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 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.
The Legality of Homeschooling: Complying with California Law
A summary of the options for home educating parents in California.
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.
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.
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 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.
Legal Issues - Special Needs Children
Many homeschoolers are reluctantly drawn to homeschooling because the schools failed their children. This trend is expanding to include children in special needs programs, resulting in an increasing number of questions from parents choosing to homeschool their children who are interested in continuing or obtaining special needs help from the schools. In many instances a special needs child shows tremendous gains just by being removed from the public school situation and educated at home by lovin...
Selected California Statutes Applicable to Private Schools
The Homeschool Association of California lists selected statutes that pertain to homeschoolers in California.
Homeschooling Legal FAQ
This Frequently Asked Question list includes everything you need to know about the legality of homeschooling in California.
Immunization Waiver
This is the California School Immunization Record form. Page two allows for waiver of immunization requirements.
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.
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.
Special Situations
This article takes a look at the effect of California law on certain special circumstances, including withdrawing your child from school mid-year, homeschooling after a divorce, contact by truancy officers, contact by Children's Protective Services, welfare benefits, and communities with curfews.
California Homeschool Network (CHN)
California Homeschool Network is a statewide grassroots organization dedicated to protecting the fundamental right of parents to educate their children.
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.
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