California has four homeschool options.
Most homeschoolers have traditionally used the first two options, operating their homeschools as private schools or enrolling in an umbrella school. However, an increasing number of children are being homeschooled through independent study programs.
In the absence of a homeschool statute, homeschools may operate as “private full-time day schools.” See Cal. Educ. Code § 33190 and Cal. Educ. Code § 48222.
Between October 1 and October 15 of each year, parents must file an affidavit with the Superintendent of Public Instruction. This affidavit must include their names and address, their homeschool’s enrollment by grade, the number of teachers (i.e. individuals providing instruction), and a statement that the required records are being maintained at the stated address. The criminal records requirement does not apply to parents working exclusively with their own children. See § 33190 and § 44237.
Students must be instructed “by persons capable of teaching.” See § 48222. Local and state education officials have no authority to determine who is or is not “capable of teaching.”
None.
None.
None.
Private school employees must have criminal background checks. See § 44237. However, this does not include parents working with their own children.
In the absence of a homeschool statute, homeschools may operate as satellite programs of supervising private schools. See Cal. Educ. Code § 33190 and Cal. Educ. Code § 48222.
Parents must enroll their students in a private school satellite program.
Students must be instructed “by persons capable of teaching.” See § 48222. Each supervising school determines what this means and sets its own requirements.
At the discretion of the supervising school.
At the discretion of the supervising school.
At the discretion of the supervising school.
Private school employees must have criminal background checks. See § 44237. However, this does not include parents working exclusively with their own children. See § 44237.
Students may be “instructed in study and recitation” by a private tutor. See Cal. Educ. Code § 48224.
None.
“The tutor or other person shall hold a valid state credential for the grade taught.” See § 48224.
Instruction must take place “for at least three hours a day for 175 days each calendar year by a private tutor or other person.” This instruction must be offered between 8 a.m. and 4 p.m. See § 48224.
None.
None.
None.
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Students may enroll in independent study programs through a public school district or charter school. These students are technically public school or charter school students. See Cal. Educ. Code § 51745.
Parents must enroll their children in an independent study program operated by a public school district or charter school.
As required by the program.
As required by the program.
As required by the program.
As required by the program.
As required by the program.
As required by the program.
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Because state law is silent on the subject, whether or not to allow homeschooled students to enroll in public school classes is up to the school district. Some districts may not allow a homeschooled student to enroll part-time unless they are willing to participate in the district’s Independent Study Program.
According to Rule 301 of the California Interscholastic Federation’s bylaws, homeschooled students are not eligible to participate in public school athletics. In contrast, students homeschooled through an Independent Study Program are eligible to participate in public school athletics. See the bylaws for more information.
Students homeschooled with disabilities under the state’s private school law are eligible for testing in their local public schools, and may also have access to services offered through these schools. Independent Study Program students with disabilities are eligible for testing and services through their district.
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California has never passed a homeschool statute. That does not mean, however, that homeschooling does not have a history—legal and otherwise—in that state. While early homeschoolers generally argued that they were operating individual private schools, or as satellite programs of private schools, some school officials objected and there were squabbles over interpretations of the law. In 1986, a municipal court ruled in People v. Darrah and Black, et al, that the state’s requirement of a “person capable of teaching” and “private full-time day school” were constitutionally vague and therefore unenforceable. In 2008 the California Supreme Court abruptly threw the legality of homeschooling into question with In re. Rachel L. In the face of severe criticism, the court agreed to rehear the case and settled the legality of homeschooling in In re. Jonathan L.
In 2018, two California state legislators sought to require more oversight for homeschooling. AB 2756 – sought to require home-school settings to be inspected annually by firefighters, who are legally mandated to report signs of child abuse but the author of the bill, Assembly member Jose Medina, revised the bill after hearing parents’ privacy concerns. The bill, which died in the Assembly in late April, would have created a home-school designation, distinguishing them from private schools. AB 2926 authored by Assembly member Susan Talamantes Eggman, sought to create to a statewide committee dedicated to the oversight of home schooling to set standards for teacher qualifications and conduct health and safety inspections. Both of these bills were unsuccessful. But Medina said he will most likely not pursue more legislation.
Here’s how to report educational neglect. Have you reported educational neglect in this state? Please tell us about your experience.
Selected California Education Codes
Private Schools Frequently Asked Questions
Filing the Private School Affidavit, California Department of Education
Independent Study, California Department of Education
California, International Center for Home Education Research
This overview is for informational purposes only and does not constitute the giving of legal advice. Page last updated April 2023.
