Homeschooling in California: Complying with the Law in 2009

In Jonathan L. v. Superior Court, 165 Cal.App.4th 1074 (2008) the California Court of Appeal held that homeschooling is legal if the homeschool complies with the requirements for a “private school” found in California Education Code Section 48222. In other words, homeschools are legal in California if, among other things, they are “full-time day schools” and the parent in charge is “capable of teaching.” While the Jonathan L. decision came as a relief to many people, homeschoolers should not expect the judicial focus on them to disappear. Rather, courts may now focus on whether homeschools are complying with Jonathan L. and the Education Code.

This article discusses what Jonathan L.and Education Code Section 48222 require, and how homeschools can meet those requirements. Homeschoolers should note that this article only discusses the minimum requirements under the law. Homeschools must meet other requirements if, for instance, they wish to offer a high school diploma or to employ third parties.

The Requirements of Section 48222

California Education Code Section 48222 imposes six requirements on all private schools and homeschools. First, the school must be a “full-time day school.” Second, the school must keep attendance records. Third, the school must offer “instruction in the several branches of study required” in public schools. Fourth, classes must be taught in English, except in certain limited cases. Fifth, the instructors must be people “capable of teaching.” Sixth, the homeschool must file an affidavit with the Superintendent of Public Instruction pursuant to Education Code Section 33190. The overall theme of Section 48222 thus is the creation of something that “looks” and “feels” like a school – teachers, attendance records, and core subjects – without necessarily forcing homeschoolers to re-create a public education setting.

This article now explains in more detail each of the six requirements found in Section 48222, and ways a homeschool can meet those requirements. Fulfilling these requirements is not difficult, and all records can be kept on regular paper in a three-ring binder that can be updated whenever it is necessary or desirable.

The “Full-Time Day School.”

Section 48222 says that the homeschool must be a “full-time day school,” but does not define that term. Guidance on that term’s meaning therefore comes from other sources. The Court in Jonathan L. noted that “full-time” school is more than three hours of class per day. Jonathan L., p. 24, note 22. Education Code Section 46201(c)(3) also says that California public schools must provide 50,400 minutes of education per year to students in Grades 1 through 3, 54,000 minutes per year to students in Grades 4 through 8, and 64,800 minutes per year to students in Grades 9-12. Assuming 180 days of school per year, the public school minimum is an average of 280 minutes per day for grades 1-3, 300 minutes per day for grades 4-8, and 360 minutes per day for grades 9-12.