Notice
No information presented on this page or on this site constitutes legal advice. Information that pertains to legal issues should be verified and evaluated independently to determine whether the information is accurate.
No information presented on this page or on this site constitutes legal advice. Information that pertains to legal issues should be verified and evaluated independently to determine whether the information is accurate.
The following information is compiled from Home Educator's Almanac (September 1993) and from California Home Schooler (September 1993, vol. 1, no. 5).
Home Educators may establish a private school based in the home by filing a private school R-4 affidavit. Filing an R-4 affidavit establishes a homeschool as a private school.
Deadlines
The annual deadline for filing an R-4 affidavit is October 15, however a private school can be established and an affidavit filed any time during the school year.
Rules & Regs
The California Education Code requires that such schools use capable teachers who must teach in English. Instruction must be in the several branches of study required in the public school (e.g. for grades 1-6: English, Mathematics, Social Sciences, Science, Fine Arts, Health, and Physical Education). Certain pupil and school records, such as attendance and immunization records, must be kept on file. The county sends a packet summarizing relevant state laws, including courses of study.
If you plan to file an R-4 affidavit, familiarize yourself with the relevant statutes. Many libraries carry state statute books; several sections are quoted later in this document.
How
To request an R-4 affidavit in Alameda County contact:
Alameda County Office of Education 313 W. Winton Ave. Hayward, CA 94541 (510) 670-4151To request an R-4 affidavit in Santa Clara County contact:
Santa Clara County Office of Education 100 Skyport Drive San Jose, CA 95115 (408) 453-6688The R-4 affidavit is a public document and may not be withheld from you, although some officials in a few counties sometimes try to do so. If your local county office of education refuses to accept the completed form or is being uncooperative for whatever reason, you can file directly with:
California State Department of Education Attn: Ron Reid 721 Capital Mall Sacramento, CA 95814 (916) 657-2451
Parents may enroll their children in the satellite program of a private school which has filed for a Private School R-4 affidavit. This is called a Private Independent Study Program (ISP). They may be composed entirely of home educators or be an extension program of a campus-based private school. Many, but not all, are Christian-oriented.
How
Contact the private schools which have ISP's directly; some are listed here.
Parents may educate their children at home by enrolling them in a Public School Independent Study Program (ISP) [Ed. Code 51745]. Children enrolled in public school ISPs become public school students, subject to the rules and regulations of both the district and the state. The school receives full state education funds for these students. The parent is considered a teacher's aide under the supervision of the program resource teacher.
How
Contact your local school district. If your local district doesn't offer home study, or their program doesn't meet your needs, you can request an inter-district transfer to a program within your county or an immediately-adjacent county. Such transfers are not automatically granted, but are at the discretion of your local school district administrator.
Some area programs are listed here.
A homeschooling parent with a valid California teacher's credential for the grades and subjects taught may be exempted from having to send their children to public school under the private tutorial exemption. See Ed. Code 48224.
Many first-time home educators choose this method of homeschooling. Entire pre-packaged grade-level curriculae can be purchased with various support options Separate study programs for specific subject areas are also available. Fees start at around $400 per year per family.
How
Correspondence school programs are still not yet recognized as being in compliance with the California State Educational Code. Children enrolled in these out-of-state programs are still required by state law to be enrolled in a California school with a California address; therefore, if you choose this option you still must file an R-4 Affidavit or enroll in a private ISP.
Some programs are listed here.
$$$ Link to Correspondence schools resources on resources page
The complete California Education Code is available from the California Legislative Information website and in many public libraries. Below are links to some of the sections of the Code that are of immediate relevance to homeschooling.
Title 2 (Elementary and Secondary Education), Division 2 (State Administration), Part 20 (State Educational Agencies), Chapter 2 (Superintendent of Public Instruction), Article 5 (Verification of Private School Instruction).
Section 33190 is the section governing the submission of the “R-4” private school affidavit.
Title 2 (Elementary and Secondary Education), Division 4 (Instruction and Services), Part 27 (Pupils), Chapter 2 (Compulsory Education Law), Article 3 (Pupils Exempt).
Section 48222 defines the exemption from compulsory public school attendance for students attending private schools.
Title 2 (Elementary and Secondary Education), Division 4 (Instruction and Services), Part 27 (Pupils), Chapter 2 (Compulsory Education Law), Article 3 (Pupils Exempt).
Section 48224 defines the exemption from compulsory public school attendance for students receiving private tutoring.
Title 2 (Elementary and Secondary Education), Division 4 (Instruction and Services), Part 28 (General Instructional Programs), Chapter 2 (Required Courses of Study), Article 2 (Course of Study, Grades 1 to 6).
Sections 51210 through 51212 define the course of study required for public school students in grades 1 through 6.
Title 2 (Elementary and Secondary Education), Division 4 (Instruction and Services), Part 28 (General Instructional Programs), Chapter 2 (Required Courses of Study), Article 3 (Course of Study, Grades 7 to 12).
Sections 51220 through 51230 define the course of study required for public school students in grades 7 through 12.
Title 2 (Elementary and Secondary Education), Division 4 (Instruction and Services), Part 28 (General Instructional Programs), Chapter 5 (Authorized Classes and Courses of Instruction), Article 5.5 (Independent Study).
Sections 51745 through 51749.3 define the course of study required for public school students in grades 7 through 12.
The following information is condensed from an information sheet with the above name, published by HomeSchool Association of California (HSC), formerly NCHA (Northern California Homeschool Association). Please see the original Dealing with Contacts by School Officials info sheet or contact HSC for more complete information.
Preventive Medicine:
If a School Official Contacts You:
Homeschoolers are divided about this issue. Since homeschooling is legal in California, many homeschoolers feel that as long as you are familiar with and complying with the laws which pertain to homeschooling, you should be able to fend off any challenges by school officials yourself. Some counties which are unfriendly toward homeschooling may try intimidation tactics, but for the most part they have neither the time nor the funds to follow through with anything more substantial than a letter or a visit. You stand a much greater chance of being contacted by school officials than of being prosecuted. Most of these encounters can be resolved by yourself, perhaps with assistance from more knowledgeable and experienced homeschoolers in your support group or state homeschooling organization.
However, since homeschooling is still not completely well-accepted by all State and local officials, the possibility does exist that you may be challenged. If you do not feel comfortable handling these challenges yourself, or if you feel that your community is hostile toward homeschooling, you may consider either lining up a lawyer who is experienced in educational law or purchasing legal defense insurance. The main organization which provides this service is HSLDA. This is a conservative Christian organization (although one does not have to be Christian to be covered by their insurance) which is becoming increasingly powerful and which does quite a bit to promote its own far-right politics. However, they also have a better track record than any other organization for defending homeschoolers against any legal procedings. If you are not uncomfortable with the HSLDA philosophy, you may consider this insurance. For $100/year they cover all legal expenses. When choosing any type of legal protection, be sure to ask about the organization’s track record and experience in homeschooling matters.