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California Homeschool Laws Explained

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Common Misconceptions
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California School Rules: A School-Smart Parent's Guide to Advocating for Your Child

Judy, Ph.D. Goddess
The author wrote the book to help parents answer the question: "Hey, can they do that to my kid?"

Tutoring as a Successful Business: An Expert Tutor Shows You How
by Eileen Kaplan Shapiro
(Paperback - April 2001)

California Homeschool Laws Explained


Code

California Homeschoolers Win Landmark Case - 8/8/08
The California Court of Appeals had ruled in favor of homeschooling in our state.

Mon, Aug 11, 2008 -- 9:00 AM Teaching Without Credentials
A California appeals court has ruled that parents can homeschool their children, even if they don't have a teaching credential. This overturns an earlier ruling that required such a qualification.
Host: Michael Krasny
Guests:

  • Dana Hull, metro reporter for the San Jose Mercury News
  • Debbie Schwarzer, attorney with GCA Law Partners, LLP; co-chair of the legal team for the Homeschool Association of California; and a homeschooling mom
  • Dennis Kelly, president of United Educators of San Francisco, vice president of American Federation of Teachers and California Federation of Teachers

California Education Code For Homeschooling
AN A TO Z RESOURCE
Not intended as legal advice. For your information only.

California State Department of Education
The California State Department of Education (CDE) provides The Private School Affidavit online by mid-September. Homeschoolers without access to the Internet should request a paper affidavit in writing no earlier than August 25 each year. the DOE will begin mailing out requested affidavits in late September.

Complying With the California Law
The HomeSchool Association of California [HSC] shows you options for complying with the state homeschooling law, and explains why it is legal to declare yourself a private school using the R4 form.

"In re Rachel L." decision - 3/5/08
The "In re Rachel L." decision handed down by the Court of Appeal of the State of California, Second Appellate District, in Los Angeles County, on Febuary 28, 2008, has become too controversial to ignore.

Compulsory Attendance

California Private School Monthly Attendance Report
AN A TO Z RESOURCE
WORD document to meet requirement for R4 PSA filers to keep an attendance report of days ABSENT.

Compulsory Attendance
Any child who will be six on or before December 2 of the school year is subject to the compulsory school requirements. HSC: By Debbie Schwarzer, Esq., Linda J. Conrad, Esq., and Elizabeth Bryant, Esq.

Private School Option

R4 Private School Affidavit
AN A TO Z RESOURCE
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. The R4 must be filed from October 1st through 15th each year.

California R4 Private School Affidavit Form Sample for 2007-8 UPDATED FOR 2007-8
AN A TO Z RESOURCE

File online October 1st through 15th. Print out this sample copy and use as a guideline for filing your own affidavit.

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." HSC: By Debbie Schwarzer, Esq., Linda J. Conrad, Esq., and Elizabeth Bryant, Esq.

Selected California Statutes Applicable to Private Schools
These statutes are a selection of the most often used California Statutes affecting homeschoolers.

Private School Satellite Programs

New Term for Independent Study Programs
Homeschool independent study programs now to be called PSPs or Private School Satelite Programs.

California Private School Satellite Programs
AN A TO Z RESOURCE
Some California homeschool families prefer not to homeschool independently, but rather through an institution operated either through the state or as an independent organization.

Using A Private Satellite (PSP) Program
Private out-of-state PSPs, while useful for curricular support, only satisfy the legal requirements for public school exemption if the school has filed its own affidavit in California. HSC.

Tutoring Option

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. HSC.

Public Charter Schools

California Charter Schools
AN A TO Z RESOURCE
It is important to understand how homeschooling through a public charter school differs from homeschooling privately.

Charter Schools
The newest method of homeschooling is to use independent study, distance learning, and homeschooling programs developed by various charter schools throughout the state. Since charter schools are part of the public school system, a child enrolled in a charter school program is, for legal purposes, enrolled in public school. HSC.

Public Independent Study Programs

California Charter Schools
AN A TO Z RESOURCE
It is important to understand how homeschooling through a public charter school differs from homeschooling privately.

California Public ISPs
AN A TO Z RESOURCE
This is a list of school districts with Independent Study or Home Study Programs outlined online.

Public 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.

Tutoring Option

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. HSC.

Getting School Records

Getting Your Child's Cumulative Records from the Former School
One of the primary reasons for obtaining the file is so that the school will close its file on your child. While you have a right to have this file, unless you have a legal reason for needing it, you may wish to let the matter drop so that you do not draw unwanted attention to your family. From HSC.

Sample of Wording to Request Records from Your Child's Previous School
If you are new to homeschooling and are filing the R-4 it is a good idea to request your child's cumulative folder from the previous school. This is the wording that I use when requesting records for newly enrolled students in the BayShore School private ISP.

Special Situations

Communities With Curfews
If you live in a community with a curfew, HSC recommends that your child have a school identification card and a note from your school administrator whenever he or she is out in the community. HSC.

Do public high schools accept homeschool credits when a homeschooler enrolls in public high school?
Recently a few parents have asked whether public schools can refuse to accept credits from non-accredited schools, including private homeschools. Unfortunately, the answer is yes. HSC.

Homeschooling After A Divorce
Although it is legal to homeschool after a divorce or in a situation where the other parent does not agree with homeschooling, the ultimate decision as to whether you can homeschool your children may be up to the Family Law Court. HSC.

Welfare Benefits
Families should be able to receive welfare benefits and still homeschool their children using any of the legal options, including operating a home-based private school. HSC.

Withdrawing your Child from Public or Private School Mid-Year
We do recommend that you not tell the school that you are going to homeschool. HSC.

Common Misconceptions

California Homeschoolers Win Landmark Case - 8/8/08
The California Court of Appeals had ruled in favor of homeschooling in our state.

Fingerprinting Not Required
AN A TO Z RESOURCE
California homeschoolers do not need to allow themselves to be fingerprinted in order to file the R-4.

Is Homeshooling Suddenly Illegal In California? No!
AN A TO Z RESOURCE
Dateline September 8, 2002. Here is a statement that has been prepared by one of the attorneys on the HSC legal team.

Common Misinformation Promulgated by Public School Officials
Such as homeschool parents must have teacher certification, or that school officials have a right to demand to see your curriculum and plans. From CHN.

Homeschooling Legal FAQ's
Is homeschooling legal in California? What does it mean when the California Department of Education (CDE) says that "homeschooling is not authorized in the state of California"? These and more questions answered on the HSC site.

Cases

Note that at this time, early March 2008, we do not yet know the effect of the "In re Rachel L." decision. Expert homeschool legal advisors are looking into this decision to see what repercussions it might have.

"In re Rachel L." decision - 3/5/08
AN A TO Z RESOURCE
The "In re Rachel L." decision handed down by the Court of Appeal of the State of California, Second Appellate District, in Los Angeles County, on Febuary 28, 2008, has become too controversial to ignore.

Legal Brief: In re Rachel L.
In this dependency case, we consider the question whether parents can legally "home school" their children. The attorney for two of the three minor children in the case has petitioned this court for extraordinary writ relief, asking us to direct the juvenile court to order that the children be enrolled in a public or private school, and actually attend such a school.

California Decision Vacated - 4/28/08
The In re Rachel L. decision handed down by the Court of Appeal of the State of California, has been vacated. California homeschooling back to normal.

Home Visits or Accusations of Truancy

Association of Homeschool Attorneys
This Yahoo Groups email list was formed in response to the proliferation of of truancy, custody, and CPS cases against legal homeschoolers in California, as well as the continuing threat to homeschooling by legislative action. It has expanded to be a national resource.

Contact By Truancy Officers
Most (but not all) investigations of truancy cases involving homeschoolers start because the children were removed from a public or private school without first complying with one of the legal ways to homeschool, because they were involved in truancy issues prior to leaving school, or because they had come to the attention of Children's Protective Services for abuse or neglect.

Home Visits by Officials
The Three Little Homeschoolers: A Tale of Caution
Once upon a time there were 3 homeschooling families. The first family knew nothing about their legal rights. The second family had listened to a seminar in which their legal rights were discussed, and the third family knew the Code. From CHN.

Pacific Justice Institute
Brad Dacus, president and chief counsel of the Pacific Justice Institute, which has said it will represent for free any family facing truancy charges.

When Officials come knocking at your door - A true story
The school official stated that he was visiting the new private schools in the district, and, in Impressive Official tone, demanded to see Àall the administrative documents.” By Elizabeth Vana Bryant, HSC legal volunteer.

Work Permit for your Teen

Work Permits
"The law does not require that the minor be a pupil registered with the local district or even that the minor be living with a parent who is a resident of that district. The minor merely has to be living within the boundaries of any school district (even if only for a vacation), and the superintendent is authorized to issue the required work permit."

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Laurel Springs School
Where interests, talents and learning styles are honored.
 
Arbor Academy Private School
Parental choice with ongoing support, personalized for your child's academic success.
 
Keystone National High School
Keystone expertly blends correspondence based independent high school diploma study with Internet based instruction to provide the online education and a learning environment that is right for you!

Citizens' High School
Citizens' High School

An independent study high school completion program that is Nationally Accredited by the Distance Education and Training Council.

Affordable, Self Paced, Career-Focused
Earn your High School Diploma through Penn Foster High School
 

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