My Learning Source California › Homeschooling in California › California Homeschool Options — Private School Affidavit, PSPs and Charter Independent Study
California Homeschool Options — Private School Affidavit, PSPs and Charter Independent Study
California has no education savings account, voucher or tax-credit scholarship, and no state money follows a child into a private homeschool. What California has is several legal ways to teach a child at home. A parent can file the annual Private School Affidavit and run a home-based private school, enroll the child in a private school satellite program (PSP), use a tutor who holds a California teaching credential, or enroll the child in a public charter school or school district independent study program. The first three are private options: the family chooses and pays for everything. The last is public school at home. Many homeschool charters give each student an instructional or enrichment budget to spend with vendors the charter approves, but a child enrolled in a charter is a public school student, the charter controls the money, and public money cannot buy religious curriculum. A 2026 law (AB 126) adds statewide rules for how districts and charters choose and pay contractors, starting by July 1, 2027.
| Overseen by | The California Department of Education (CDE) collects Private School Affidavits and publishes guidance on schooling at home and independent study. Local school districts verify that a homeschool has filed before treating the child as exempt from public school (Education Code 33190, 48222). Charter schools answer to the district or county board that authorized them. |
|---|---|
| Administered by | There is no state program office or spending portal. Home-based private schools file the affidavit online with CDE. Each charter school or district runs its own independent study program, decides what instructional funds it offers, and approves and contracts with its own vendors. |
| Amount per student, 2026–27 | None from the state for private homeschooling, and no state-set figure for charter families. Any instructional or enrichment budget is set by each charter school from its own public funding and varies by school. Charters may not give independent study families money or other things of value that classroom students don't get (EC 51747.3). |
| Who is eligible | Any family may homeschool a child of compulsory school age (6 to 18) by filing the affidavit, using a PSP or using a credentialed tutor. Charter and district independent study is voluntary and open to students the program enrolls. A charter can claim state funding for independent study only for students who live in the county where it reports attendance or an adjacent county (EC 51747.3(c)). |
| Application window / next dates | The affidavit's legal filing period is October 1–15 each year. The 2026 period closed October 15, 2026, but CDE's online system stays open from August 1 to June 30 for new schools and new homeschools, so a family starting now can still file for 2026–27. Charter enrollment dates are set by each school. Contractor policies under AB 126 are due July 1, 2027. |
| Homeschool status | A home-based private school is a private school: no state funds, no state testing and no reporting to the district beyond verification of the affidavit. A charter or district independent study student is a public school student, with a supervising credentialed teacher, state testing and secular coursework. |
Four ways to homeschool in California
California law requires children from 6 to 18 to attend public school unless an exemption applies (EC 48200). CDE lists the ways families school at home: through a public charter school, through a public school independent study program, through an existing private school that offers independent study, by setting up a home-based private school, or with a credentialed tutor.
Home-based private school: the parent files the annual Private School Affidavit with CDE and runs the home as a small private school. The family chooses and pays for all curriculum, and there is no state funding.
Private school satellite program (PSP): a private school that enrolls home-educated students. The PSP files the affidavit as the school. CDE lists PSPs among the schools that must file the affidavit. Families pay any PSP fees.
Credentialed tutor: a child is exempt if taught by a person holding a valid California credential for the grade taught, at least three hours a day for 175 days each calendar year, between 8 a.m. and 4 p.m., in English and in the subjects public schools teach (EC 48224). No affidavit is needed for this option.
Public independent study: a charter school or district enrolls the child, a credentialed teacher supervises the work, and the child learns mainly at home. This is public school, not private homeschooling under California law, and it is the only route that comes with public money for materials and classes.
Charter and district independent study: what you sign up for
Independent study is optional. Districts and charters may offer it but don't have to, and no student can be required to take part (EC 51745; CDE Independent Study FAQ). The student, the parent and the supervising teacher sign a written agreement. A certificated teacher employed by the school supervises the work and judges its time value for attendance (EC 51747.5).
The coursework must be substantially equivalent to classroom instruction and aligned to state standards. AB 126 (2026) also requires the school to keep one completed work sample in each of English language arts, math, history-social science and science for every independent study student in each of three attendance periods. Students must have opportunities for live interaction or synchronous instruction, and schools follow up when a student falls behind or misses too many assignments.
Charter students take the same state tests as other public school students (EC 47605(d)). Charter schools must be nonsectarian and cannot charge tuition (EC 47605(e)). CDE says religious materials cannot be assigned or used to complete independent study work, because the California Constitution bars public money for sectarian schools and religious instruction in public schools (Art. IX, Sec. 8). A charter also gets no public funds for a student who also attends a private school that charges tuition (EC 47602(b)).
That religious-materials rule was challenged in Woolard v. Thurmond. The families lost in the Ninth Circuit (opinion amended March 23, 2026) and asked the U.S. Supreme Court to take the case in August 2026 (No. 26-237). Responses are due October 23, 2026. As of October 17, 2026, no response had been filed, the Court had not decided whether to hear the case, and the rule stands.
Charter instructional funds: what they can and can't pay for
Many homeschool charters give each student a yearly budget, often called instructional, educational or enrichment funds. No state law sets the amount or requires the budget, so each charter decides how much, what qualifies and how ordering works. The money stays with the school. The charter buys from vendors it has approved. Under state law (EC 51747.3), a school can lose state funding for an independent study student if it gives the family money or other things of value that classroom students don't get, or, for a charter, that a school district could not legally provide.
AB 126 (Chapter 65, Statutes of 2026, signed July 9, 2026) requires every school district, county office and charter school to adopt a contractor policy by July 1, 2027 (new EC 51827). Contracts already in effect stay until they expire, but new contracts and amendments that run past July 1, 2027 must follow the policy. It must include these rules:
- Only nonsectarian materials, programs and activities, which also comply with state and federal nondiscrimination law
- No paying private school tuition or fees for a student at a school that files the Private School Affidavit, unless the student's IEP requires it
- No reimbursing parents for activities or services (exceptions exist for students with disabilities under an IEP and a legal settlement or agreement)
- No contracting with a student's parent, guardian or relative for services only for that student, except paid school-related transportation
- No annual or season passes or memberships to amusement or theme parks, zoos or family entertainment. Single-use admission, meals and transportation tied to a teacher's assignment are allowed
- No cash payments or gifts to families as an incentive to enroll, refer or stay
- Contracts must reflect reasonable market value, and the vendor must have a business license where applicable and appropriate insurance
- Contractor staff who interact with students need a valid criminal records summary (a fingerprint background check), and the vendor must show qualifications for the activity
- A vendor working under the contract may not charge fees to the student's family. A cleanup law, AB 2467 (signed September 27, 2026), added exceptions only for state preschool, after-school and child care programs
- For nonclassroom-based charters, contracts must itemize costs for credentialed staff, administrative staff and instruction
Before you choose or spend
- Decide whether you want private or public. Filing the affidavit keeps full control of curriculum, including faith-based curriculum, but comes with no funds. A charter brings funds and a supervising teacher, but your child is a public school student and coursework must be secular and standards-aligned.
- Read the charter's family handbook before you enroll. It sets the budget, the vendor list, ordering deadlines, and what work samples and meetings are required.
- You can't enroll in a charter and a tuition-charging private school at the same time, and a charter can't pay your PSP or private school tuition.
- Check the county. A charter can only claim independent study funding for students living in its county or an adjacent one.
- Expect paperwork. Independent study requires a signed written agreement, regular work samples and participation in live instruction, and the school can move a student back toward classroom options if the agreement isn't kept.
- Leaving a charter to homeschool privately? File the Private School Affidavit and give the district a copy if asked.
- Rules change. Confirm anything important with CDE, your district or your charter school.
For vendors: working with California charter schools
There is no statewide vendor list or state approval for homeschool vendors in California. Each charter school or district decides which vendors to use and signs its own contracts. Families who homeschool through the affidavit, a PSP or a tutor pay you directly from their own money, with no approval needed.
The 2026 rules set a common floor for charter contracts from July 1, 2027: a business license where applicable, appropriate insurance, prices at reasonable market value, proof of your qualifications, safety and emergency procedures if you work with students away from school staff, and no fees charged to the family on top of the contract. Religious curriculum and faith-based classes can't be bought with charter funds. A charter's governing board must approve, at a public meeting, any contract that would pay one contractor more than
Background checks: since AB 126 took effect July 9, 2026, an entity contracting with a school must make sure any employee who interacts with students has a valid criminal records summary, whether or not a parent is present (EC 45125.1). For independent study services given while the student is under the parent's supervision, the school must either verify the checks or get the parent's signed consent form before the student works with unchecked staff.
Listing on My Learning Source is separate from being an approved vendor for any charter school — you don't need one to have the other, and families find you here either way.
Homeschooling in California: the basics
- File the Private School Affidavit every year. Anyone conducting private school instruction, including a parent running a home school, must file it with CDE, under penalty of perjury (EC 33190). The legal filing period is October 1–15. CDE's online system is open August 1 to June 30 so new homeschools can file mid-year. Schools started in July wait until the system opens in August.
- The affidavit is a registration, not an approval. Filing doesn't mean the state has evaluated, approved or licensed your school, and it is unlawful to claim otherwise (EC 33190). Information for schools with fewer than six students isn't published in CDE's directories, and addresses are redacted if it is released under a records request.
- The district's role: parents don't report to their school district. The district's attendance supervisor verifies that the affidavit was filed before the exemption is valid (EC 48222), usually by asking for a copy when you withdraw from public school. You can enroll your child in public school at any time.
- What to teach: instruction must be in English and cover the branches of study taught in public schools. These are listed in EC 51210 for grades 1–6 and EC 51220 for grades 7–12. There is no required curriculum and no state testing for private schools.
- Records to keep: an attendance register showing every absence of half a day or more, the courses of study offered, and the names, addresses and educational qualifications of the teachers (EC 33190, 48222). CDE also recommends keeping copies of each affidavit and individual student records.
- Background checks: private schools must fingerprint employees who have contact with students (EC 44237), but this does not apply to a parent working only with their own children.
- Diplomas: there are no state graduation requirements for private schools. The parent issues the diploma and transcript. A public school sets its own policy for placing a returning student and accepting credits. CDE points to the GED and the California Proficiency Program as diploma alternatives.
- Immunizations: according to CDE, students in a home-based private school or in an independent study program with no classroom-based instruction are not required to show immunizations for school entry.
Other California programs: Cal Grant, college classes and sports
Cal Grant for homeschool graduates: Cal Grant is California's main state college grant. Students apply by filing the FAFSA or California Dream Act Application by March 2 (September 2 for California Community Colleges). CSAC needs a verified high school GPA, college GPA or test score on file. It accepts SAT, ACT, GED, TASC and HiSET scores, which gives homeschool graduates a way to qualify. Award amounts depend on the award type and the college. (California Student Aid Commission)
Community college classes: the parent of a student who isn't enrolled in a public school may petition a community college president directly for the student to attend as a special part-time or full-time student (EC 48800.5(c)). Special part-time students may take up to 11 units a semester and get low registration priority (EC 76001). Each college has its own forms, and some ask for a copy of the Private School Affidavit. Charter and district independent study students go through their school.
Sports: independent study students can play for the public school serving their home attendance area under CIF Bylaw 302, if the local board accepts their registration, their courses meet board standards and they meet all other CIF rules. State regulations bar schools from excluding independent study students from sports and activities at the school where they are enrolled (5 CCR 11701.5, as quoted by CDE). Students in a home-based private school should check the current CIF bylaws with their CIF section.
Federal scholarship tax credit: California is not on the IRS list of states taking part in the new federal scholarship tax credit for 2027 (as of September 14, 2026).
Driver's licenses for home-schooled teens
What DMV requires under 18: a teen can get a provisional instruction permit at 15½. Along with the application signed by a parent or guardian, the teen shows a certificate of completion of driver education, or of enrollment in an integrated driver education/driver training program, issued by the school that gave the instruction. A teen who is at least 17½ can get a permit without it, but still needs proof of driver education and driver training to be licensed before 18. To get the license at 16 or older, the teen must have held the permit for at least 6 months, show proof of driver education and driver training, and have a parent or guardian sign that the teen completed 50 hours of practice, 10 of them at night (DMV Fast Facts FFDL 19).
What the courses are: driver education is 30 hours (or 2½ semester periods) of classroom instruction, or a home study or internet program that meets the same requirements. Driver training is at least six hours behind the wheel with a professional driving instructor, no more than two hours a day. Teens can take both at a California secondary school or at a state-licensed professional driving school. Online driver education is subject to the same rules. Before you pay for any course, check DMV's Occupational License Lookup to confirm the driving school is licensed and bonded by DMV. You can also find schools in DMV's driving school list.
Private school affidavit (PSA) home schools: DMV issues its own certificate forms to home schools and private school satellite programs that ask for them on form DL 396. A private school sends a current copy of its Private School Affidavit with the request (EC 33190). The home school versions are DL 387 D (classroom driver education), DL 387 E (non-classroom driver education) and DL 388 C (behind-the-wheel training). A school teaching driver education by internet, correspondence or another distance course must use DMV's driver education curriculum or certify on form DL 396 B that its curriculum is educationally equivalent. DMV's forms say the school may issue a certificate only to its own full-time student who finished the school's course, and only the school's owner, officer, administrator or principal may sign. A parent teaching only their own child is exempt from the criminal record check required of other instructors. DL 396 has a box for home schools that teach behind-the-wheel training, but DMV's driver training page describes those six hours as being with a professional driving instructor. Ask DMV's Occupational Licensing Section before planning to teach behind-the-wheel yourself. A PSA family can also use a DMV-licensed driving school, which issues both certificates.
Charter and district independent study students: a public or charter high school that offers driver education or behind-the-wheel training to its full-time students orders certificates from DMV too (DL 396, using DL 387, 387 A and 388 A). Ask your charter or district program whether it offers driver education or expects you to use a licensed driving school.
Special education for homeschooled students
Special education: CDE says California recognizes home schools as private elementary and secondary schools. So a child with a disability in a home school that files the Private School Affidavit is treated the same way as other children whose parents place them in private schools (CDE, Equitable Services for Students with Disabilities, reviewed July 17, 2026).
Child find: the local educational agency (LEA) must locate, identify and evaluate all children with disabilities enrolled by their parents in private schools, including religious schools, located in the district it serves. Its child find for these children must be similar to what it does for its public school children, and it must be finished in a time comparable to that for public school students (34 CFR 300.131). A U.S. Department of Education Q&A (April 2011), reprinted in the North Santa Cruz County SELPA's handbook, says that generally the LEA where a homeschooled child lives is responsible for child find, including first evaluations and reevaluations.
Evaluations: if you homeschool and don't consent to a first evaluation or a reevaluation, or don't respond to the request, the public agency can't use the consent override procedures to evaluate anyway. It also doesn't have to consider your child eligible for equitable services (34 CFR 300.300(d)(4)).
Services: no child placed by a parent in a private school has an individual right to receive some or all of the special education and related services they would get in public school, and these children may receive a different amount of services. Instead, the LEA must spend a proportionate share of its federal IDEA money on them, and the cost of child find doesn't count toward that share. The LEA makes the final decisions about which services it provides (34 CFR 300.137).
Annual count: each LEA counts the parentally placed private school children with disabilities attending private schools located in the LEA, on a date between October 1 and December 1 each year. That count sets how much the LEA must spend on these children in the next fiscal year (34 CFR 300.133(c)). The federal Q&A reprinted by the North Santa Cruz County SELPA says a child whose parent refuses consent for evaluation can't be included in the count. A child the LEA finds eligible is counted even if the parent turns down the public school offer.
Consultation: the LEA must consult with private school representatives and with representatives of parents of these children while it designs their services. The topics are how child find works and how parents will be told about it; how the proportionate share was calculated; how consultation will continue through the school year; and how, where and by whom services will be provided, including the types of services, how services will be divided if the money isn't enough to serve every child, and how and when those decisions will be made. If the LEA disagrees with private school officials about services, it must give them a written explanation of its reasons (34 CFR 300.134).
Services plans: a child the LEA designates to receive services gets an individual services plan (ISP) from the LEA where the private school is located. CDE says the ISP should reflect only the services that LEA offers, not everything a public school IEP might include. The LEA sets up and runs the meetings to write, review and revise the plan. To the extent appropriate, the plan follows the federal rules for IEP content and meetings. Services come from public agency employees or contractors, and the services, materials and equipment must be secular, neutral and nonideological (34 CFR 300.137–300.138). CDE's page doesn't say which district counts as the location of a home-based private school, so ask your district of residence which district will write the plan.
Where services happen and rides: services may be provided at the private school, including a religious school, to the extent consistent with law. If your child needs transportation to benefit from or take part in the services, the LEA must provide it from the school or home to a service site other than the private school, and from the service site back to the school or home. The LEA doesn't have to provide transportation from your home to the private school (34 CFR 300.139).
If you might enroll in public school: the LEA doesn't have to pay for private school if it made a free appropriate public education (FAPE) available and you chose a private school (34 CFR 300.148(a)). Local practice varies. In the North Santa Cruz County SELPA's procedures, for example, the district of residence writes an IEP if parents are interested in public school or unsure. The district of location writes an ISP if parents are clearly not interested. The district of residence also writes to parents each year to say it still offers FAPE if the child enrolls. Ask your own district or SELPA how it handles this.
Part-time public classes: the federal Q&A reprinted by the North Santa Cruz County SELPA says state law decides whether a homeschooled child with a disability who takes some courses at a public school counts as a private school student or a public school student. Either way, the public school must give the child an equal opportunity to take part in or benefit from those courses under Section 504 and the Americans with Disabilities Act. If you want to enroll full time, the LEA where you live would generally have to make FAPE available.
Preschool: LEAs must offer a free appropriate public education (FAPE) to every preschool-age child with disabilities within their boundaries, even children enrolled in private schools.
Charter and district independent study: children with disabilities in public charter schools and their parents keep all of their federal IDEA rights (34 CFR 300.209(a)). A student with an IEP may take part in independent study if the IEP specifically provides for it. If a parent asks for independent study, the IEP team must decide case by case whether the student can receive FAPE there, and a student's need for adult support or for special education services doesn't rule it out (EC 51745(c), as restated in the Santa Cruz County Office of Education's independent study policy, adopted September 19, 2024). Before you enroll, ask the school in writing how it will provide your child's IEP services, and keep a copy of its answer.
Due process: for children placed by their parents in private schools, the due process hearing rules apply only to complaints about child find, including evaluations. They don't apply to complaints about services, including the services in your child's services plan. Federal rules say a child find due process complaint is filed with the LEA where the private school is located, with a copy to the state (34 CFR 300.140). In California, due process hearings are requested through the Office of Administrative Hearings (OAH), so ask your district or OAH how to file. Either a district or a parent may file a Request for Due Process Hearing and Mediation with OAH, with a Proof of Service showing it was sent to the other party. A parent may also file a Request for Mediation Only. Disagreements about whether the district made FAPE available, and about paying you back for private school, also go to due process (34 CFR 300.148(b)).
State complaints: complaints that an LEA broke the other private school rules, such as consultation, spending or services plans, go through the state complaint process (34 CFR 300.140(c)). Any individual or organization may file a signed written complaint. It must be about a violation no more than one year before the complaint is received, and you send a copy to the LEA serving your child at the same time (34 CFR 300.153). The North Santa Cruz County SELPA's procedures say these complaints go to the California Department of Education under Title 5, California Code of Regulations, section 4600 and following. A private school official can also complain to the state that the LEA's consultation wasn't meaningful and timely, and can take it to the U.S. Secretary of Education if unhappy with the state's decision (34 CFR 300.136).
Official sources
- Schooling at Home (California Department of Education)
- Schooling at Home FAQ (CDE)
- Homeschooling and Education Alternatives (CDE)
- Private School Affidavit information (CDE)
- Private School Affidavit FAQ (CDE)
- Private School Affidavit online filing system (CDE)
- Education Code for Private Schools (CDE)
- Independent Study (CDE)
- Independent Study FAQ (CDE)
- Charter Schools (CDE)
- Charter School Locator (CDE)
- Education Code 33190: Private School Affidavit
- Education Code 48222: private school exemption
- Education Code 48224: credentialed tutor exemption
- Education Code 51747.3: independent study funding limits
- Education Code 47602: charter schools and private school tuition
- AB 126 (Chapter 65, Statutes of 2026): education omnibus trailer bill
- California Constitution, Article IX, Section 8
- Woolard v. Thurmond, No. 26-237 (U.S. Supreme Court docket)
- Education Code 48800.5: community college attendance by petition
- Education Code 76001: special part-time students
- Cal Grant Programs (California Student Aid Commission)
- High School Equivalency Tests (CDE)
- California Proficiency Program, which replaced the CHSPE (CDE)
- CIF Constitution and Bylaws
- Instruction permits for teens — California DMV
- Fast Facts FFDL 19: Provisional Licensing (PDF) — California DMV
- Driver education and driver training schools — California DMV
- Driving school list — California DMV
- DL 396: Authorization/Requisition for Driver Instruction Forms, incl. home schools (PDF) — California DMV
- DL 396 A: Driver Education Supply Request, lists DL 387/388 certificates (PDF) — California DMV
- DL 396 B: Private school non-classroom driver education curriculum certification (PDF) — California DMV
- Equitable services for students with disabilities in private schools, including home schools — CDE Special Education
- 34 CFR 300.131, child find for children in private schools (U.S. Government Publishing Office, govinfo, July 1, 2025 edition)
- 34 CFR 300.133, spending and the annual count (govinfo)
- 34 CFR 300.134, consultation topics (govinfo)
- 34 CFR 300.139, where services are provided and transportation (govinfo)
- 34 CFR 300.140, due process and state complaints for private school children (govinfo)
- 34 CFR Part 300, full IDEA Part B regulations (govinfo)
- Parentally Placed Private School Students with Disabilities, Chapter 15 (North Santa Cruz County SELPA handbook, includes the U.S. Department of Education's April 2011 Q&A)
- Board Policy 6158, Independent Study (Santa Cruz County Office of Education, adopted September 19, 2024)
- Request a Special Education Due Process Hearing (California Office of Administrative Hearings)
- Request Special Education Mediation (California Office of Administrative Hearings)
My Learning Source is an independent marketplace. We are not affiliated with the California Department of Education, any school district, county office of education or charter school, and a listing here does not mean a vendor is approved by any charter school or district. This guide is general information, not legal advice.
As of October 2026.
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