How homeschooling works legally in California: three paths, explained

Parents who search “how to homeschool in California” often expect to find a single homeschool form or registration office. The legal picture is different. California’s compulsory education law lists exemptions from public school attendance, and families who teach their children at home generally fit themselves into one of those exemptions or into a public program.

The annual filing window for one of them, the private school affidavit, ran Oct. 1 to 15. With that date just behind us, here is a plain-language walk through the three main legal paths and what the law actually says about each.

Path 1: Run a private school

Many California homeschooling families operate legally as a small private school, often with their own children as the only students.

Two code sections do the work. Education Code Section 48222 exempts children “being instructed in a private full-time day school by persons capable of teaching.” The school must teach in English (with limited exceptions), offer the “several branches of study” taught in public schools and keep an attendance register that notes every absence of a half day or more.

The exemption is valid only after the local attendance supervisor verifies that the school has filed the annual statement required by Section 33190. That statement, filed under penalty of perjury with the state superintendent between Oct. 1 and Oct. 15 each year, must include:

• The names the school operates under and its addresses.
• Where records are kept and who keeps them.
• Names and addresses of directors and principal officers.
• Enrollment by grade, number of teachers and whether the school is coeducational or has boarding.
• A statement that attendance records, courses of study and faculty names, addresses and qualifications are kept on file.
• A statement that criminal record summary information has been obtained under Section 44237.

Two points surprise many parents. First, the filing is not an approval. The law says it is unlawful for a school to suggest that the state has evaluated, approved or endorsed it unless that is actually true. Second, the superintendent must publish a list of private schools that includes each school’s name, address and owner or administrator. Families filing from home should know their information may appear on that list.

Path 2: Use a credentialed tutor

Section 48224 exempts children taught by a private tutor. The requirements are specific:

• Instruction for at least three hours a day, 175 days each calendar year.
• Instruction between 8 a.m. and 4 p.m.
• The required public school subjects, taught in English.
• The tutor must hold a valid state credential for the grade taught.

This route works for families with a credentialed parent or the means to hire one. The credential requirement rules it out for many others.

Path 3: Stay public through independent study

Families can also keep their children enrolled in a public school or charter school that offers independent study. Under Section 51745, a local educational agency may offer independent study, and the law lists uses such as individualized study and study during travel. Students in this setting remain public school students, which brings public curriculum, testing and oversight. Students with disabilities may participate when their IEP provides for it, and no course required for graduation can be offered only through independent study.

Choosing a path

Each option trades flexibility for structure. The affidavit route gives parents the most control but makes them responsible for records. The tutor route is narrow. Independent study offers public resources but less independence.

Families who start home instruction after mid-October should contact the California Department of Education or their county office about filing timelines before relying on the affidavit route.