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CA HS Laws

California State Laws
Governing Home Schooling
Home School Statutes:
There are no statutes in California at this time dealing specifically and exclusively with private home education.
Compulsory Attendance:
Compulsory attendance in public schools is required for all pupils from the age of 6 years until the age of 18 years [E.C. 48200, 48400, et al.], with special provisions for 16 to 18 year olds [E.C. 48410], and with the legal alternatives provided by the following four exemptions.
Alternative Statutes Allowing for Home Schools:
1) Home educators may establish a private school, based in their home, and file a private school affidavit with the Superintendent of Public Instruction of California (normally between October 1 stand 15th every school year). [E.C. 48222 and 33190] Under this provision, which applies to all private schools: 2) Home schooling parents may enroll their children in a private school satellite program which has filed a private school affidavit with the Superintendent of Public Instruction of California [same legal exemption and requirements as #1 above]. These satellite schools are often called ISPs (independent study programs). They may be composed entirely of home educators or be an extension program of a campus-based private school. There is technically no more or no less legal protection or covering in our current Education Codes [E.C. 33190 & 48222] for either options (1) or (2)above. Recent legal contacts and legal action have involved both kinds of arrangements. Both of these arrangements are legal but both are repeatedly challenged legally. In some areas and cases, you may be less likely to be contacted and/or legally challenged if you are in an ISP-type program. For both options (1) and (2), parents should properly state that their children are enrolled in a private school when communicating with school or other officials. Families enrolled in Out-of-State schools/programs are still required by state law to be enrolled in a California private school (single-based or satellite/ISP) with a California address for its location. It is unnecessary and unwise to voluntarily mention enrollment in out-of-state schools/programs. It is not illegal in California to be enrolled in an out-of-state program, as long as it is represented as a source of curriculum and/or services and not as a means of legal compliance. Public school pupil records (called cum files) should be sent for but not by an out-of-state program.
3) A home schooling parent with a valid California teacher's credential for the grades and subjects taught may be exempted under the private tutorial exemption. [E.C. 48224]
4) The home-schooled pupil may enroll in a public school independent study program (ISP) [E.C. 51745] if available in your school district or county. In this education program, the home-schooling family is totally under the authority of the public schools. This is not an endorsement of this option. This is a parent's choice. There are several problems with enrollment in public school home study programs (ISPs).
Teacher Qualifications:
None, if home school registers as a private school, or enrolls in an independent study program with a private school. Certification is necessary only if the home school parent chooses to qualify as a private tutor.
Standardized Tests:
Not required by statute.
Legal Problems:
According to both the U.S. Constitution and California statutes, home-based private education is legal. However, there continue to be challenges which are a potential direct threat to any home educator in California. These challenges are based on erroneous charges of either truancy or child abuse/neglect:
1) Charge of Truancy - an Infraction (not a misdemeanor orfelony). [CA E.C. 48220, et al.] This charge is used more than 95% of the time in legal challenges to home education in California.
2) Charge of Child Abuse/Neglect - rare, but can involve temporary or permanent loss of custody of children.
Summary of the Law
The California Education Code says in Section 48200, "Allchildren between the ages of 6 and 16 must attend a public full-time day school unless otherwise exempted." This includes home educated children. In addition, Section 48400 says all persons 16-18 years old not otherwise exempted must attend school for "notless than four 60-minute hours per week for the regularly established annual school term." According to the California State Department of education, quoted in a 1988 memo from the Office of Guidance Support Services, there are three options available to parents who want to teach their children at home:
Private Tutoring
Private Tutoring done by a California credentialed teacher. The credential must be for the appropriate grade level and teaching must be in the courses of study required in the public schools. Tutoring must be done for at least three hours a day for at least 175 days per year. No affidavit is required of the tutor. (Section 48224: Students being taught under this provision are legally exempted from compulsory attendance at public schools.)
Independent study through the local public school.
The student must be enrolled in the public school and work under a written agreement that specifies minimum requirements. This program is developed through the local school district. (Section 51745) Or the student can be enrolled in an independent study with a local private school. (Title 5 Sections 11700-11703 of the Administration Code.)
Private School Enrollment
"The law does not set any minimum standards for private schools with regard to facility, number of students, or credential of persons teaching in such schools. The law requires private schools to file a Private School Affidavit with the State Department of Education disclosing certain information." "This affidavit is intended solely to register private schools for statistical reporting purposes, and is not a license or approval to operate a private school or to teach at home." (Section 48222) Students being taught under this provision are legally exempted from compulsory attendance at public schools.
Courses Required to be Taught
in Private Schools
State of California Education Code Section 51210
Grades 1 - 6
English - speaking, reading, listening, spelling, handwriting, composition, and knowledge and appreciation for literature and language.
Mathematics - concepts, operational skills, and problem solving.
Science - biological and physical aspects, with emphasis on the processes of experimental inquiry and on man's place in ecological systems.
Fine Arts - instruction in art and music, aimed at the development of aesthetic appreciation and the skills of creative expression.
Physical Education - physical activities conducive to the health and vigor of body and mind, for at least 200 minutes each 10 school days.
Health - principle and practices of individual, family and community health and including effects of alcohol, narcotics, drugs, and tobacco.
Social Sciences - anthropology, economics, geography, history, political science, psychology, and sociology to fit the maturity of the pupils; foundation for understanding history, resources, development, and government of California, and the United States; American economic system, including entrepreneurs and labor; man's relations to his human and natural environment; eastern and western cultures and civilizations; contemporary issues.
Grades 7 - 12
(in addition to requirements for Grades 1 - 6)
Social Sciences - American legal system, operation of juvenile and adult criminal justice systems, rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; human rights issues, with attention to the inhumanity of genocide.
Science - emphasis on basic concepts, theories, and processes of scientific investigation and on man's place in the ecological system, and interrelation and interdependence of the sciences.
Foreign Language - to begin at 7th Grade, understanding, speaking, reading and writing the particular language.
Fine Arts - add drama and skills of creative expression.
Applied Arts - consumer and homemaking education, industrial arts, general business education, or general agriculture.
Vocational - Technical Education - preparing youth for gainful employment.
Automobile Driver Education - including motorcycle safety.
High School Graduation Requirements
[E.C. 51225.3]
English - 3 courses
Mathematics - 2 courses
Science - 2 courses, including biological and physical sciences
Social Studies - 3 courses including U.S. History & Geography, world history, culture & geography and one semester of American Government and civics, and one semester of economics.
Visual or Performing Arts - 1 course, may substitute for foreign language
Foreign Language - 1 course, may substitute visual or performing arts or American Sign Language.
Physical Education - 2 courses, unless exempted
Required of all students in all grades in addition to the above - the role in history of: men/women black Americans, American Indians, Indians, Mexicans, Asians, Pacific Island people, and other ethnic groups. Wise use of natural resources and protection of personal and public safety. Accident prevention, emergency first aid, hemorrhage control, treatment for poisoning, resuscitation, fire prevention.
The Education Code
CA Ed. Code 48222
...shall offer instruction in the several branches of studyrequired to be taught in the public schools of the state...
CA Ed. Code 51220 - Areas of study: grades 7 - 12
The adopted course of study for grades 7 to 12, inclusive, shall offer courses in the following areas of study:
a) ENGLISH, including knowledge of and appreciation for literature, language, and composition and the skills of reading, listening, and speaking.
b) SOCIAL SCIENCES, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; the development of the American economic system including the role of the entrepreneur and labor; man's relations to his human and natural environment; eastern and western cultures and civilizations; human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and theHolocaust, and contemporary issues.
c) FOREIGN LANGUAGE or languages, beginning not later than grade 7, designed to develop a facility for understanding, speaking, reading, and writing the particular language.
d) PHYSICAL EDUCATION, with emphasis given to physical activities that are conducive to health and to vigor of body and mind.
e) SCIENCE, including the physical and biological aspects,with emphasis on basic concepts, theories, and processes of scientific investigation and on man's place in the ecological systems, and with appropriate applications of the interrelation and interdependence of the sciences.
f) MATHEMATICS, including instruction designed to develop mathematical understandings, operational skills, and insight into problem-solving procedures.
g) FINE ARTS, including art, music, or drama, with emphasis upon development of aesthetic appreciation and the skills of creative expression.
h) APPLIED ARTS, including instruction in the areas of consumer and homemaking education, industrial arts, general business education, or general agriculture.
i) VOCATIONAL-TECHNICAL EDUCATION designed and conducted for the purpose of preparing youth for gainful employment in the occupations and in the numbers that are appropriate to the man power needs of the state and the community served and relevant to the career desires and needs of the pupils.
j) AUTOMOBILE DRIVER EDUCATION, designed to develop a knowledge of the provisions of the Vehicle Code and other laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness and consequences of traffic accidents, and to develop the knowledge and attitudes necessary for the safe operation of motor vehicles. A course in automobile driver education shall include education in the safe operation of motorcycles.
k) Other studies as may be prescribed by the governing board.
CA Ed. Code 51220.5 (c) & (e)
Commencing with the 1994©1995 school year, the adopted course of study for grade 7 or 8 shall include the equivalent of a one-semester course in PARENTING SKILLS and education... with content designed to develop a knowledge of topics including, but not limited to, all of the following: This section is not intended to replace existing courses that accomplish the intent of this section. School districts may meet the requirements of this section with existing courses of study offered in any of grades 6 to 9, inclusive, that includes the course contents identified...
CA Ed. Code 51220.1
In addition to the requirements specified in subdivision (j)of Section 51220, automobile driver education shall be designed to develop a knowledge of the dangers involved in consuming alcohol or drugs in connection with the operation of a motor vehicle.
CA Ed. Code 51221
Instruction required by subdivision (b) of Section 51220 in the area of study of social sciences shall also provide a foundation for understanding the wise use of natural resources.