Home education legalities in general and affidavit filing specifically are replete with details that change almost annually. Some government officials attempt to make requests and demands of home educators that do not comply with the law. The following sections summarize home education law; discuss whether to establish a private school at home, explain in detail how to fill out and file a Private School Affidavit (R-4), and answer the most frequently asked questions about this process.

The fundamental right of parents to direct the education and upbringing of their children is guaranteed by the First, Ninth, and Fourteenth Amendments to the Constitution of the United States. This right has been upheld by the courts over the years. While it is not necessary to know all the cases, the better that parents understand their fundamental rights, the less likely it is that they will be deprived of those rights.

Along with at least a general understanding of parents’ Constitutional right to direct the education and upbringing of their children, it is important to understand the hierarchy of laws in the United States. Since the U.S. Constitution is the highest law, all lesser laws must be consistent with the Constitution or they risk being declared invalid. Thus, since the Constitution guarantees the right to raise one’s children, no state or local law may deny that right.

In California, there is no legally-defined entity known as a "homeschool." Instead of having a separate “homeschool” law, California is one of 12 states in which homeschoolers operate as private schools. Private schools can be legally established and operate in the home just as some private schools operate on a campus.  Thus, in order to be consistent with the law of our state, do not use the term "homeschool" with public school officials; rather, refer to your private homeschool as simply a “private school.”

Thus, the general rule is that children between ages 6 and 18 must attend public school. However, remember that the law provides exemptions from this rule. While there are other exemptions, each of the four options below applies to homeschoolers.

Option 2: Enroll in an independent study program offered by an existing private school. The private school offering an independent study program must meet the same legal exemption and requirements as Option 1. Such independent study programs (ISPs)  may be composed entirely of home educators or be an extension program of a campus-based private school.
There is no more or no less legal protection or covering in our current education codes for either option 1 or 2.

Families enrolled in out-of-state schools or programs are still required by state law to be enrolled in a California private school (home-based or ISP) with a California address for its location. It is unwise and unnecessary to voluntarily mention enrollment in out-of-state schools or 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 or services and not as a means of legal compliance with the compulsory attendance law. 

Option 3: Arrange for 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. Private school enrollment isn't required for the use of a tutor. (E.C. § 48224)

Option 4: Enroll in a charter school or independent study through the public school. The student must be enrolled in the public school and work under a written agreement that specifies minimum requirements. Families who choose this option are totally under the authority of the public school, since their children are enrolled in the public school.  For more details see the section on charter schools and public schools in the appendix.

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Neither the State Department of Education, nor any county or local public school districts, have jurisdiction over the establishment or operation of private elementary and secondary schools.

Before looking at the requirements, consider a few items that are not required:  

School building – There is no requirement that schools must have a particular type of building, although schools which have more than 50 students or more than one classroom must meet certain safety requirements. So there is no restriction on establishing a small private school in your own home.

School equipment – There are no requirements related to school equipment such as desks, chalkboards, number of books, etc. Each school is free to determine what equipment is used in its programs.

Number of school days –There are no required number of days per year in private schools. Public schools are required by the state to offer instruction 175 days per year, with funding provided for up to 180 days. Most districts therefore require 180 days. While not legally required, it is wise for home-based private schools to operate 180 days per year. Days of excused absence are traditionally included in the 180-day total, so if you or your child are sick during the school year, you don’t need to make up those days during the summer.

Number of hours – There is no required number of hours per school day for private schools. Public schools must operate a minimum of three hours and twenty minutes for grades 1-3, and four hours for grades 4-12; however, there are multiple exceptions which allow for minimum days of as low as two and a half hours, excluding recesses. While these requirements do not apply to private schools, it is probably wisest to plan for at least three hours for the lower grades and four for the upper grades. Remember, though, that home economics, independent study time, reading, discussion time, field trips, and activities can all be included in school time.

1. A Private School Affidavit must be filed by the school's administrator with the California Superintendent of Public Instruction between October 1 and 15 of each year.
2. The instructors must be "capable of teaching." There is no definition of "capable of teaching" and no requirement in the education code for a teacher in a private school to hold a state teaching credential or to have equivalent training. Thus, it is the private school administrators who determine if teachers in the school are capable of teaching.
3. The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each teacher must be kept on file.
4. Instruction must be taught in English, although there are exceptions for students whose first language is not English.
5. Instruction must be offered "in the several branches of study required to be taught in the public schools." For grades 1-6, the required branches of study are English, mathematics, social sciences, science, visual and performing arts, health, and physical education. For grades 7-12, the required branches are the same as those for grades 1-6, plus foreign language, applied arts, and career-technical education. 
6. The courses of study offered by the institution shall be kept on file. This could be as simple as a just a list of the subjects in item five.
7. Attendance records of each enrolled student must be kept in a register indicating every absence of a half day or more.
8. There are two categories of Health and Safety Code (H.S.C.) regulations which concern all schools in California, whether public or private. They are  (A) health records which must be kept in each student's individual records (either cum file or separate health file) and which must be transferred with the student to any new school, and (B) health reports which the school is legally required to complete if received. These are explained in detail below. The Department of Health has authority to inspect these health records, but other pupil information is confidential.
   

A.  Health records to be kept on file for each student

All children under 18 years old entering a California public or private school for the first time, or transferring between schools, must present a written immunization record including at least the month and year of receipt of each dose of required vaccine (or an exemption to the immunization requirements).
Immunizations are required for the following diseases: diphtheria, hepatitis B, haemophilus influenzae type b, measles, mumps, pertussis (whooping cough), poliomyelitis, rubella, tetanus and varicella (chickenpox). Mumps and pertussis immunizations are not required for children seven years or older. (Contact your local county health department for more specific information on requirements relating to the number of doses and age requirements. In some cases, the precise date of vaccination is required. Some counties now also require a tuberculosis skin test for students entering school at specific grade levels.) 
Parents may exempt their children temporarily or permanently, from all vaccines. The back side of the form (Form PM 286) contains exemption for either medical reasons or because of personal beliefs against immunization.
Either the record of immunizations or the exemption must be on file within 30 days of the beginning of first grade or within 30 days of enrollment of any other grade level student. This record is sent to a new school if the student ever transfers. The PM 286 is available online at www.cdph.ca.gov/pubsforms/forms/Documents/DCDC-Immuniz/pm286b.pdf. It is typically printed on blue cardstock.

Health Examination Record (Form PM 171A or B)

A health examination for each child is provided for in H.S.C. 124040. Students may either be examined by a doctor prior to their entry into school, or their parents may waive the examination requirement.
Either the "Report of Health Examination for School Entry" (Form PM 171A) which is available online at www.dhcs.ca.gov/formsandpubs/forms/Forms/ChildMedSvcForms/pm171a(bi).pdf  or the "Waiver of Health Check-up for School Entry" (Form PM 171B), available at www.dhcs.ca.gov/formsandpubs/forms/Forms/ChildMedSvcForms/pm171b(bi).pdf must be kept for each student.

For all health department reports, send in only the actual report form; do not send in any worksheets or names of students. Any worksheets sent to you are only for your use in preparing the forms only. These reports are not sent to all private schools every year. If you do not receive one, you are not required to make the report.

Annual Seventh Grade Immunization Reports

On July 1, 1999, a law went into effect, requiring each student entering seventh grade to have either a hepatitis B vaccination (HSC 120335(c)) or a documented waiver stating that the immunization is contrary to his or her beliefs (HSC 120365).
Private school administrators (including private home-based schools) could receive a letter from California's Department of Health Services (DHS) requesting that the administrator complete a form to report on the immunization status of all seventh grade students in their schools.  The information requested by DHS is the total number of students entering seventh grade and a tally of those students who have had the required immunizations, are exempt based on medical reasons or on personal beliefs, or who have neither had immunizations nor signed exemption waivers and therefore need further follow-up. If you receive this report, make every effort to have no students reported as needing a follow-up on their vaccinations.

Immunization Assessment of Kindergarten Students (Form PM 236)

Schools which enroll students in kindergarten are required by state law to submit a completed school Summary Sheet (Form PM 236) of the annual "Immunization Assessment of Kindergarten Students" by October 20th of each year (H.S.C. 3389). If you receive this form in the mail from the State Department of Health Services and if your private school affidavit indicates that you have enrolled kindergarten students, then complete and send in the PM 236 form, including only a tally of the number of immunization verifications.
Since kindergarten is not compulsory, the recommendation is that you avoid dealing with the PM 236 report by waiting until your child is six years old and enrolling directly into the first grade. If you do not have kindergartners listed on your private school affidavit, then you do not have to complete report Form PM 236.

Health Department Selective Reviews of Immunization Records

The State Department of Health Services audits some schools each year to review immunization records. These audits are typically handled through the county health departments. Schools are chosen randomly to provide a sampling of the population, by which the department of health services can determine the success of its immunization programs and determine the need for future programs.
To date, the only home-based private schools of which we are aware that have been audited by the Department of Health Services have been ISPs composed of many families. However, there is nothing in the law which would preclude the auditing of smaller schools, even those with only one family.
If your county health department notifies you that they want to inspect your students' health records, ask if you may bring the records in for an appointment at the county office. Bring only the immunization records with you, leaving the students' other records at home. Ask the official to review them while you wait, rather than leaving the records with him. If you are a member of HSLDA, call them before you set up an appointment to see if there are any new recommendations

Child Health and Disability Prevention (CHDP) Program Report

The Health & Safety Code requires every private school to respond to the CHDP program report form, if you receive one in the mail, by January 15 of each year. Information requested on the form includes the total number of children enrolled in first grade, and the number of children who have had a health screening examination or who have a signed waiver. If you have no first graders enrolled, indicate on the form that you have no first graders.

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The State of California does not require teachers to be state certified to teach in private schools. Therefore, listing teaching credentials or college degrees is not mandatory. In preparing a document that outlines your qualifications as a teacher, you will, once again, clarify your thinking by writing your philosophy of education.  You should begin to think of yourself as an educator. The number one qualification is the fact that you are the parent. Do not be intimidated if you are not a state certified teacher.  Nearly all parents are capable to teach their own children. Be creative, but be honest.  Put down any schooling, high school graduation and above.  Include work experience, skills, hobbies, interests, and any personal information that adds to your qualifications to teach such as a love of traveling and adventure, an inquiring mind, or love of reading, etc. Other qualifications can be leader of youth organizations, church school teacher, and attendance at educational conferences. CHEA of California holds such conferences twice a year.  (The schools call this In-Service Training.)

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“It is the policy of the state to insure the mastery of English by all pupils in the schools; provided that bilingual instruction may be offered in those situations when such instruction is educationally advantageous to the pupils. Bilingual instruction is authorized to the extent that it does not interfere with the systematic, sequential, and regular instruction of all pupils in the English language.”  

The general rule for non-English-speaking families is this: If the parents or child do not speak English, the private school instruction may be in the family's native language. However, there must also be instruction in English, with a goal of bringing the student to proficiency in English. Based on this requirement, families who do not speak English can learn together as part of the regular instruction. In other words, it would be appropriate for the family to use materials for most subjects in the language they speak, and then to use a program for learning English as a separate class until the English language is mastered.

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