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Homeschool World Forum • Residency and laws?
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Residency and laws?

Posted: Sun Jan 28, 2007 4:51 pm
by hollyd
Hi everyone. My name is Holly and i have a 6 year old son that i am considering homeshooling due to problems at his school. This is one of the best web sites I have come across and reading other posters concerns have answered many of my own! We are a military family and recently moved from Alaska to South Carolina. We maintain our Alaska residency and plan on continuing to do so. So my question is - which state laws do we follow? I would prefer to stick with the AK ones because they don't seem to focus on the end of year testing nearly as much. And how would it work when we move again? Would we constantly have to check on the different state laws and change our system? We do hope to get orders overseas in the next year or so, that is another factor. I feel a bit overwhelmed with this idea, but i really think it is the best option for him at this stage in his education. Any help you could give would be greatly appreciated.

Posted: Sun Jan 28, 2007 4:55 pm
by Calla_Dragon
I would think you'd have to follow the laws of the state you're actually homeschooling in. I'm not an expert so I don't know for sure.

I'm curious though, how do you retain residency to one state while living in another? When I've moved, I've always just lived there. I never dealt with residency in one state or another?

Posted: Sun Jan 28, 2007 5:26 pm
by hollyd

Posted: Sun Jan 28, 2007 5:26 pm
by Theodore
Interesting question. This is a quote from a letter by Cheney some years back in reply to this issue:

Public education within the United States is a matter which our constitutional system leaves to the discretion of each State. Each State, therefore, makes its own laws pertaining to education. These laws are binding on all persons within the State's border, including the dependents of the Department of Defense (DoD) (including the Military Services). The Secretary of Defense does not have the legal authority to issue the kind of regulatory exemption from State education laws which you have suggested."

So you have to follow the rules of whichever state you're actually living in. I know this is a pain, but that's what the law says. The homeschooling requirements for SC are as follows:

SCHEA: Home School Law in SC
CH: Beginning Homeschooling
CH: Third Option Homeschooling

Posted: Sun Jan 28, 2007 5:29 pm
by hollyd
how would it work if we move to a foreign country?

Posted: Sun Jan 28, 2007 5:34 pm
by Calla_Dragon

Posted: Sun Jan 28, 2007 5:35 pm
by Theodore
From CONUS Homeschooling - Military Homeschool, where I also got the Cheney quote, and which contains more useful info:

Overseas military family members live in the host nation under military auspices and the particulars of their presence has been qualified by treaty-type documents called Status of Forces Agreements (SOFA) that codify their 'temporaryness' in the host nation. Because of the SOFAs military members and their dependents are considered "not ordinarily resident." Overseas military dependents are under host nation jurisdiction but they are granted relief from some local requirements, again by the terms of the SOFA.

I assume that in that case you would homeschool under AK law, since the foreign nation would have no jurisdiction over your choice of education.

Calla_Dragon: I hope you realize that while you may be officially a resident of your original state for tax purposes and so on, education is under the jurisdiction of the state you're actually living in.

Posted: Sun Jan 28, 2007 6:00 pm
by hollyd
Theodore- thanks so much for all the regulations. you answerd everything! it gives us much more to think about before we finalze our decision.

Posted: Sun Jan 28, 2007 7:02 pm
by Calla_Dragon

Posted: Sun Jan 28, 2007 7:32 pm
by Theodore