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
Private Independent Study Programs
In addition to the private schools operated by one family for its own children, there are a number of other types of private schools that offer homeschooling programs. These schools range from the cooperatives, to for-profit ISPs that file paperwork and collect records for a fee, to site-based day schools that offer independent study, to distance learning programs.
California Education Code, Section 48200
Admission-Persons Included. Section relating to compulsory education requirements.
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 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.
The Private School Option
Children are exempt from compulsory attendance if they "are being instructed in a private full-time day school by persons capable of teaching." (§48222) A private school has been defined as "any school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church." (Vehicle Code §492.) This broad definition includes home-based private schools as well as...
California Education Code, Section 48415
Compulsory Continuation Education-Pupils Exempt. Pertains to homeschoolers who are considered a private school.
Sample Paper Affidavit
Provided by Homeschool Association of California.
California Education Code, Section 51745, -51749.3 51747.3
Authorized Classes and Courses of Instruction-Independent Study. Provisions for independent study.
Protecting Ourselves from Truancy and CPS Investigations: Avoiding Referrals
Although some government employees oppose homeschooling, most notably in the Department of Education's Legal Counsel's office, there is no indication that there is a systematic effort by the government to prevent homeschooling. First, compliance with one of the legal ways to homeschool is crucial. Second, the following factors may result in a referral: Pulling children out of public or private school after a dispute with the school (i.e.: ongoing truancy problems); custody battles; welfare refer...
California Home School Laws
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in California. Includes a link to a legal analysis of laws relating to homeschooling in California.
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.
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.
California Education Code, Section 51220, 51220.5, 51221, 51225.3
Required Courses of Study-Course of Study, Grades 7 to 12. Lists the requirements for grades 7 to 12, including English, reading, social sciences, foreign language, physical education, science, mathematics, fine arts, applied arts, vocational-technical education, automibile driver education, and other studies. Section 51220.5 addresses the requirement of a course in parenting skills for grades 7 or 8, along with the requirements for exemption. Section 51221 adds the teaching of conservation (wis...
The Legality of Homeschooling: Complying with California Law
A summary of the options for home educating parents in California.
California Department of Education Private School Affidavit
This California DOE website section lists the guidelines for submission of the Private School Affidavit. There is an online form to complete by new schools or schools with five or fewer students.
Looking for Another State?
Featured Resources
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Shurley English
Shurley English maintains that effective instruction in English must be founded upon an understanding of how the parts of speech work together in a sentence. A good grammar foundation gives students the skills to improve writing. Grammar is the struc...
The Ultimate Book of Homeschooling Ideas: 500+ Fun and Creative Learning Activities for Kids Ages 3-12
Fun and Effective Home Learning Activities for Every SubjectAs a homeschooling parent, you're always looking for new and creative ways to teach your child the basics. Look no longer! Inside this innovative helper, you'll find kid-tested and parent-ap...
Pattern Blocks and Boards
This set of 10 simply designed colorful wooden blocks and pattern boards includes 100 blocks in six different shapes and colors. They help develop shape recognition and spatial relationship skills. The contents store neatly in a durable wooden case. ...
Pass Your California DMV Test Guaranteed! 50 Real Test Questions! California DMV Handbook
This book contains the 50 most common questions and answers to the California DMV Written Test. Written by a former DMV classroom instructor and test creator, this straight forward book tells you the most likely questions and answers that will appear...
When Children Love to Learn: A Practical Application of Charlotte Mason's Philosophy for Today
Children want to learn and one of the best approaches to homeschooling is to meet their natural curiosity with support and understanding. Charlotte Mason's educational philosophy does just that. This book offers explanations of how to incorporate Mas...