Special Situations in Homeschooling Your Child

A. Withdrawing your Child from Public or Private School Mid-Year

You can withdraw your child from school mid-year and start homeschooling. Many schools are supportive of homeschooling and can provide you with help and resources. However, withdrawing a child mid-year may be a little more complicated than starting homeschooling at the beginning of the school year, because the school has a record of your child and may be unwilling to lose a student. The school loses funding attributable to your child. We do recommend that you not tell the school that you are going to homeschool (see the discussion following) but rather tell them that you are transferring your child to another school, as they may try to convince you that you are not capable of teaching your child or that you cannot legally homeschool, especially if you are setting up your own home-based private school. They may even threaten you with a report to the truancy officer. As long as you follow the legal requirements set forth above, you can withdraw your child from public or private school and legally homeschool.

If you decide to start your own school, prepare the documentation noted above and remove your child from school. You also need to consider whether to file the private school affidavit immediately; see the discussion at private_school_option.php#affidavit

When you take your child out of school, tell the school that your child will be attending another school and give it the name. Because the CDE's old memos stating that homeschooling is illegal are still floating around in the minds and files of many public school officials, we recommend that you not mention the word "homeschooling." You can tell school officials whether you intend to use a public or private school, but you are not obligated to give them any more information than that. If your child will be enrolled in a school run by someone else, that person will write the former school and ask for the child's cumulative file (§49068). If you are starting your own private school, then promptly write a professional letter to the former school on your school letterhead advising the administrators there that your child has been enrolled in (your school name) and request his or her cumulative file (see a sample letter). Sending this letter should close the school's file on your child so that s/he can't be considered truant. The school is required to give you your child's cumulative file (it can be a copy rather than an original), although many schools don't seem to be able to do this. You are also entitled, as a parent, to have a copy of the cumulative file. If you really want to have a copy, we recommend going to the office in your role as a parent, not a school official, and offering to make the copies yourself, or giving them a stamped envelope, or any other help that makes it easier for them to comply. As long as you properly sent the request for the file, failure to receive the copy does not have any legal importance.

If you pull your child out as a result of truancy or other unresolved problems with the school, the school may fight your efforts by continuing with a truancy hearing or denying the validity of your new school. Although you are still entitled to educate your children at home using any of the options described above, you will need to weigh the practical and financial alternatives of continued controversy or litigation against other alternatives the truancy board might accept. In some cases, they may look more favorably on a program offered by a public or charter school or commercial private school rather than a home-based private school. Please contact the HSC legal team for more information if you are in this situation.

B. Homeschooling after a Divorce

Although it is legal to homeschool after a divorce or in a situation where the other parent does not agree with homeschooling, the ultimate decision as to whether you can homeschool your children may be up to the Family Law Court. The judge will make a decision based upon the evidence presented at the court hearing regarding what is in the child's best interest. Generally, courts tend to order that the children remain in the status quo. Children who are enrolled in public school stay in public school, children who are in private school stay in private school, and children who are homeschooled continue homeschooling. If you cannot reach an agreement with your child's other parent, you will need to consult with a local attorney for guidance. HSC can assist your attorney with information about the legality of homeschooling in California and experts favorable to homeschooling.

Before you commence an expensive battle, which invariably hurts the children, it is helpful if you consider other alternatives. It may be helpful if you educate the other parent about the benefits of homeschooling and how that parent can have both more and flexible time with the children because they are not tied to the public school schedule. Involve the parent in the educational process. If finances are the underlying issue, consider whether and how you can work and homeschool your children. It may be that the other parent is concerned about accountability. You can meet this concern by involving the other parent in the educational process, choosing a charter school or independent study program, or involving a third party in the process, such as a tutor or evaluator.

Keep in mind that your goal is to do what is in the best interest of your children. Each custody situation is unique, and your attorney can guide you to choose the best option for your family. If you have the ability to shape the language of the custody agreement, ask that you be given "sole educational custody," which gives you the ability to control your children's education without the other spouse's input.