Private School Regulation FAQs

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.

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.

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.
 

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 Notice of Intent form will be processed and acknowledged via email within 3 to 5 business days after online submission.  
 

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 records, and nationally standardized test score records to make certain that these requirements are met on an on-going basis. 

Non-public post secondary educational institutions offering degrees fall under the legal jurisdiction of the University of North Carolina System in Chapel Hill Academic Affairs section.

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.
 

Non-public schools are exempt from all laws governing public schools except for those relating to building code, sanitation and immunization requirements. Non-public school laws mandate a school year of at least nine calendar months excluding reasonable holidays and vacations.

No specific minimum number of days or number of hours per day are given. They also do not address the issue of weather-related school closings and the makeup of them. 

DNPE suggests that, in most cases, school days missed because of weather-related closings be made up within the school year. Most non-public schools build several adverse weather days into each school year's calendar. 
 

G.S. 115C-548 and 556 require that the non-public school student regularly attend classes and that the non-public school itself shall operate "... on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year."

However, there is no reference to a specific number of hours per day, week, month or year the school must require its students to be on its premises.  G.S. 115C-554 and 562 exempt non-public schools from any such public school laws. 
 

For conventional Non-Public schools, the NC Statute states the following:  

§ 115C-556.  Attendance; health and safety regulations.
“Each qualified nonpublic school shall make and maintain annual attendance and disease immunization records for each pupil enrolled and regularly attending classes. Attendance by a child at any school... shall satisfy the requirements of compulsory school attendance so long as the school operates on a regular schedule, excluding reasonable holidays and vacations, during at least nine calendar months of the year..."  

Since most non-public schools usually have some students who transfer back into the local public school system, be aware that the principal of your local public school is empowered by public school law to determine the acceptance or rejection of transfer credit from your non-public school into his/her public school.

Non-public schools that do not meet or exceed the length of school year, the length of school day, and the grade 9-12 class period length requirements for North Carolina public schools may encounter problems in gaining transfer credit recognition for academic work completed by the student at the non-public school. 

To view the statutes addressing school calendars for the Public Schools of North Carolina, click here.

No. DNPE's oversight of non-public schools involves only those schools offering any student grade levels between kindergarten and high school. Also, see the FAQ section below on "Kindergarten."

So long as the three- or four-year-olds are on the school premises for more than four hours per day and the non-public school is not accredited by the Southern Association of Colleges & Schools, these Pre-Kindergarten programs must meet all applicable childcare requirements.

See G.S. 110-86(2) for further specifics.  
 

The North Carolina Division of Child Development oversees such programs which involve any children younger than age five who are on the premises for more than four hours daily.

No, this topic is not addressed in North Carolina non-public school law.

However, if the summer school program will also enroll students from local public schools which will then return to the local public school system the following fall, DNPE suggests that local public school officials be contacted before announcing the new summer school program.

The conventional non-public school will want to make certain that local public school principals will accept credit for academic work completed in the conventional non-public school summer school program and under what conditions.
 

No, the conventional non-public school may hire different teachers for the summer school program if it wishes.

Non-public school laws do not address this topic.

However, if such programs involve children younger than age 13, it is suggested that you read the Division of Child Development's exempted from its jurisdiction list given in G.S. 110-86(2) to be certain that your proposed program does not fall under its jurisdiction.

The operation of public school summer school programs is addressed in G.S. 115C-233.

At this time, the State Board of Education has no standards in place for the operation of such programs. 

Each local public school system develops its own standards, schedules and policies (if the local system offers such a program). 

Therefore, this information can only be obtained through the local public school system or a local public school principal. 

It is suggested that non-public schools planning to operate summer school programs meet or exceed the same standards as the local public school system.