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.
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Sample Paper Affidavit
Provided by Homeschool Association of California.
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 44237
Commission on Teacher Credentialing. This section pertains to private schools requirement of submission of criminal record summary information.
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.
Public School Independent Study Programs
Enrolling your child in a public school independent study program is the legal equivalent to enrolling him in public school. These are the "home study" programs offered by many school districts. Public ISPs vary widely from school to school in the level of control they exert over their students and the services they offer. These programs can be appealing for a wide variety of reasons.
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.
Selected California Statutes Applicable to Private Schools
The Homeschool Association of California lists selected statutes that pertain to homeschoolers in California.
California Education Code, Section 48200
Admission-Persons Included. Section relating to compulsory education requirements.
Homeschooling Legal FAQ
This Frequently Asked Question list includes everything you need to know about the legality of homeschooling in California.
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.
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...
Homeschool Attorneys in California
These attorneys have indicated that they are willing to provide legal information, consult with or represent homeschoolers on homeschooling or other legal issues they may have in their states. Most of these attorneys homeschool or have homeschooled their own children.
Tutoring
Parents with a valid teaching credential can act as tutors for their children, or parents may employ a credentialed teacher. However, tutors and parents who choose to tutor their own children must fulfill all of the requirements of §48224.
Immunization Waiver
This is the California School Immunization Record form. Page two allows for waiver of immunization requirements.
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Featured Resources
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The Letter Factory Game
Teaches Phonics! The race is on! With two games in one, children play together and learn letter names and sounds with actions and music. Wacky Professor Quigley guides players every step of the way so no reading is required! Games automatically adjus...
The Living Page: Keeping Notebooks with Charlotte Mason
Charlotte Mason believed that children need to be trained to see, to have their eyes opened, in order to find joy in life. This work explains the value of using the method of writing in journals or notebooks, as derived from the expansive work of Cha...
But What About Socialization? Answering the Perpetual Home Schooling Question: A Review of the Literature
This book by Dr. Susan A. McDowell uses research, statistics, and the experiences of homeschooling families to answer questions and counter myths about homeschooling and socialization. Read through a discussion of the multiple meanings of socia...
Learning Styles: Reaching Everyone God Gave You to Teach
This book offers helpful and practical strategies about the different ways that kids acquire information and learn, and then use that knowledge. Kids' behavior is often tied to a particular learning style and understanding that fact will help parents...
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...