South Carolina's Legislative Committee Advances Bill 3802 for Homeschoolers' Equal Access

In a recent meeting of the House Education and Public Works Committee's K-12 Subcommittee, significant discussions centered around the rights of homeschooled students in South Carolina to access extracurricular activities in public schools. The meeting, held on April 22, 2025, highlighted ongoing concerns regarding the interpretation of the Equal Access Law, which was designed to ensure that homeschooled students can participate in school-sponsored activities.

One of the primary issues raised was the redefinition of terms such as "co-curricular," which some school districts have used to limit access for homeschooled students. Advocates argued that this semantic shift undermines the original intent of the Equal Access Law, which allows homeschooled students to engage in extracurricular activities regardless of when they occur during the school day. The testimony from various stakeholders emphasized that the current language in the law needs clarification to prevent school districts from circumventing its provisions.

A notable case presented involved a Charleston County family who faced barriers when trying to enroll their homeschooled child in Career and Technology Education (CTE) programs. The family’s attorney argued that the use of undefined terms like "co-curricular" directly conflicts with the Equal Access Law, which has been successfully implemented in neighboring Dorchester County without issue. This inconsistency across districts raises concerns about equitable access for homeschooled students statewide.

Another speaker, Kim Jackson, shared her experience with fees imposed on homeschooled students for participation in activities like orchestra, which she argued creates financial barriers that disproportionately affect low-income families. She called for legislative action to tighten the language of the law to prevent such discriminatory practices.

The committee also discussed proposed amendments to Bill 3802, which aims to clarify the rights of homeschooled students and ensure they are not charged fees that public school students do not face. The bill seeks to reinforce the original intent of the Equal Access Law by explicitly stating that all students, regardless of their enrollment status, should have equal opportunities to participate in extracurricular activities without additional costs.

As the meeting concluded, the subcommittee voted unanimously to advance the amended bill to the full committee, signaling a step forward in addressing the concerns raised by advocates for homeschoolers. The discussions underscored the importance of legislative clarity in protecting the rights of all students and ensuring equitable access to educational opportunities in South Carolina. The anticipated next steps will involve further examination of the bill by the full committee, with hopes of resolving the ongoing discrepancies in access for homeschooled students across the state.