School Laws by State[1]
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All private schools state licensed* or state
approved |
No licensing required for any private schools |
Religious schools exempt from licensing |
Other schools exempt from licensing |
Religious and other schools must meet minimum
standards |
All private schools must have state certified
teachers |
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Alabama |
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3† |
3 |
No |
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Alaska |
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3 |
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3 |
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Arizona |
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3 |
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3 |
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Arkansas |
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3 |
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No |
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California |
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3 |
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3 |
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Colorado |
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3 |
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3 |
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Connecticut |
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3 |
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3 |
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Delaware |
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3 |
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3 |
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Dist. of Columbia |
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3 |
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3 |
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Florida |
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3 |
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3 |
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Georgia |
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3 |
|
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No |
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Hawaii |
3 |
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Licensed |
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Idaho |
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3 |
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No |
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Illinois |
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3 |
|
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No |
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Indiana |
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3 |
|
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No |
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Iowa |
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3 |
3[i] |
3 |
3 |
3 |
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Kansas |
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3 |
3† |
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No |
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Kentucky |
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3 |
|
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No |
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Louisiana |
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3 |
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3 |
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Maine |
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3 |
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No |
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Maryland |
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3† |
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No |
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Massachusetts |
3[ii] |
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Approved |
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Michigan |
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|
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Approved |
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Minnesota |
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3 |
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3 |
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Mississippi |
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3 |
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No[iv] |
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Missouri |
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3 |
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No |
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Montana |
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3 |
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3 |
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Nebraska |
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3 |
3[v] |
|
3 |
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Nevada |
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|
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3 |
3 |
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New Hampshire |
3[vi] |
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|
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3 |
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New Jersey |
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3† |
3 |
3 |
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New Mexico |
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3 |
|
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No |
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New York |
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|
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3 |
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North Carolina |
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3† |
|
3 |
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North Dakota |
3 |
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|
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Approved |
3 |
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Ohio |
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3 |
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3 |
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Oklahoma |
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3 |
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3 |
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Oregon |
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3 |
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3 |
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Pennsylvania |
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3† |
3 |
Limited[viii] |
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Rhode Island |
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3 |
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|
3[ix] |
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South Carolina |
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3† |
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3 |
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South Dakota |
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3† |
3 |
3 |
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Tennessee |
3 |
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3[x] |
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Accredited |
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Texas |
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3 |
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No[xi] |
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Utah |
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3 |
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Local |
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Vermont |
|
3 |
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See
below † |
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Virginia |
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3 |
|
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No[xii] |
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Washington |
3 |
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|
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Approved |
3 |
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West Virginia |
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3 |
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|
See
below † |
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Wisconsin |
|
3 |
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See
below † |
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Wyoming |
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|
3† |
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No[xiii]
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*Terms like certification or certificates of approval
were also counted if they appeared to be comparable to licensing.
[i] IOWA: There are two categories of private schools in Iowa: accredited and non-accredited. Accredited private schools must meet the same accreditation standards as public schools. All non-accredited private schools come under the rules for Competent Private Instruction, found in Chapter 31 of the Iowa Administrative Code. “Private instruction” means instruction using a plan and a course of study in a setting other than a public or organized accredited non-public school” (§ 299A.1).
[ii] MASSACHUSETTS: Chapter 76, §1, states that a child may attend “some other
day school approved by the school committee,” which would indicate that private
schools must be approved in order for attendance to comply with the compulsory
attendance statute. This section also
provides that “school committees shall
approve a private school when satisfied that the instruction in all the studies
required by law equals in thoroughness and efficiency, and in the progress made
therein, that in the public schools in the same town; but shall not withhold
such approval on account of religious teaching, and, in order to protect
children from the hazards of traffic and promote their safety, cities and towns
may appropriate money for conveying pupils to and from any schools approved
under this section.” Each district has
its own school committee, so approval is not obtained from the state directly.
[iii] MICHIGAN: Schools asserting a religious objection to teacher
certification are exempt from the statutory requirement. According to the Michigan Supreme Court,
such a requirement violates the United States Constitution Free Exercise Clause
and is unconstitutional as applied to schools with a sincerely held religious
conviction against state certification of teachers. In addition, there is no set approval process in place for
non-public schools. Therefore, the
school is considered to be approved if it has met the reporting requirements of
the Non-public School Act, and the Michigan School Code defines a state-approved
non-public school in those terms (see MCL 380.618).
[iv] MISSISSIPPI: As provided in subsection (10) of §
37-13-91, the state has no “right or authority...to control, manage, supervise,
provide for or affect the operation, management, program, curriculum,
admissions policy or discipline of any [non-public] school or home instruction
program.” The only exception is for
non-public schools which voluntarily choose to be accredited by the State Board
of Education.
[v] NEBRASKA: According to state statute, private schools may elect not to seek
state accreditation: “The provisions of
subsections (3) through (5) of this section shall apply to any private,
denominational, or parochial school in the State of Nebraska which elects not
to meet state accreditation or approval requirements. Elections pursuant to
such subsections shall be effective when a statement is received by the
Commissioner of Education signed by the parents or legal guardians of all
children attending such private, denominational, or parochial school, stating
that (a) the requirements for approval and accreditation required by law
and the rules and regulations adopted and promulgated by the State Board of
Education violate sincerely held
religious beliefs of the parents or legal guardians….” Schools making such an election must still
report to the Board of Education and meet minimum standards.
[vi] NEW HAMPSHIRE: Private schools must be approved in order
for attendance to be recognized for compulsory attendance purposes (§ 193:1,
I(a)). Approval of private schools was
upheld in the case of State v. Hoyt,
146 A. 170 (1929). The State of New
Hampshire recognizes two basic types of approval: Approval for Attendance Purposes under PART Ed 403 of the New
Hampshire Code of Administrative Rules, and Approval for Program Purposes under
PART 404 of the New Hampshire Code of Administrative Rules.
[vii] NEW YORK: Nonpublic high schools must be registered with the Board of
Regents in order to issue a high school diploma. N.Y. Educ. Law § 210; 8 N.Y.
Comp. Codes R. & Regs. tit. § 100.2(p).
[viii] PENNSYLVANIA: Section 13-1327(b) provides that “[n]othing
contained in this act shall empower the Commonwealth, any of its officers,
agencies or subdivisions to approve the course content, faculty, staff or disciplinary requirements of any religious school
referred to in this section without the consent of said school (emphasis
added).”
[ix]
RHODE ISLAND: Section
16-19-2 requires a form of “approval” of all non-public schools. Such approval must be obtained from the
local district’s school committee.
However, approval is granted if the school teaches the basic subjects,
registers attendance, and meets the minimum number of annual school days.
[x] TENNESSEE: State statutes specifically exempt church-related schools from
the requirement of state licensure. As
such, the state has transferred oversight of church-related schools to various
approved accrediting or membership organizations. ACSI and ACE are both listed as
approved accrediting/membership organizations in Tennessee.
[xi] TEXAS: According to the Texas Supreme Court, “The characteristics,
curriculum, teacher qualification, administration, operation, or effectiveness
of any private or parochial school are not subject to control or supervision by
the Texas Education Agency since its statutory authority extends only to public
education.” Texas Educ. Agency v. Leeper, 843 S.W.2d 41 (App. 2 Dist. 1991); affirmed
893 S.W.2d 432 (TX 1995).
[xii] VIRGINIA: There is no state-prescribed curriculum requirement for private
schools. Even in the public schools
there is no state-prescribed curriculum.
Instead, the state has adopted accreditation standards that include
general requirements for instructional programs in the public schools.
[xiii] WYOMING: Nothing contained in W.S. 21-4-102(b), 21-2-401 or 21-2-406
grants to the state of Wyoming or any of its officers, agencies or subdivisions
any right or authority to control, manage, supervise or make any suggestions as
to the control, management or supervision of any parochial, church or religious
school (§ 21-4-101(a)(iv)).*Terms like certification or certificates of
approval were also counted if they appeared to be comparable to licensing.
= NOTES:
Alabama: Exempt
schools are schools operated by a parochial, denominational, or religious
organization, and/or as a ministry of a local church or group of churches on a
nonprofit basis or schools operated by a community, educational organization,
or group of parents, organized as a nonprofit educational corporation with the
expectation of establishing a more favorable environment for those in
attendance.
Kansas: Private
schools are supposed to be “approved,” but according to the Kansas Department
of Education, no church or religious denomination utilizes these (approval)
provisions, since they may operate as an accredited or a nonaccredited private
school without the restrictions imposed under this subsection of the law.
Maryland:
Institutions operated by bona fide church organizations are exempt from the
requirement to hold a Certificate of Approval.
Nebraska: When
parents elect to enroll their children in schools that do not meet state
accreditation or approval requirements, parents/guardians must sign a statement
that 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.”
New Jersey: Places
registration requirements on a limited category of private schools that are not
operated by charitable institutions or religious denominations.
North Carolina:
Children in North Carolina may attend private church schools or schools of
religious charter under § 115C-547 et seq., or nonpublic schools which
qualify under §115C-555 et seq. Delconte v. State, 329 S.E.2d 636
(1985). Private church schools or schools of religious charter and qualifying
nonpublic schools which comply with these controlling provisions are not
subject to any other educational provisions except requirements respecting
fire, safety, sanitation and immunization.
Pennsylvania:
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.
South Carolina:
Attendance at a nonsectarian private school satisfies South Carolina’s
compulsory school attendance statute if the school has been approved by the
State Board of Education or is a member school of the South Carolina
Independent School Association or a similar organization. Attendance at
parochial denominational, and church-related schools also satisfies this
requirement.
South Dakota: The
South Dakota Board of Education is authorized to establish standards for the
classification and accreditation of all schools. S.D. Codified Laws Ann. §
13-1-12(1). The Secretary is responsible for the classification and
accreditation under the rules established by the Board. S.D. Codified Laws Ann.
§ 13-3-47. 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.
Vermont: 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.
West Virginia:
Private, parochial and church schools may elect to administer a standardized
test on an annual basis in lieu of approval requirements.
Wisconsin:
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.
Wyoming: The
(licensing) provisions do not apply to parochial, church or religious schools.