California is widely considered one of the most flexible states for homeschooling in the country. Because California law does not contain a specific ‘homeschool’ statute, families educate their children at home by functioning as a small private school. This guide provides a comprehensive overview of the legal pathways, responsibilities, and steps required to homeschool in the Golden State.

The Legal Landscape

In California, all children between the ages of 6 and 18 must attend a public full-time day school unless they are exempted under specific provisions of the California Education Code. Homeschoolers typically gain exemption by being enrolled in a private school. In the landmark 2008 case Jonathan L. v. Superior Court, the California Court of Appeal confirmed that parents have the right to homeschool by filing a Private School Affidavit, provided the teachers (parents) are ‘capable of teaching.’

Four Legal Pathways to Homeschool

1. The Private School Affidavit (PSA)

This is the most common method for homeschooling in California. By filing a PSA, you are essentially establishing your own home-based private school.

• Filing: You must file an electronic affidavit with the California Department of Education (CDE) annually between October 1 and October 15. If you begin homeschooling mid-year, you file the affidavit at that time.
• Oversight: There is no government approval required. You are responsible for your own curriculum, record-keeping, and graduation requirements.
• Teacher Qualifications: Parents must be ‘personally capable of teaching.’ No teaching credential is required.

2. Private School Satellite Program (PSP)

A PSP (often called an ‘umbrella school’) is a private school that has filed a PSA on behalf of all its enrolled students.

• Administration: The PSP handles the state filings and maintains the required records for you.
• Support: Many PSPs offer curriculum guidance, social activities, and transcript preparation. This is a popular option for families who want more structure and community support without public school oversight.

3. Private Tutor

If you have or hire a teacher with a valid California teaching credential for the grade level being taught, you can homeschool under the ‘Private Tutor’ exemption.

• Requirements: Instruction must be provided for at least 175 days a year, for at least three hours a day, between 8:00 AM and 4:00 PM.
• Subjects: Must include the branches of study required in public schools.

4. Public School Independent Study (Charter Schools)

While legally considered public schooling rather than ‘private homeschooling,’ many California families use public charter schools that offer independent study programs.

• Funding: These programs often provide a ‘student instructional budget’ that can be used for curriculum, classes, and extracurriculars.
• Oversight: Students must meet with a credentialed teacher regularly and participate in state-mandated testing (SBAC). The curriculum must align with state standards.

Mandatory Record-Keeping

Regardless of the private pathway chosen (PSA or PSP), California law (Cal. Ed. Code § 33190) requires you to maintain the following records and make them available for inspection by the Superintendent of Public Instruction upon request:

1. Attendance Records: A simple log showing which days the student was ‘in school.’
2. Faculty Information: A record of the names and addresses of the instructors and a brief statement of their qualifications.
3. Course of Study: A description of the subjects taught at each grade level.
4. Criminal Records Summary: For any person who has contact with the students (though there are exemptions for parents teaching their own children).

Required Subjects

Private schools are required to provide instruction in the ‘several branches of study required to be taught in the public schools of the state’ (Cal. Ed. Code § 48222). These generally include:

• English (language arts, reading, writing)
• Mathematics
• Social Sciences
• Science
• Fine Arts
• Health and Physical Education
• For older students: Foreign language, applied arts, and driver education.

Testing and Assessment

California does not require private school students (including those under a PSA or PSP) to participate in standardized testing. Families are free to choose their own assessment methods to track their child’s progress. If you are enrolled in a public charter school, state testing is usually mandatory.

Step-by-Step Compliance Guide

1. Withdraw from Current School: If your child is currently in public school, send a formal letter of withdrawal to the principal. This prevents truancy issues.
2. File the Private School Affidavit: If you are choosing the PSA pathway, go to the California Department of Education website between October 1–15 and complete the online form.
3. Create a School File: Set up a folder or binder to keep your attendance records, course of study, and teacher qualifications.
4. Instruction: Begin your educational program. Ensure you are teaching the subjects required by state law, but feel free to tailor the curriculum to your child’s needs.
5. Maintain Records: Update your attendance records regularly throughout the school year.

ESA and School Choice

California does not currently have an Education Savings Account (ESA) or voucher program that allows public funds to be used for private school tuition or homeschooling expenses. The only way to receive public funding for home-based education is to enroll in a public charter school’s independent study program, which comes with increased state oversight.

Official Resources

• California Department of Education - Homeschooling
• California Education Code Section 33190
• HSLDA California Page