California Home-Based Private School

California Homeschool Law - Homeschool State Laws


Turn Your Home Into A California Home-Based Private School

Notify The State and Your Child’s School

Parents who choose to turn their home into a California Home-Based Private School must file an affidavit with the Superintendent of Public Instruction between October 1st and October 15th. This affidavit must be filed every year that your home operates as a private school.

NOTE: If you have specific questions about filing your affidavit I would suggest you read through HSLDA’s detailed instructions on filing an affidavit.

NOTE: If you choose to begin homeschooling at a random time within the school year then ignore the filing date of October 1st-15th and send in your affidavit right away.

(see legal reference #1)


In order to operate as a California Home-Based Private School a parent must simply be “a person capable of teaching”. The state of California can not regulate what qualifies a parent to be a capable teacher. If you feel you are capable of teaching than you qualify.

NOTE: The affidavit form will not ask for any specific teacher qualification information.

California Private School “employees” are required to submit their fingerprints for a criminal background check when they apply to work at a private school. However if you are the parent or legal guardian of the children you are teaching than no background check is necessary.

(see legal references #2 and #3)

Days Of Instruction

The only wording in the California state law regarding specific hours of instruction simply refers to California Home-Based Private School as “full-time day school”. It is up to the parent to decide how many hours count as “full-time” as long as all the other regulations for private schooling at home are met.

Required Subjects

The state requires all California Home-Based Private Schools to offer the following educational subjects, in English, as part of their homeschool curriculum:

For Grades 1-6

  1. English
  2. Mathematics
  3. Social Studies
  4. Science
  5. Visual and Performing Arts
  6. Health
  7. Physical Education

For Grades 7-12

  1. English
  2. Social sciences
  3. Foreign language or languages
  4. Physical education
  5. Science
  6. Mathematics
  7. Fine arts, including art, music, or drama
  8. Applied arts, including instruction in the areas of consumer and homemaking education, industrial arts, general business education, or general agriculture.
  9. Vocational-technical education
  10. Automobile driver education
  11. Other studies as may be prescribed by the governing board (i.e. you the parent).

NOTE: The California Homeschool Network provides a more detailed list (bottom half of the page in this link) of what to teach in each of the subjects above. YOUR CHILD IS NOT REQUIRED TO STUDY ALL OF THESE COURSES.  The states only requires that private schools offer these courses to their students.

(see legal references #4 and #5)

Keep Records

Parents who operate a California Home-Based Private School must keep a record of their child’s attendance. You must also keep record of the subjects you teach and the names, addresses and educational qualifications of any “faculty” (if applicable).

The California Homeschool Network has detailed advice on what records to keep and how to keep them.

(See legal reference #6)


The state does not require California Home-Based Private Schools to test their students.

Legal References

  1. Filing an affidavit: California Education Code 33190.
  2. Private School Teacher Qualification: California Education Code 48222.
  3. Criminal Background Checks for Private School Employees: California Education Code 44237 b(4).
  4. Required Subjects: California Education Code 51210 & California Education Code 51220.
  5. Private School Teaching of Required Subjects: California Education Code 48222.
  6. Record Keeping: California Education Code 48222 and 33190 (f:1-3).

This summary is for informational purposes only and is not given as legal advice. does not endorse any of the links or organizations listed above.

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