California
Questions and Answers
Here are some of the questions most commonly asked by home schoolers in California:
(1) If there is no specific home school law in California, how is home education legal?
There are several options, the primary one being the private school option. Home schools are small private schools in the home. Children enrolled in a private school are exempt from public school attendance if they are being instructed:
(1) in the daytime,
(2) in English,
(3) in courses of study commonly offered in the public school,
(4) by teachers capable of teaching, and
(5) and attendance is kept in a register.
(2) Is there any filing requirement for these private schools?
Yes. An annual affidavit is required to be filed between October 1 and 15 of each year.
(3) What are the other options besides the small private school in the home?
There are two public school oversight programs: First, the public school independent study program (ISP) and second, the charter school program that is set up for home schoolers. In addition, private schools can establish independent study programs whereby multiple families are enrolled in one private school that files one affidavit for all the children enrolled.
The final option is the tutorial option, under which the tutor must be a certified teacher.
Home School Legal Defense Association membership is available to all home educators in California not enrolled in a public school oversight program.
(4) Must private school teachers obtain certain training or certification to instruct children with special needs?
No. The same requirement “capable of teaching” applies to all private school teachers, regardless of the nature of the student taught.
(5) How many days are private school students required to be in attendance?
There is no specified number of days or hours.
(6) Is corporal discipline prohibited by state law in private schools?
No. Even though corporal punishment is prohibited in public schools, it is not prohibited in private schools in California.
(7) Must students be tested annually?
No.
Home School Legal Defense Association encourages our members to call us with any additional questions so we can assist them in their continuing desire to provide quality education at home for their children.
