Updated March 2024
We recommend visiting the page below for specifics on how to file your private school affidavit (P.S.A.).
When a parent inquires at what age their child is required to begin school, there may be some conflicting answers given. One reason for this could be confusion regarding the birthday cutoff dates for compulsory enrollment.
While you will notice that there is a space on the affidavit for the number of students enrolled in kindergarten, it is important to recognize that kindergarten is not mandatory in California. If you have a child who is younger than compulsory school age (is not age 6 by September 1, 2024 and whom you may consider being at a kindergarten or first grade level), you are not required to enroll him or her in your school or count him or her on your school’s affidavit.
Schools in which kindergarteners are enrolled are routinely contacted by the Health Department to verify immunizations and school entry health exams. Therefore, we recommend that homeschoolers avoid the extra paperwork by not enrolling their children formally into their schools until they reach the age of compulsory attendance.
California’s compulsory attendance laws currently only require that children be enrolled in the 2024-2025 school year if they turn six on or before September 1, 2024.
This means that a child who turns six on or after September 2, 2024, does not need to be formally enrolled in school until the next year, when the 2025-2026 school year begins (usually in August or September). You may, of course, teach your children who are under compulsory attendance age at home. They simply are not formally a part of your private school and are not to be included in the number of enrolled students indicated on the affidavit form.
Enrolling your compulsory-age child in a private school (whether home-based or campus-based) that has filed a current private school affidavit exempts your child from compulsory attendance at a public school, according to California Education Code Sections 48222 and 33190.
Even though the term “homeschool” is commonly used throughout our state, the nation, and the media, there is no legally-defined entity known as a “homeschool” in California law.
In order to be consistent with the law of our state, we do not use the term “homeschool” with public school officials. California is one of twelve states in which homeschoolers operate as private schools. Private schools can be legally established and operated in the home just as some private schools operate on a campus.
County offices of education and school districts do not have any legal authority to go beyond simply verifying the filing of the affidavit, such as during an investigation of alleged truancy.
Neither can they require private schools, regardless of whether they are campus-based or home-based, to furnish material that they are not legally required to furnish.
Any additional information requested (e.g., “proof” that the teachers are “capable of teaching,” their course of study, etc.) can only be required by court order.
Members of the Home School Legal Defense Association (HSLDA) should follow HSLDA’s directions on all legal questions.
While no laws have changed and establishing a home-based private school remains legal, confusion about or opposition to private homeschooling in some counties and local school districts is expected to continue. There is still the possibility that some local school districts could try to investigate homeschoolers.
Additionally, a few parents who are homeschoolers have been falsely reported in the past for alleged child abuse or neglect. While the frequency of these reports is lower for homeschooled children than for children attending campus schools, it is still a threat for which every homeschooler should be prepared.
Membership in HSLDA is absolutely vital regardless of the size of the private home-based school in which your child is enrolled.
Please encourage every family who is already a member of HSLDA to keep their membership current! We strongly recommend that you apply for (or renew) your membership with HSLDA as soon as possible and before you file your affidavit. You can join HSLDA at any time but you must do so before you receive a legal contact.
Join the Home School Legal Defense Association for only $135/12 months. HSLDA also has discounted rates, including those that are available to members of CHEA and other HSLDA discount groups. Contact HSLDA at P.O. Box 3000, Purcellville, VA 20134; Phone: (540) 338-5600; or www.hslda.org.