Homeschooling in California
Information on this page should not be considered legal advice!
Updated March 9, 2008
The current situation in California March 9, 2008
October 1, 2005
Homeschools are Considered Private Schools!
In 1982 near the beginning of the homeschooling movement, then Superintendent of Education Bill Hoenig wrote a letter giving homeschoolers permission to file the R-4 Private School Affidavit and thus declare your homeschool a private school. This set a legal precedent which has been the basis of homeschooling in California for the past 25 years. There is no such "legal entity" as homeschool in California. So do not use the term homeschool with public or school officials as they do not generally understand what this is. There are twelve states and California is one, where a homeschool functions as a "private school." Homeschoolers conduct education at home rather than on a school campus.
California State Law -The way we've homeschooled for the past 25 years!
In California there are four ways to homeschool. The first option is the preferred choice:
1) Private School by filing the R-4 affidavit. This not asking permission, simply informing the state that you are a private school.
California Education Code Sections: 48222, 48415, 33190, 51210, and 51220
a. You must file R-4 affidavit. (See instructions below.)
b. Instructors must be capable of teaching.
c. Names, addresses of faculty kept on file.
d. Instruction must be given in English.
e. Instruction must be offered "in several branches of study required to be taught in public schools." Materials and curriculum are up to you, but you must teach English, Math, Social studies, Science, Fine arts, Health and Physical education for Grades 1-6. For grades 7-12, the subjects are all of the previous plus Foreign language, Applied arts, Vocational education and Driver education.
f. Attendance is required for ages 6 - 18. (File R-4 affidavit if your child will be 6-years of age on or before December 2.)
g. 175 days of instruction per year, at least three hours per day.
2) Private Independent Study Programs through a private school that files the R-4 affidavit. These are also referred to as umbrellas (such as The Moore Academy or The Sycamore Tree) or a privately run State charter school.
3) Public School Independent Study Programs through your local public school.
4) Taught at home by a Credentialed Teacher/Tutor. Education Code 48224.
Filing an R-4 Affidavit:
This is filed between October 1-15 each year. The R-4 affidavit is available after October 1 at: http://www.cde.ca.gov/sp/ps/rq/. Be sure that you use the form for the current (not the past year!) school year or your affidavit will be rejected.
Here is some additional information:
You are only required to give the information specifically required in EC sec.33190. The online affidavit requests additional information. You only need to give the information marked with asterisk.
The administrators and directors are you and your spouse. Fill in your names in both places however you like. (I.E. John Doe, principle, Mary Doe, administrator and teacher.)
The homeschool is a "coeducational" school and you are a "day only" even though your children live at home.
You can put "religious school, not church affiliated or secular" where they ask for classification.
Even if you are teaching a four or five year old, do not include them in your enrollment number. If you were to include them on your affidavit the CDE would require additional licensing and inspections for private nursery schools, preschools and day care centers, you do not want to go there! Just wait there will be plenty of time to put them on your affidavit. The requirement for school entrance is when a child turns 6 years of age on/before December 2 then include them in your October filing. If after December 2 wait until the following year.
You don't need to be fingerprinted and get criminal background check because you are not a paid employee of the state.
Once the form is completed online, submit and after the certification page appears print out a copy for your records and keep in your Cumulative File.
The California Department of Education will no longer accept affidavits printed from the website, filled in manually and mailed in. You have to file online.
If you begin homeschooling after the filing deadline of October 1-15, file the R-4 affidavit when you begin don't wait until the next October.
Alternative to R-4 Affidavit:
As an alternative to the R-4 affidavit, you can also send a Private School Statement. This statement supplies the information required under Education Codes 33190, 33191 and 44237. A sample statement can be viewed and printed at http://californiahomeschool.net/howTo/sil.htm Some Private School Statements have been challenged by CDE but the CHN lawyers have proven them to be a legal option.
Cumulative Records:
A cumulative record is simply the record of information kept by a school on each student. Get a three-ring binder and dividers. Here are the records you need to keep:
Attendance Records - Simply a record of the days your child is in attendance. You may use a calendar with your child's name, date of birth and your school name or a form found in The AHE Handbook. Record present, absent, sick, holiday, weekend, etc.
Health Records - Keep vaccination records or signed waver for exemption and other health records for your children. You can also keep a photocopy of their birth certificate here.
Course of Study - Include the subjects you intend to study and the books or learning tools you are going to use. See section e. above for the subjects California requires.
Applications and Receipts - Keep a copy of your affidavit application, and any other legal information, receipts from purchasing resources here.
Other - I keep a copy of my Philosophy of Education here. I'm a firm believer in knowing the reason why you are homeschooling and what your goals are. Write out your reasons and feelings using Bible texts to back up your reasons for homeschooling. This keeps you focused and motivated. You will notice in b. above that "Instructors must be capable of teaching." So I keep a list of the books I've read, the magazines and newsletters I subscribe to, the seminars I've attended, etc. to prove my capability for teaching my children at home.
High School Diploma:
The California High School Proficiency Examination (CHSPE) offers high school aged students the opportunity to receive "a Certificate of Proficiency" which according to the Education Code is "...equivalent to a high school diploma..." The CHSPE tests the students' proficiency in basic reading, writing and mathematics skills. Offered in the spring and fall at numerous testing sites on Saturdays with alternative testing available on Sunday with a letter from your pastor accompanying the application. Testing fee is $85. Both of my older children were able to easily pass this test using the Learning Project method of homeschooling. More information, practice tests and application for the CHSPE test can be found at www.chspe.net
Additional practice CHSPE tests can be found at: http://www.testprepreview.com/chspe_practice.htm
Online information:
Visit the best resource California has in regards legal information to homeschooling your children - California Homeschool Network at www.californiahomeschool.net
To read the California Education Code click here www.californiahomeschool.net/howTo/edCode.htm
Unlike a state organization and the legal national organization, there are many who feel that California should have and will eventually have to adopt a homeschool law. This won't happen overnight, during this current session of legislation, or without unity among the many fractions of groups in California. Please make this situation a matter of special prayer. Encourage fellow homeschoolers to do the same, this isn't a time for tempers to flare. Instead, the legislature needs to see homeschoolers as rational, considerate and most of all responsible citizens. My good friend, Kathleen Moore Kordenbrock wrote an editorial California Needs a GOOD Homeschool Law for The Moore Report International.
For more information about HSLDA read www.hsislegal.com
For your information only here is the address: Private School Affidavit, Elementary Education Office, California Department of Education, 1430 N Street, Ste 4401, Sacramento, CA 95814.
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