Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in California and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in California.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
California Education Code, Section 44237
Commission on Teacher Credentialing. This section pertains to private schools requirement of submission of criminal record summary information.
Immunization Waiver
This is the California School Immunization Record form. Page two allows for waiver of immunization requirements.
The Legality of Homeschooling Using the Private School Option
In California, families can legally homeschool their children by establishing a private school in their home and complying with the private school requirements of the California Education Code. Parents who have established and enrolled thier children in a home-based private school cannot be prosecuted for truancy. This legal brief provides a basis for understanding the laws in California relating to home education.
California Department of Education
The website for the California Department of Education.
California Homeschool Network (CHN)
California Homeschool Network is a statewide grassroots organization dedicated to protecting the fundamental right of parents to educate their children.
HomeSchool Association of California
The HomeSchool Association of California supports and promotes the entire spectrum of homeschooling. They provide information, monitor and influence legislation, offer networking opportunities for homeschooling families, and more.
The Legality of Private-School Homeschooling in California
The primary point of this essay is to explain--as thoroughly as possible--why homeschooling under California's private school exemption is perfectly legal. It includes as much basic legal information as possible, to serve as a foundation to analyses which are at times complex.
California Education Code, Section 51745, -51749.3 51747.3
Authorized Classes and Courses of Instruction-Independent Study. Provisions for independent study.
California Education Code
Index to the entire California Education Code. Sections pertaining to home education include Sections 33190-33193, 44237, 48200, 48220, 48222, 48224, 48415, 51210, 51220, 51220.5, 51221, 51225.3, 51745, and 51747.3.
Homeschooling Legal FAQ
This Frequently Asked Question list includes everything you need to know about the legality of homeschooling in California.
Selected California Statutes Applicable to Private Schools
The Homeschool Association of California lists selected statutes that pertain to homeschoolers in California.
A New Charter for Homeschooling?
Discusses some of the issues relating to homeschoolers in North Carolina placing their children in public charter and virtual charter schools for some or all of their education. Using examples from Alaska, California, and other parts of the country, author Dr. Karen Palasek examines why homeschooling parents need to be informed about the implications of this type of enrollment.
California Homeschool Network Legal Rights Committee
California Homeschool Network's volunteer legal committee doesn't give legal advice, but they can share information about the experiences of other homeschoolers who have asked those same questions, and they can help you understand current homeschool laws and regulations. The CHN Legal Defense Fund was established in 2000 to benefit families who do not qualify, for any reason, for assistance from one of the other legal services organizations.
California Education Code, Section 51210
Required Courses of Study-Course of Study, Grades 1 to 6. Lists the requirements for grades 1 to 6, including English, reading, mathematics, social sciences, science, fine arts, health, and physical education.
California Education Code, Section 33190-33193
Verification of Private School Instruction. This section of the California Education Code addresses private schools in California. Home schools can be registered as private schools as one way to comply with the law.
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Featured Resources
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Taking Charge of Your Child's Education: A Guide to Becoming the Primary Influence in Your Child's Life
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