HOMESCHOOLING IN CALIFORNIA & HOMESCHOOL LAWS
You may be considering homeschooling your children in California, but don’t know where to start regarding state regulations and requirements. This guide will walk you through what you need to know to successfully set up your own program legally in California. We’ll cover the history of homeschooling in California, current homeschool laws in California, required notifications and filings, curriculum and testing choices, high school transcripts, and special education services.
This page is not intended to provide legal advice or otherwise constitute legal guidance. Always check your state regulations for the most current laws.
History of Homeschooling in California
Historically, California law initially permitted homeschooling, but amendments in 1929 required that children not attending public or private schools be taught by a credentialed tutor. This interpretation was confirmed by case law in 1953 and 1961, which concluded that a home school could not be considered a private school unless the home education was provided by a credentialed tutor.
The state law regarding homeschooling remained unresolved in California until an important 2008 state appeals court case, Jonathan L v. The Superior Court. This ruling affirmed the rights of parents to home school children as home based private schools under the state law, provided they submit an annual private school affidavit, offer an approved course of study, and maintain attendance records – overturning previous ambiguity and cementing homeschooling as an accepted practice.
Current California Homeschool Laws and Regulations
In California, homeschooling is regulated under the state’s compulsory education laws, which require children between the ages of 6 and 18 to attend school.
However, there are provisions that allow for homeschooling under certain conditions.
Private School Affidavit: Parents can establish a home-based private school by filing a private school affidavit with the California Department of Education. This affidavit must be filed annually, and the home school must comply with the same requirements as other private schools, including maintaining attendance records and offering instruction in the required subjects.
Private Tutor Exemption: Children can be homeschooled by a private tutor who holds a valid California teaching credential for the grade level being taught. The instruction must be in the English language, cover the same subjects required in public schools, and be provided for at least three hours a day for 175 days each year.
How to Set Up a Homeschool In California
To establish a legitimate private homeschool in California under California homeschool laws:
File a Private School Affidavit: Parents who wish to homeschool in California must file an annual private school affidavit with the Superintendent of Public Instruction. This affidavit is required under California homeschool laws
Instruction Requirements: The homeschool in California must provide instruction in English and cover the subjects required to be taught in public school. This includes maintaining a record of attendance and ensuring that the education is provided by persons capable of teaching.
Compliance Verification: The local school district’s attendance supervisor or another designated person must verify that the school has complied with the affidavit filing requirements. This verification does not equate to an evaluation or endorsement of the homeschool.
Minimal Oversight: California has few express limitations on homeschooling and does not provide a specific enforcement mechanism beyond the affidavit filing and verification process. Issues regarding the propriety of homeschooling typically arise only in dependency or family law proceedings or in cases of prosecution for failing to comply with compulsory education laws.
Parents can also opt for a personalized education approach through a private school satellite program, which operates independently but must file an affidavit with the California Department of Education.
A private school satellite program (PSP program) in California is an alternative educational arrangement that provides support and oversight for a homeschooling family and is usually one of the accredited homeschool programs in California. A satellite program is typically operated by a private school that extends their services to home-based students. They allow a homeschooling family to operate under the private school laws of California, rather than filing as an individual home based private school.
When homeschooling in California, law is important but if you are aware of the steps and keep good records, you will have a smooth journey!
Maintaining Your California Homeschool
To homeschool in California, you can start by asking, “How do you homeschool in California?” and then explore options like filing a Private School Affidavit or enrolling in a charter school’s independent study program.
To remain complaint under California homeschooling laws and maintain a homeschool in California, parents must comply with specific legal requirements:
Parents must file an annual private school affidavit with the Superintendent of Public Instruction. This affidavit is required under California Education Code Section 33190.
The homeschool must operate as a private full-time day school. The instruction must be in English and cover the branches of study required in public schools. Records of attendance must be maintained, indicating every absence of the pupil for a half day or more.
The local school district’s attendance supervisor or another designated person must verify that the private school has complied with the affidavit filing requirement. However, this verification does not equate to an evaluation, recognition, approval, or endorsement of the private school or its courses.
While the law does not explicitly require teachers to hold teaching credentials, the homeschool curriculum must be taught by persons capable of teaching.
Case law has established that homeschooling can qualify as a private school if it meets the above requirements. However, there is no absolute constitutional right to homeschool one’s children, and restrictions on homeschooling can be imposed if they satisfy strict scrutiny, such as in dependency or family law proceedings.
California Homeschool Reporting Requirements
Private schools including homeschools must document student attendance as substantiation that students are fully enrolled and receiving appropriate education services. Students must be taught for at least three hours a day for 175 days each school year. Parents should keep meticulous written logs showing number of instructional days/hours per year and actual time each student engaged in learning per homeschool statutes (EC Section 48222, 5 CCR Section 11704).
In addition to attendance, detailed course descriptions with topics covered, texts utilized, and K-12 scope and sequence followed for core subjects should be kept per child annually. The local school district’s attendance supervisor or another designated person must verify that the private school has complied with the affidavit filing requirement. This verification does not constitute an evaluation, recognition, approval, or endorsement of the private school or its curriculum.
Homeschool Testing in California
California does not mandate standardized testing or submission of academic progress indicators for privately homeschooled students. Parents have discretion over whether to administer tests, which assessments to utilize, and what to report. Home-based achievement tests like the California Achievement Test (CAT) are commonly used to identify learning gaps and qualify students for college entrance. Many families choose not to test formally.
Students enrolled in public independent study charters however must participate in state-mandated assessments like the California Assessment of Student Performance and Progress (CAASPP) in core subjects just as traditional public-school students do. Make sure to review testing policies carefully before registering with public charter programs.
Funding Your California Homeschool
California does not provide direct funding, tax credits, voucher programs or other financial assistance to support homeschooling families. Parents assume the full financial, administrative and instructional responsibility for operating their homeschool privately.
Until legislation changes, homeschooled students remain ineligible for various scholarships, enrichment offerings, extra-curricular programs, and classroom resources public school students can access. Many parents finance curriculum materials, books, computers, software platforms, subscription learning services, assessment resources, a private tutor, and enrichment activities completely out of pocket without state assistance.
Limited tax deductions offer minimal offsets to the substantial financial burden faced exclusively by homeschool families. Advocacy groups continue lobbying officials for greater equality in access to funding support and resources by homeschool constituents.
However, state-funded homeschooling is available through the California Charters, listed further below.
Federal Tax Breaks
Families may be eligible for certain federal tax benefits to help offset educational expenses. One option is a Coverdell Education Savings Account, which allows money to grow tax-free when used for qualified costs. Parents might also be able to deduct a portion of mortgage interest or rent if part of the home is used regularly and exclusively for homeschooling. Finally, tax credits or deductions could be available for required books, supplies, equipment and curriculum used for homeschool instruction. To learn more about these potential tax advantages, homeschooling families should review the information and resources provided by the IRS.
California Immunization Requirements
While homeschools independently determine academic programming, California law requires compliance with the same immunization standards governing traditional public and private schools under Health and Safety Code Sections 120325-120380.
Parents filing annual private school affidavits must show proof that all enrolled students have received age-appropriate immunizations per the CDC recommended schedule for school-aged youth. Standard medical exemptions are permitted when signed by a state-licensed physician certifying an immunization poses specific health risks.
Aside from rare medical contraindications, failure to fully vaccinate enrolled students violates compliance with compulsory attendance statutes and risks loss of homeschooling rights. Make sure to maintain current immunization records.
California State Graduation Requirements
California does not issue diplomas or require exit exams for homeschool students. However, by age 18 most homeschoolers readily meet college entrance requirements. The University of California and California State University systems align admissions standards with competitive universities nationwide.
Since California does not issue diplomas to homeschool students, parents set their own graduation requirements for awarding an equivalency high school diploma. Typical benchmarks include completing an approved Course of Study covering 4 years of English/language arts, 3+ years of math through Algebra and Geometry, 2 years lab science, 2 years social studies, 2 years of a single foreign language, 1 year of visual/performing arts, a health course, ACT/SAT testing, community service credits, and a senior thesis paper compiling skills.
In 2024, California became the 26th state to require a personal finance course in high school.
College-bound students should take appropriate college-prep level academics, procure letters of recommendation, and assemble a portfolio.
California Homeschool Charters
The state provides funding for homeschool charter schools in California, and this is often the best option for a family. Here are some of the (free) charters serving homeschoolers in California:
Charter schools are independent public schools that are allowed to operate with more flexibility than traditional public schools in California. Some charters provide support and additional resources specifically for homeschool families. Here are the key things to understand:
Enrollment in a charter homeschool:
To attend a charter homeschool, you must formally enroll and be accepted by the charter school as its own independent school, even while schooling primarily at home.
Enrollment requirements, capacity limits, and lottery systems can come into play depending on demand at given charters. Open enrollment periods are common.
You must notify both the charter school and your resident school district that you are enrolled in the charter. You are then considered a public charter school student while homeschooling.
It is important to note that there are standardized testing requirements in charter programs.
Local California Homeschooling Resources
Traditional California public schools offer programs like Gifted and Talented Education (GATE), CTE pathway courses, special education services, competitive athletics, performing arts, Advanced Placement (AP) courses and more currently unavailable to privately homeschooled students in many districts.
In the interim, connect with local homeschool groups organizing shared instruction, activities, bands, theater troops, choirs, proms, tournaments and events to expand social development and supplemental opportunities. Support each other in providing the customized education and outlets all children deserve.
Homeschool Cooperatives are groups of homeschooling families who jointly participate in instructional activities, excursions, programs, clubs and more to share resources and workload. Numerous independent co-ops exist across California centered on geography, faith-based characteristics, learning philosophies, student ages and other attributes.
Cooperatives convene in informal spaces, community centers, partnering traditional school facilities, houses of worship or online. Instruction is led by volunteering parents according to their abilities across diverse subjects/interests. Field trips such as the San Luis Obispo Children’s Museum and the Museum of Natural History in Santa Barbara, the San Diego and San Francisco zoos, the Santa Barbara Zoological Gardens, the Santa Cruz boardwalk, colleges and community service activities are commonly coordinated through co-ops as well enhancing learning.
Explore local groups for activities, classes, sports, and more:
California Homeschool Network: Lists local groups, field trips such as the Museum of San Diego and the San Francisco Museum of Modern Art, Sea World in San Diego, the San Francisco Cable Car Museum, and the Fleet Science Center in San Diego, classes and more.
Homefire: California homeschooling news, events and information.
California Association of Independent Schools: Support for private and homeschools for new and experienced homeschoolers.
HomeSchool Association of California: Legislation updates and advocacy.
About the Author
Heather holds a JD from New England Law | Boston and is a licensed attorney in Massachusetts. Heather is a seasoned professional with over 20 years of experience in education and the law. Currently, she is Legal Counsel and Program Manager for Homeschooling at SVHS. Previously, she served as the Director of Academic Programming and as a corporate attorney at a higher education startup. Heather’s expertise spans online learning, curriculum development, accreditation, and strategic compliance, ensuring alignment with ever-evolving legal regulations.
