Four Options For Legally Homeschooling Your Children In California
Compiled by Lisa Vaca
Updated 22 September 2008
OPTION 1 - Independently File a Private School Affidavit
Home schooling parents may establish a private school, based in their
home, and must file a private school affidavit (the R-4 Form) with the
Superintendent of Public Instruction of California each year that they
home-school. You may file this form at any time during the school year,
but normally it is filed between October 1st and 15th (see Filing A Private
School Affidavit at www.pheofca.org).
Children enrolled in any private school are exempt from attendance in a
California public school. Under this provision [E.C. §§48222 & 33190],
the following requirements apply to all private schools:
- The instructors must be capable of teaching.
- The instruction must be in English (see
www.pheofca.org for non-English speaking families).
- The instruction must be in the several branches of study as required
in public schools (curriculum framework and content standards can be found
at www.cde.ca.gov).
- Certain pupil and school records must be maintained and available for
viewing (attendance, grades, course of study, school administrative
details, etc.).
- e. Certain Health Department forms (PM 171A and PM 286B) must be kept on file.
[H.S.C. §§124085 and 120375]
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OPTION 2 - Enroll in a Private School Satellite Program
Home schooling parents may enroll their children in a Satellite Program
(known as a private ISP or PSP) with a private home school that has
filed the private school affidavit [see Option 1 above] with the
Superintendent of Public Instruction of California. An ISP or PSP may
be composed entirely of home educators or it may be an extension program
of a campus-based private school. A few local homeschool PSPs/ISPs are
listed below:
www.GraceChristianSchools.com
www.HCSSD.org
www.Christian-Liberty-Academy.com
www.ReginaCaeliAcademyISP.org
www.ArborAcademy.com
www.CTC-Academy.org
There is technically no more or no less legal protection with either
option 1 or 2 in our current Education Codes [E.C. §§33190 & 48222].
You are not less likely to be contacted or legally challenged if you
are enrolled in a satellite program. However, based upon past experience,
every homeschooling family would be very wise to join and secure the
protection of the Home School Legal Defense Association (HSLDA).
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For both options 1 and 2, parents should properly state that their
children are enrolled in a private school when communicating with education
officials. All California families enrolled in out-of-state home school
programs are still required by state law to be enrolled in a California
school with a California address for its location (either of the options
listed above will satisfy this requirement). It is unnecessary and unwise
to mention enrollment in out-of-state schools/programs. It is not illegal
in California to be enrolled in an out-of-state program, as long as it is
represented as ONLY a source of curriculum and/or services, not as a means
of legal compliance with state education requirements. For more information
please see Withdrawing Your Child From School at
www.pheofca.org.
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OPTION 3 - Parent/Tutor Holds California Teaching Credential
A child being taught by a home-schooling parent, who has a valid California
teacher's credential for the grades and subjects taught, is exempted
from attendance in a public school under the tutorial exemption.
[E.C. §48224] A tutor or studio teacher (that is not a parent) who
is hired to educate the child must also hold a valid California teaching
credential.
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OPTION 4 - Enroll in a Public Charter or Public ISP Program
The home-schooled pupil may enroll in a public school independent
study program (public ISP) [E.C. §§51745-51747] or a public charter
school offering home study [E.C. §47600 et al.] if available in your
school district or county. In either of these programs the homeschool
family is under the authority of the public school and the state of
California.
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Excerpted from Home Schooling In California, A LEGAL FACT SHEET, found at
www.pheofca.org, a division of Family
Protection Ministries.
San Diego Christian Homeschools (SDCH), which operates in the manner
of a non-profit organization, is a support group for homeschooling families
in the San Diego County area. For information about our field trips, classes,
social opportunities, park days and other events for homeschoolers please visit
us at www.sdChristianHomeschools.com
or contact us at SDCHgroup@yahoo.com
or by calling (858) 353-1439.
Christian Home Educators Association of California (CHEA). For detailed
information on the legal alternatives to public schools and how to fulfill their
requirements, order CHEA's manual, An Introduction To Home Education, and, for
older students, CHEA's High School Handbook. For ordering these and other resources,
and for other homeschool information, as well as referrals to support groups,
contact CHEA at (562) 864-2432; P.O. Box 2009, Norwalk, CA 90651-2009;
www.cheaofca.org.
Home School Legal Defense Association (HSLDA). Join HSLDA for only $115/12
months. Discount memberships are available through San Diego Christian Homeschools.
Contact HSLDA at (540) 338-5600; P.O. Box 3000, Purcellville, VA 20134;
www.hslda.org. Although not necessary, it is
suggested that you join HSLDA before starting your home school and before withdrawing
your child from school.
Private and Home Educators of California (PHE of CA). P.H.E. of California
features a LEGAL-LEGISLATIVE UPDATE newsletter, which provides firsthand reports
of any changes in the law and legal threats to home education in our state. They
are affiliated with Family Protection Ministries (FPM), the only full-time
organization based in the Sacramento area, monitoring and advocating in regard
to all legislative and administrative actions that directly affect California
private home educators. FPM and PHE of California are Christian ministries that
are totally funded by donations from supporters of private home education and
parental rights. www.pheofca.org
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