Frequently Asked Questions

 

 

Is Homeschooling Legal in California?

Yes, homeschooling is legal in California. There has never been any question that homeschooling is legal in California using a public school independent study program, a public charter school, or by tutoring your own child if you have a credential for the grades taught. Independent study programs through the more established private schools have also not been questioned. In the past, the California Department of Education (CDE) questioned independent homeschooling, and stated that homeschooling by establishing a private school in an individual's home was not authorized in California. This is no longer the case. The CDE is not taking a position on the legality of homeschooling. It continues to be the responsibility of the local school districts to determine if a private school has complied with the statutory requirements for establishing a school. Although homeschooling is not specifically permitted by statute and the word does not appear in the Education Code, it is not illegal as long as the homeschooler complies with one of the legal requirements for attendance in a public or private school or is tutored.


How do homeschooling families comply with the Education Code, if it does not mention homeschooling?

They comply with the compulsory school law in one of four ways:

  1. They establish a private school in their own home.
  2. They enroll their children in a private school that offers an independent study course.
  3. They employ a private tutor or hold a California teaching credential themselves.
  4. They send their children to a public school that offers independent study.

 

How do homeschooling families establish a private school?

Many California families choose to comply with the state’s compulsory attendance law by establishing a private school in their own home. These families file the R-4 affidavit with their local county board of education just like their local Waldorf, Catholic or college-preparatory school does. Since the Education Code allows anyone to establish a private school of any size, with any philosophy, employing whatever teachers they choose, parents use this legal provision to homeschool. The State Department of Education persists in questioning the legality of these very small private schools. However, the DOE is neither the interpreter or the enforcer of this law; its legal opinion is of little import.

 

But doesn’t the R-4 Affidavit allow the state or school district to supervise the private school?

No. The R-4 affidavit is a simple form that notifies the state of the existence of a private school. It is not a license given by the state: The state does not approve, evaluate, recognize, endorse, or supervise your private school in any way. The affidavit is merely a device by which the Department of Education’s Demographics Unit keeps track of the number of school children in California.

The form itself is a public document available from your local county office of education. Because it is a public document, the county office cannot refuse to give families the form or refuse to accept their completed form.

Private schools must offer instruction "in the several branches of study required to be taught in the public schools" (see Ed Code sections 51210 and 51220), but how or what those subjects are taught is determined by the private school. There is no provision in the law that authorizes or requires that local school districts or any other state agency supervise or approve of the instruction given in private schools.

Private independent study programs (private ISPs) are legally the same option as establishing a private school. Instead of filing individual R-4 affidavits, the administrators of the ISP have done this for the individual families.

Private ISPs vary widely in offerings, philosophy and structure. Some offer complete curricula and home study assignments; others serve only as administrative record keepers for independent homeschooling. Some families appreciate the structure, the record keeping, and the anonymity that the private ISP may offer.

 

How do parents comply with the tutoring exemption?

Parents with a valid teaching credential (or those who wish to employ a credentialed teacher) can act as tutor for their children. Tutors are not required to file with the county or state or to keep attendance records. The tutor must have a credential appropriate to the grade level of the child or children being taught: a parent with an elementary credential would not meet the requirement for teaching their high school student and would find some other way to comply with the law.

 

How do Public School Independent Study Programs (Public ISPs) or Charter Schools allow parents to homeschool?

Legally, enrolling a child in a public school independent study program or charter school is equivalent to enrolling him in public school. These are the "home study" programs offered by more and more school districts. Public ISPs vary widely in the level of control they exert over their students and the services they offer. Public ISPs must comply with state law and the administrative directives promulgated by the Department of Education. Public ISP students cannot be given advantages that are not made available to the other students in the district.

If a family’s local district does not offer an ISP option and they wish to homeschool under this option, they can request an inter-district transfer to a program within their county or the county immediately adjacent. However, transfers are at the discretion of the district and are not automatically granted.

Charter Schools can be a little easier as they require only that students live in the district or adjacent district which holds the charter, and do not require any district permission.

 

Does homeschooling work?

One written by a homeschool author, others written by writers for national publications. Some articles to answer this question.

 

Are parents really qualified to teach their own children?

Parents do not lightly make the decision to homeschool their children. They realize that it is a big undertaking and responsibility.

But for homeschooling parents, the task of helping their children learn is seldom a burden. Children who are given the opportunity to follow their own interests, to dig deeply into topics that interest them, to have some say in how they learn, become eager and effective learners. Just as they help their children learn to walk and talk by providing models and guidance, parents of homeschooled children help their older children learn by providing tools and resources.

The best teachers for all children are people who love and care about them and who respect their particular way of learning--people who have the time and the patience to provided one-on-one attention. Homeschooling parents do what teachers wish they could do in the classroom but cannot for lack of time and help and an excess of students.

Any teacher can tell you that the children who do well in school are the ones whose parents are involved in their education. Homeschooling is total involvement.

 

How well do homeschooled students really learn? 

There are no controlled studies of the effectiveness of homeschooling as an educational option, nor, because of the complexity of the problem (exactly which variables can or should be controlled for?), are there likely to be.

There are, however, numerous studies comparing the achievement of homeschoolers and schoolchildren on a variety of standardized tests. Generally, homeschoolers tend to score as well or better than those conventionally schooled.

Perhaps more useful are the performances of homeschooled students as they enter college. Homeschooled students are eagerly sought by many selective and highly selective colleges; they are reported to be more focused and more self-reliant than schooled students, and to adapt better to living on their own.

 

What about socialization?

Most homeschooling families consider socialization to be one of homeschooling’s great advantages. Instead of spending the better part of their days in close contact only with others of their own age, homeschooled students have the time and freedom and energy to get to know people of many ages and backgrounds. With more say in the direction of their education, they become more self-reliant and self-confident, and less dependent upon peer approval than most school children.

Few, if any, homeschoolers are isolated to the point where they don’t interact with other people. Most are heavily involved in their communities. They belong to Scouts and church groups, take swimming and dance lessons, play on soccer and softball teams, etc. Many do volunteer work, such as visiting convalescent hospitals, shelving books at the library, even helping at public schools.

Homeschoolers also get together in support groups, to take field trips, hold park days, and for other group activities.

They build deep and meaningful friendships, with more time and space to talk and learn from each other than would be possible in school.

Most parents who withdraw their children from conventional schools report that their children quickly learn to get along better with a wider variety of people--siblings, older and younger children, and adults of all ages--as homeschoolers than they ever did as school students.

 

What resources do homeschoolers use? 

There is a large and growing educational market serving homeschoolers, with well-tried curricula and study programs for every educational philosophy. Homeschoolers who participate in public school programs such as charter schools and home study programs have access to a wide range of conventional materials, and many independent homeschoolers take advantage of used book depositories, where they can obtain used school materials--textbooks, encyclopedias and other reference tools, library books, etc.--at nominal expense. Educational television is also a favored resource, as are the Internet and the World Wide Web.

But homeschoolers also go out into the community and the world for their learning resources. The local library, with its selection of books, videos, and other materials, as well as the lectures, reading programs, and other activities often offered, is only a starting point for most homeschoolers. National, state, and local parks provide both formal and informal opportunities for learning. Local recreation departments offer many classes and athletic opportunities. There are museums to visit, farms and factories, science fairs, and more. Community organizations--garden clubs, choirs and other music groups, 4-H, hobbyists and activists of every variety--offer learning opportunities limited only by homeschoolers’ time and energy and interests.

Homeschoolers are not limited in their use of resources by governing boards or editorial committees, and have the entire world as resource for learning.

 

How can homeschoolers get a high school diploma? 

Homeschoolers can obtain high school diplomas through public and private ISPs and can issue diplomas through their own R-4 schools. Equivalency certificates can be obtained by passing the California High School Proficiency Examination (CHSPE) or the tests of General Educational Development (GED). Those who issue their own diplomas need not meet any legally-mandated requirements (there aren’t any); a high school diploma can be awarded on any basis whatsoever, and it can be earned at any age. A high school diploma or certificate can be noted on applications and resumes, and it can provide entry to jobs, schools, and training programs, but it is not always necessary. Many people live productive and fulfilling lives without a high school diploma; some have earned the highest academic degrees.

 

Can homeschoolers attend community college classes? 

California community colleges can provide academic schooling for anyone who is able to benefit from it. (Accessibility varies from state to state.) Students who are engaged in high school studies can enroll concurrently at community colleges; policies and procedures vary from college to college. Anyone who is 18 or older can enroll simply on the basis of his or her age; there are no other admission requirements. People younger than 18 who want to be full-fledged college students can be admitted if they have a diploma or an equivalency certificate. Admission to many four-year colleges and universities, including the University of California and the California State University, can be gained solely on the basis of one’s record at a community college; a high school record is not necessary.

 

What services do homeschoolers want from the public school system?

Different homeschooling families desire different things from the public school system. Some want fairly structured programs, with conventional records for their children. Others would like access to school resources, but with considerable latitude allowed in how they may use those resources.

Within those differences, though, almost all homeschooling families enrolled in public school programs expect to have a significant role in determining the course and content of their child’s program, and prefer that any required recordkeeping be both simple and relevant to the work being done. Families who find the requirements of public school home study programs too burdensome usually will opt for a private homeschooling option rather than continue with a program they are unhappy with.

Many homeschooling families who would not otherwise be interested in public school programs might be interested in opportunities to participate in extracurricular activities, such as drama, music, and sports programs, or in particular specialized courses, such as advanced biology. Generally, such options are not currently available in California, although they often are in other states.

Many homeschoolers also dream of local schools where anyone, of any age, could wander in and out at will seeing if what they want to learn about was available at the time they wanted to learn it. Schools or other learning centers built more along the models of libraries or museums, where resources and ideas could be shared for the asking, would be very attractive to most homeschooling families.

 

What about college or jobs? 

Homeschooled students have demonstrated that their lack of a conventional education is no barrier to college or career. Homeschools have performed well at hundreds of colleges and universities through the country, from community colleges to highly selective universities like Stanford and those of the Ivy League, from small private liberal arts schools to the military service academies.

In lieu of traditional high school transcripts, homeschoolers often provide, along with their SAT scores and letters of recommendation, narrative essays or portfolios as part of their admissions package. Many colleges and universities eagerly seek out homeschoolers and have developed standards for evaluating their less conventional academic records.

Some homeschoolers opt to take the California High School Proficiency Examination (CHSPE), and demonstrate their academic ability at a community college before transferring to a four-year institution.

Other teens find that a special interest or hobby develops into a part- or full-time business or employment opportunity, and find that such experience is an asset if they later decide to pursue a college-level education. Some, however, decide further education on their own--often combined with work--is a natural extension of their earlier homeschooling experience.


 
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