Homeschooling is an increasingly common educational choice for millions of families throughout the United States. It gives families more flexibility in curriculum, location, and more personalized instructions for children of all ages.
Approximately 60,000 students are homeschooled in California. California's rate of homeschooling was approximately double the national average before the start of the COVID-19 pandemic, and that number has remained consistent.
One quirk with homeschooling in California is that the state doesn't provide minimal guidance for homeschooling families. These minimal regulations can be both an advantage and a challenge for homeschooling families.
The state doesn't provide homeschooling resources or funding support. If a teenager plans to attend college, families will need to plan to ensure they'll be able to meet the admission requirements.
The lack of requirements, however, allows families to design courses and curricula for their children. Parents and guardians can provide a more independent, individual educational program.
That the state has few policies about homeschooling doesn't mean that issues won't arise. If anyone is trying to interfere with your right to make decisions about your children's education, the Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.
Does California Allow Homeschooling?
Yes, families can homeschool in California. One of the quirks of California law is that the state doesn't have an explicit policy on homeschooling, which leads some to believe that homeschooling isn't an educational option in the state.
Without explicit laws on homeschooling, families have other options when they want to homeschool:
- Affidavit
- Independent Study
Parents may also select a charter school or other option, some of which may be used in conjunction with affidavits or independent studies.
Some of these options will involve a child's local school district, which is the school they'd attend if they went to public schools. If a family follows one of the above paths for homeschooling, a school district cannot bar them from that educational option.
Private School Affidavits in California
For families who want to homeschool in California, one option is a private school affidavit. Parents essentially “found” a private school that homeschools their children.
Parents must submit an affidavit annually between October 1 and 15 for the current school year. That families submitted an affidavit a previous year doesn't matter: California requires families to submit an affidavit for every year they homeschool.
An affidavit must include information such as the school's address, its enrollment, all faculty (e.g., if a family hires a private tutor), and what courses of study the school will provide to students.
Parents must keep educational records for each year. This includes having a copy of the submitted affidavit.
Do Families Need to Notify Their Local School District When They Plan to Homeschool?
No, but California requires all children and teenagers between the ages of 6 and 18 to attend school. California has School Attendance Review Boards (SARBs), which ensure that children attend school. These boards have the power to refer families to court.
School districts also have a responsibility to check why children aren't attending school. If a child previously attended a public school, parents may wish to formally withdraw their child or otherwise notify the school as to why they aren't returning to avoid later problems.
Put another way: Families aren't required to inform schools, but schools and SARBs have a responsibility to check that students are attending school. Essentially, homeschooling families have a non-requirement requirement to let schools know that they're homeschooling.
Families should have a copy of their affidavit readily accessible to show that they are meeting all of the state's compulsory attendance laws for school. If a school district or SARB continues to check up on a family or suggest that they're violating California's compulsory education laws, families should contact the Education Law Team at the Lento Law Firm.
Does California Require Homeschooling Families to Follow the State's Curriculum?
No. Families who file an affidavit aren't required to follow California's curriculum standards. The state doesn't provide any resources or materials for families who homeschool. The state also doesn't provide or support any official homeschooling resources or groups.
California doesn't regulate any private schools beyond requesting certification. If a school district or state employee is requiring a homeschool to submit to regulations, monitoring, or submitting curriculum information, they're violating California law.
Does the Affidavit Option Require Parents to Have Any Certification?
No. Parents don't need any teaching credentials to homeschool their children in California.
What are the Diploma Requirements for Homeschool Students in California?
Students have two options instead of a traditional high school diploma:
- General Education Development (GED) Test
- California Proficiency Program (CPP)
GED
With a few exceptions, individuals generally have to be at least 18 years of age to sit for the GED. While an individual must be a resident of California to get a GED in California, they may be able to take a test in another state. Those wishing to take the GED in another state should check to see if their test results will transfer to California.
Once completed, a GED should be viewed as the same as a high school diploma. Individuals can't refuse to recognize a GED because a student was homeschooled or took the GED in another state.
CPP
Many families may be more familiar with the CPP's precursor, the California High School Proficiency Exam (CHSPE). CPP replaced CHSPE. Students who complete the CPP will receive a Certificate of Proficiency, which is similar to a high school diploma.
Students may end with the CPP or continue with the California High School Equivalency Certificate. The equivalency certificate includes science and social studies components.
Students may take the CPP when they are at least sixteen years of age or have been in the equivalent of tenth grade for at least a year. They must also be currently subject to California's compulsory education requirements.
How Does Homeschooling in California Affect My Child's Admission to College?
While California doesn't have a set curriculum, colleges or universities may require certain courses or that students meet certain requirements for admission. If their child plans to attend college, parents should discuss what colleges or universities interest their child and look at those school's admission requirements or contact the school.
The University of California system lists its admission requirements, including at least 15 college-preparatory courses. The UC system also has admission by exception. Homeschooled students may choose to meet the school's traditional admission criteria or choose to accept the admission by exception option.
Admission by exception is for students who have had a nontraditional education. Reasons for choosing the admission by exception option include not having a standard diploma or transcript or following a non-traditional curriculum that differs from the system's requirements.
Private schools may have different requirements. Occidental College, for example, states that a transcript is required. A few miles west of Occidental, Pepperdine University lists similar admission requirements.
When a school doesn't publicize an option for nontraditional students, families should contact the school. This should ask about a school's admissions procedures for homeschooled students.
The question with college admissions is if homeschooled students are singled out or treated differently just because they were educated at home. For example, if a college requires most students to complete four English courses as part of its admission requirements but requires homeschooled students to complete six, that could be considered a way to single out homeschooled students.
Does California Provide Financial Incentives or Support for Families Who Homeschool?
While some states provide financial support or tax breaks for families who homeschool, California doesn't. While one proposed bill would create Education Savings Accounts, the bill has repeatedly failed to secure enough votes to make it out of the Senate Education Committee.
Can My Student Still Receive Special Education Services?
Yes. The Individuals with Disabilities Education Act (IDEA) requires that public schools provide Individualized Education Plans (IEPs) to all eligible children who reside within a district's boundaries. In California, students can receive special education services up to the age of 22 if they haven't graduated from high school. Students who are too young to attend K-12 schools are also eligible for early intervention services.
A school cannot decline to provide an IEP because a student isn't enrolled. Neither can they decline to provide services because a child doesn't attend a traditional school.
Students must be assessed to see if they meet one of the disability categories under IDEA. In addition to having one of the eligible disabilities, that disability must affect a student's education. All assessments must be sufficiently comprehensive, and a school cannot provide a lesser assessment because a child is homeschooled.
If your child qualifies for an IEP and previously attended a public school, their IEP may change once they're homeschooled. IEPs should be individual to the student and that student's situation. This includes taking into account where a student receives instruction. A student spending the majority of their school day in a general-education classroom will likely require different support than one receiving private tutoring or personalized instruction at home.
The question comes down to whether a student's accommodations are reasonable. If you believe your child is receiving ineffective accommodations or support or is being denied access to special education services because they're homeschooled, the Education Law Team at the Lento Law Firm can help.
Do Homeschool Students Still Have to Follow California's Vaccination Requirements?
It depends. If children are homeschooled, California doesn't require them to follow the state's immunization requirements. Home schools are, however, subject to the same record-keeping requirements as other schools.
Students who participate in independent study programs may also be exempt from vaccination requirements. The exception is if there's any classroom-based instruction: To qualify for the exemption, students must receive zero classroom-based instruction.
For students with disabilities or if students can participate in school activities, the situation isn't as clear. California has said that immunization requirements don't ban a student from receiving special education services, but school districts have been left to interpret what that means. While Los Angeles Unified School District won't limit a student's access to special education services due to vaccination status, in Orange County, all students must comply with the same requirements, regardless of whether they receive special education services.
In other words, students may be required to follow California vaccination requirements. Parents should check with their local school district.
Since 2016, California has recognized medical exemptions only to immunization requirements. These exemptions must meet certain standards.
Can My Student Participate in School Activities Even if Not Enrolled?
California doesn't have any laws on whether homeschooled students can participate in any school activities. Each school district decides whether homeschooled students can participate in the school's extracurricular activities.
The exception is athletics. The California Interscholastic Federal bans homeschooled students from participating in any CIF events.
Independent Study
Another option for homeschooling is independent study. Schools aren't required to offer an independent study option, and the program, when offered, must be entirely voluntary.
Unlike homeschooling with an affidavit, independent study students still follow the state's curriculum requirements. The difference is that, rather than receive education in a classroom, a student works at their own pace under the supervision of a qualified educator.
California offers two types of independent study:
- Traditional independent study
- Course-based independent study
The California Department of Education has a chart that explains the differences between these two options. Independent study, when available, can be beneficial for students who learn at a different pace than the average student, have health concerns, or would otherwise benefit from a more independent approach to school.
For homeschooling families, independent study can be beneficial because it reduces the amount of time parents have to spend on designing a curriculum. It also enables students to meet curriculum requirements with parents possibly supplementing those requirements with additional study or courses.
The Sacramento City Unified School District offers independent student options for K-12 students. Participation is voluntary, and the district offers both short- and long-term independent study options.
Can Independent Study Students Participate in School Extracurriculars?
When school districts allow independent study, they also decide whether students can participate in extracurricular activities, including sports. This differs from homeschooled students educated through an affidavit, which has a blanket ban on sports participation.
Both Paso Robles and Atascadero school districts allow independent study students to participate in sports. Other school districts, such as Templeton, have policies that bar independent study students from participating in sports within the district.
If a district's policy prohibits independent study students from participating, that's allowed. Problems arise when districts inconsistently apply those policies.
Protect Your Student's Educational Freedom
Parents should have the freedom to decide what's best for their child's education. That includes homeschooling or other nontraditional options. California gives families that flexibility with minimal oversight by the state.
When families decide to homeschool, they should complete the necessary paperwork to avoid running afoul of the state's compulsory education laws. This can also limit other's ability to interfere with parents' educational choices.
Too many people, including well-meaning educators, may dismiss or attempt to interfere with a child's right to nontraditional educational options. If and when someone is interfering with your choice about how to educate your child, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
