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 Department of Education Private School Affidavit
This California DOE website section lists the guidelines for submission of the Private School Affidavit. There is an online form to complete by new schools or schools with five or fewer students.
A New Charter for Homeschooling?
Discusses some of the issues relating to homeschoolers in North Carolina placing their children in public charter and virtual charter schools for some or all of their education. Using examples from Alaska, California, and other parts of the country, author Dr. Karen Palasek examines why homeschooling parents need to be informed about the implications of this type of enrollment.
California Education Code, Section 51745, -51749.3 51747.3
Authorized Classes and Courses of Instruction-Independent Study. Provisions for independent study.
California Education Code, Section 44237
Commission on Teacher Credentialing. This section pertains to private schools requirement of submission of criminal record summary information.
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.
California Home School Laws
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in California. Includes a link to a legal analysis of laws relating to homeschooling in California.
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.
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...
California Homeschool Network Legal Rights Committee
California Homeschool Network's volunteer legal committee doesn't give legal advice, but they can share information about the experiences of other homeschoolers who have asked those same questions, and they can help you understand current homeschool laws and regulations. The CHN Legal Defense Fund was established in 2000 to benefit families who do not qualify, for any reason, for assistance from one of the other legal services organizations.
Homeschooling Legal FAQ
This Frequently Asked Question list includes everything you need to know about the legality of homeschooling in California.
California Education Code, Section 48220, 48222, 48224
Compulsory Education Law-Pupils Exempt. This section includes the exemption from attendance to a public full-time day school that pertains to homeschoolers.
The Legality of Homeschooling: Complying with California Law
A summary of the options for home educating parents in California.
California Education Code, Section 33190-33193
Verification of Private School Instruction. This section of the California Education Code addresses private schools in California. Home schools can be registered as private schools as one way to comply with the law.
Sample Paper Affidavit
Provided by Homeschool Association of California.
California Department of Education
The website for the California Department of Education.
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Featured Resources
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Dumbing Us Down: The Hidden Curriculum of Compulsory Schooling
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When Children Love to Learn: A Practical Application of Charlotte Mason's Philosophy for Today
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