I received a frantic phone call about homeschooling this
morning. Now, frantic telephone calls about homeschooling are
nothing new. Most of them, over the years, have been of the
”
I want to homeschool my child, and I don’t know how to do it
”
variety.
I received a frantic phone call about homeschooling this morning. Now, frantic telephone calls about homeschooling are nothing new. Most of them, over the years, have been of the “I want to homeschool my child, and I don’t know how to do it” variety. Some have been topic specific: “My 5-year-old isn’t reading yet,” “My 11-year-old hates writing.”
In past years, many callers tended to ask, simply, “Is homeschooling legal?” And my past response was to say, “I am not a lawyer, and nothing I say should be construed as legal advice. However, there are, in fact, three ways to homeschool legally in California, and this is how to do it….”
This year, for the first time in my homeschooling career, I have stumbled over three people who were homeschooling, and who had no idea in the world that there were any legal formalities that they should have gone through before pulling their kids out or failing to enroll them.
One of these women was a frequent Park Day attendee, and I was simultaneously appalled and ashamed that we, South Valley Homeschoolers Association, had so dropped the ball that we had a member who was, all in innocence, violating the compulsory attendance laws.
It is as though homeschooling has become so publicized as an educational alternative that people assume that one can keep a 7-year-old out of school with no more fuss than one would exert in keeping a 2-year-old out.
However, in California, there are certain laws called compulsory attendance laws. They say that every child between the ages of 6 and 18 must attend public school, unless….
Homeschooling, in California, comes under the “unless” clause.
Now, I am not a lawyer, and nothing I say should be construed as legal advice. However, in California, there are three ways to exempt one’s child from state compulsory schooling laws.
One can hire a credentialed teacher to tutor one’s child, the so-called Hollywood exemption. One can enroll the child in a public or private Independent Studies Program (ISP). Or one can file an R-4 affidavit, in effect opening a private school in one’s home.
Few homeschoolers can afford a private full-time credentialed tutor, even if we wanted one, which we don’t. If one joins a private ISP, one abides by its requirements, which may prove onerous, or may be a Godsend. If one joins a public school ISP, the child is, legally speaking, a public school student, entitled to all the benefits and subject to all the bureaucratic inanities that apply.
Many homeschoolers begin in an ISP, public or private. Many public school ISP homeschoolers either go back to school or switch to an R-4 exemption. Most California homeschoolers file an R-4 affidavit, which can be done online at www.cde.ca.gov/sp/ps/rq. Be sure to print out two copies, one for your records and one to send via certified mail to the Department of Education.
Operating under an R-4 requires some record keeping. Specifically, the private school is required to keep:
1) a copy of the R-4 affidavit,
2) an attendance register, indicating clearly every absence of a half-day or more,
3) the course of study offered,
4) a list of names, addresses, and educational qualifications of the faculty.
The last item is simple: write down your name, your spouse’s name, your addresses and your respective educational qualifications.
The third item is not much harder, because the Department of Education tells you what you must offer. So, for grades 1 through 6, write:
Course of Study – English, math, science, health, social science, fine arts, physical education.
After your children turn 12, add foreign language and applied arts
When they begin driver’s training, add that.
Keeping the attendance register need not be a burdensome chore. I keep a simple attendance chart for each child.
In short, the filing and record keeping requirements are easy to comply with, which frees one to actually teach the several branches.
Finally, many homeschoolers, our family included, find that subscribing to the Home School Legal Defense Association, (540) 338-5600, is a worthwhile investment. Quality legal defense should one’s right to homeschool be questioned: $100. Peace of mind: priceless.
