13A.09.09.01

.01 Purpose and Scope.

A. This chapter is established for issuing a Certificate of Approval by the State Board to a legal authority, excluding the federal government or any State, county, or municipal agency or division of these, to operate an educational program in a nonpublic kindergarten, elementary school, and secondary school.

B. A school, except a school operated by a bona fide church organization, may not operate without a Certificate of Approval from the State Board.

C. School Operated by a Bona Fide Church Organization.

(1) A bona fide church organization that chooses to operate a school as exempt from the requirement to hold a Certificate of Approval shall provide to the Department the following:

(a) A completed church exempt registration form; and

(b) Documentation that establishes the legal existence of the bona fide church organization.

(2) A bona fide church organization that chooses to apply for a Certificate of Approval from the State Board to operate a school shall apply for approval of the entire educational program of the school, including any consecutive sequence of nursery school, kindergarten, grades 1—12, or all of these.

D. Distance Learning. A school that uses distance learning for any part of or the entire educational program shall comply with the requirements of this chapter.

E. This chapter does not apply to:

(1) A school or educational program that is governed and operated by the federal government or any State, county, or municipal agency or division of these;

(2) A school or educational program that is governed and operated by a bona fide church organization that registers the operation of the school as exempt from the requirement to hold a Certificate of Approval;

(3) Apprenticeship and on-the-job training programs that are subject to the approval of the Apprenticeship and Training Council;

(4) Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits;

(5) Individuals or entities that offer or arrange for a supplemental educational program or tutoring in subjects usually taught in an elementary or secondary school to students concurrently enrolled in public or nonpublic schools;

(6) Individuals or entities that supervise home instruction provided by the parent or guardian of a child;

(7) Individuals or entities that operate a small center licensed by the Department;

(8) Individuals or entities that operate a family day care home registered with the Department;

(9) Individuals or entities that operate a Department licensed school age center that offers before school or after school child care, or both of these;

(10) Individuals or entities that operate a Department licensed child care center except for such an individual or entity that chooses to operate an educational program in conjunction with the child care center;

(11) Individuals or entities that offer a program for children younger than 3 years old; or

(12) Individuals or entities that plan to offer special education.