California Education Code

Private School Law - Read them - Know them

California does not have a homeschool law. The Education Code does not include the following terms, nor are they defined by law:

• home education
• home educator
• homeschool
• homeschooling
• homeschooler

The law then is silent on homeschooling as distinct from private schooling.

You may be startled to discover that only three sections of California's massive Education Code address the establishment and operation of private schools. Let us assure you that the legal requirements are as simple and direct as they are represented below.

The Legislature has historically chosen to assure that private schooling is indeed a private matter. It is a domain governed by parental market decisions rather than government regulation. As you peruse the code sections, make note of what is expressed to see how straightforward and simple it is to establish a private school. Then make note of what is not expressed to see how much autonomy is given to private schools.

The sections of the California Education Code that deal with the establishment of private schools are §33190, §48222 and §48415. Please note as you read these code sections that there are no stipulations regarding size, facilities, or the possibility of familial relationships between administrator, teachers, and pupils.

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