Frequently Asked Conventional Non-Public School Questions - Non-Public School Regulation in North Carolina

Are privately owned organizations which provide only tutorial or supplemental enrichment activities or services to school age children required to register with the Division of Non-Public Education in order to provide such programs or services?

No,  The provision of such programs or services does not fall under the Division of Non-Public Education's jurisdiction.

However, if such programs or services involve a certain number of children under age 13 on a regular basis, they may fall under the jurisdiction of the North Carolina Division of Child Development. 

Also, see "Professional Educators' Role in Home Schools."

Are there any differences between the legal requirements for boarding schools and day schools?

The various building inspection requirements are different for boarding schools since students are on the premises 24/7. 

Consult the local government building inspector, fire marshal and the county health department for details.

Are there any public school laws that are legally binding also on non-public schools?

Only public school laws relating to fire, safety, sanitation and immunization (such as eye protection devices required by G.S. 115C-166-169).  See G.S. 115C-554 and 562. 

Otherwise, non-public school laws must meet only the requirements of Article 39, Chapter 115C of the North Carolina General Statutes and also  the rules and regulations governing the student driving eligibility certificate program. 

A listing of other North Carolina statutes of possible interest to non-public schools is available.

How did the present North Carolina conventional non-public school statutes become law?

The North Carolina General Assembly enacted them in 1979.

For a detailed historical account of their enactment and the events leading up to their passage, read the "Non-Public School Unrest in the 1970's" section of an article available at this web site called "Conventional Non-Public Schools in North Carolina."

How long does it normally take to legally establish a conventional non-public school?

The lengthiest part of the legalization process involves the local building inspections.  Plan on several weeks for local building inspectors, fire marshal inspectors and sanitation inspectors to complete their part of the process. 

See item #2 of the State of North Carolina Private School Requirements for more details relating to these inspections. 

Once the completed Notice of Intent form along with its proper attachments are received by DNPE, the processing of the Notice of Intents for new schools is all done each year during early August.  Those later received during September through February of each school year are processed and acknowledged via US Mail within 30 days of their arrival at DNPE.

Were the Article 39 statutes (today's non-public school laws) enacted after the non-public school references were first added to the North Carolina compulsory attendance statutes?

Yes.   Part 1 and Part 2 of Article 39 were both originally enacted (as Articles 32A and 32B) by the North Carolina General Assembly in 1979; Part 3 in 1988; and Part 4 in 1997.  Some additional changes were later made to all four parts. 

The basic legal concept embodied in the last sentence of today's G.S. 115C-378(c) which reads "The term 'school' as used in this section includes all public schools and any nonpublic schools which have teachers and curricula that are approved by the State Board of Education" was first enacted by the North Carolina General Assembly in 1925. 

The very first time the compulsory attendance statutes defined non-public schools was in 1925.  Neither the compulsory attendance statutes enacted in 1923 nor those enacted earlier in 1919 made any mention of them. 

The basic legal concept embodied in the phrase within the first sentence of today's G.S. 115C-378(d) which reads ". . . and maintain the minimum curriculum standards required of public schools . . ." was added in 1949. 

Note that Article 39 states in both G.S. 115C-548 (within Part 1) and 556 (within Part 2) that attendance by a child at any school to which this Part relates and which complies with this Part shall satisfy the requirements of compulsory school attendance. 

The North Carolina Supreme Court clarified this legal matter in Larry Delconte v. State of North Carolina in May, 1985. 

See Section II on pages 5 and 6 of the Delconte decision. 

For historical background to the initial passage of Parts 1 and 2 of Article 39, see the article "Conventional Non-Public Schools in North Carolina."

What is the regulatory philosophy underlying today's North Carolina conventional non-public school laws?

North Carolina (like every other state) operates a public school system which is free of tuition charges and open to all school age children.

No one is required to attend a non-public school. 

Since North Carolina's non-public schools receive no state tax dollars and enroll only about 10% of the compulsory attendance age children living in North Carolina, the State of North Carolina does not attempt to regulate the religious philosophy, educational philosophy or the operational policies of non-public schools.  

North Carolina does, however, establish fire safety and sanitation standards which all conventional non-public school buildings must meet. 

North Carolina non-public school law also mandates the length of the school year, student attendance and immunization record-keeping and nationally standardized testing of students in order to monitor the overall quality of student academic performance. 

DNPE staff representatives periodically conduct on-site visits to conventional non-public schools to review updated fire safety and sanitation building inspection records; the school calendar; attendance and nationally standardized test score records to make certain that these requirements are met on an on-going basis. 

Also, see "Inspections/On-Site Visits." 

In short, North Carolina focuses its regulatory efforts on monitoring the overall quality of the finished educational product (as reflected in student test scores) rather than mandating the means to produce it.

Which state government organizations oversee post high school private educational institutions?

Non-public post secondary educational institutions offering degrees fall under the legal jurisdiction of the General Administration of the University of North Carolina System in Chapel Hill at (919) 962-4558. 

However, non-degree granting non-public post secondary educational institutions answer to the North Carolina Division of Proprietary Schools within the North Carolina Department of Community Colleges in Raleigh.

Why is DNPE a part of DOA instead of DPI?

For 18 years, a state level non-public school office operated under the North Carolina Department of Public Instruction (at the time when North Carolina began officially regulating non-public schools at the state level). 

After a period of intense legal conflict and then political activity during the 1970's (involving both the public and non-public school sectors), today's non-public school laws were enacted transferring the non-public school office in 1979 from the North Carolina Department of Public Instruction to the Governor's direct control and oversight. 

While North Carolina's public and non-public schools are both non-profit in nature, the relationship between the two types of schools is somewhat like competitive businesses.  Both exist for the express purpose of providing the same service -- academic instruction to children.  However, they are by nature in competition with one another in the "educational marketplace." 

The North Carolina General Assembly, therefore, decided in 1979 that it would be better public policy to make certain that neither of the "educational competitors" can exercise governmental regulatory authority over the other -- especially since the Public Schools of North Carolina today enroll about 90% of the compulsory attendance age children of the state. 

For more historical background, click on "Conventional Non-Public Schools in North Carolina."