How NC Child Care Law Affects Homeschool Co-ops

Spring 2023/Spencer Mason

Many homeschoolers in North Carolina enjoy having their children participate in homeschool co-ops or enrichment classes. There are many kinds of these offered in our state from a small co-op of just a few families who meet in a home to large co-ops or enrichment classes that meet in a facility such as a church. Before 2013, DNPE interpreted our law to say that all core classes had to be taught by the homeschool parent. This interpretation made homeschool co-ops more questionable. While many of us did this anyway, it was a difficulty for some homeschool parents. They would not do any type of class outside the home because they wanted to obey DNPE’s interpretation of the law. This choice limited the homeschooler’s options, especially in high school. So, in 2013, NCHE worked to change the homeschool law to allow homeschoolers to participate in outside classes. Since then, homeschool co-ops and outside classes have become numerous. These can be a great benefit for a homeschool family.

However, there is a law in NC that affects the legality of co-ops that is not under the homeschool law. It is the child care law. It is only recently that we became aware of this law and how it affects us. Basically, if a co-op with young children meets too many days a week or too many hours in a day, they should have a child care license.

The Details

Homeschool co-ops that allow children under the age of thirteen to be dropped off (no parent onsite) and that meet more than two days a week or more than four hours in any one day are required to have an NC child care license unless they meet one of the exemptions listed below. To put it another way, in order to avoid the need for this child care license, the co-op should not meet more than two days a week and should not meet more than four hours in either one of those days unless they require a parent to be onsite. This requirement would be true if any one child participated for that long.

Also, if the co-op is meeting in a facility other than a home and meets the qualifications of needing a child care license, then the co-op also needs to have a state certified administrator.

The Exemptions

There are exemptions to this regulation. These exemptions include: programs such as “specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding, gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups, or boys and girls clubs.” Other exemptions are: private schools (with conditions), public schools, and Vacation Bible schools. Also, church sponsored programs are given the option in the child care law to operate under a Notice of Compliance with child care rules and regulations rather than a child care license. The exemption more relevant for homeschool co-ops is the one about being a church-sponsored program. If your co-op meets this condition and the church meets its requirements, then the co-op doesn’t need a child care license. 

Opening a Private School

Another option available for groups that would need a child care license to operate legally is to open a private school by notifying the NC Division of Non-Public Education (DNPE). Some organizations that were started as co-ops are now established NC private schools. The process of opening a private school is relatively simple. Learn the requirements for operating a private school on the DNPE website.

While homeschool co-ops can be a great option for homeschoolers in NC, we need to make sure that we are aware of the law and do our best to obey it. NCHE’s goal here is to make you aware of this law and how it affects your co-op.