Read the top of page 9 where the judge discusses the Turner case. He quotes favorably where it says that homeschoolers do not qualify under the private school exception. This is why HSLDA is worried and it is very serious concern. Please go back and read this part of the case again. Here is the most dangerous part of the case since the judge ends his decision by stongly implying that is still good law. Please read this quote carefully because it indicates that homeschools may not register as private schools under any circumstance.
“Additionally, the Turner court rejected, and noted that courts in other states had also rejected, the notion that parents instructing their children at home come within the private full-time day school exemption in then-section 16624 (now section 48222). The court stated that a simple reading of the statutes governing private schools and home instruction by private tutors shows the Legislature intended to distinguish the two, for if a private school includes a parent or private tutor instructing a child at home, there would be no purpose in writing separate legislation for private instruction at home.”
But there is a substantive difference. If the parent/school isn't certified, an affidavit must be filed to ensure compliance. With certification, there's no need for the affidavit, if the tutor exemption is used.
Yes, the court argued in a way that can be used against homeschooling, but it didn't rule that it's unlawful.
Perhaps if the family had claimed the Private School Exemption (EC 48222) for themselves (filing an affidavit and complying with the other requirements) instead of claiming Sunland Christian School as the relevant "private school," the court would have addressed this question directly. But as it stands, that is not what happened.
We have that here also—we must apply as a private school.
Homeschooling per se might be mentioned in SC law but this is how we go about the registration process. And of course you must belong to one of three organizations for your “accountability group.”
But the real question here is the Certification issue.