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.

2 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: Department of Education, Office of Innovation and Improvement, State Regulation of Private Schools , Washington, , 2009. This report is available on the Department s Web site at: < >. ii Contents Acknowledgements .. v Introduction .. 1. ALABAMA .. 3. ALASKA .. 8. 13. ARKANSAS .. 18. CALIFORNIA .. 23. COLORADO .. 31. CONNECTICUT .. 36. DELAWARE .. 42. DISTRICT OF COLUMBIA .. 46. FLORIDA .. 51. 57. HAWAII .. 63. IDAHO .. 70. ILLINOIS .. 75. INDIANA .. 82. IOWA .. 89. 96. 103. LOUISIANA .. 108. MAINE .. 116. MARYLAND .. 124. 131. MICHIGAN .. 136. MINNESOTA .. 143. MISSISSIPPI .. 150. MISSOURI.

3 154. MONTANA .. 158. NEBRASKA .. 163. NEVADA .. 169. NEW HAMPSHIRE .. 176. NEW JERSEY .. 182. NEW MEXICO .. 188. NEW YORK .. 192. NORTH CAROLINA .. 200. NORTH DAKOTA .. 207. 212. OKLAHOMA .. 219. OREGON .. 225. PENNSYLVANIA .. 229. PUERTO RICO .. 238. RHODE ISLAND .. 242. SOUTH 247. iii 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. iv 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.

4 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 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 Department of Education as to the meaning or effect of any State legal requirement. Jack Klenk Director, Office of Non-Public Education 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.

5 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 v 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 Cintr n 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

6 ThomasRita Thomas Virginia Council of Private Education Josie Wesbter Virginia Department of Education 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 vi 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.

7 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/App roval, 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.

8 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 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 .

9 In addition, readers should be aware that this document is not intended to offer information about the requirements of federal law. 1. 2. ALABAMA. Accreditation/Registration/Licensing/App roval 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.

10 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. 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 .