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Homeschooling Pages
: HS Legally More Legal Info Local HS Groups Charters, ISPs... HS Links HS Discounts Outdoor Ed Why I Believe... SHOULD Be... Siblings Charlotte Mason HS Resources
 

Fresno Family Homeschooling Pages:
Homeschooling:
Some Interesting Legal Info Pertaining to Homeschooling
by Cindy Cotter

EC 48200 says kids have got to be in a public school between the ages of 6 and 18 or in an approved alternative.

EC 48222 says that a private full-time day school is a legal alternative to public school. It doesn't define full-time day school." It also says that attendance must be kept in a register and that the kid's got to be in attendance for half the school day to be marked present. The school day isn't defined.

EC 46110-46147 describes the public school requirements for length of day. There are various permutations, but they're usually 230-240 minutes. By that standard a kid would be considered present if he were at school for two hours.

I haven't found any state code fixing the minimum school year for a public school. I don't know that it isn't there, I just haven't found it. It could be that the school year is set by the district (rather than by state law) but that funding mechanisms encourage a fairly standard year. They teach what they're paid for, and the complicated funding formulas definitely take the length of the school year into account. I'm not interested in trying to sort that all out, but I did find one code (EC 46200) which offers a financial incentive to districts who extend their school year to at least 180 days. This coincides with my vague impression that the usual public school year is something between 170 and 180 days.

EC 48224 describes the tutoring exemption. The minimum teaching required is 3 hours a day, 175 days a year, between 8 am and 4 pm.

EC 35330 authorizes public school field trips and counts them toward attendance. Here's an excerpt: "The governing board of any school district or the county superintendent of schools of any county may:
(a) Conduct field trips or excursions in connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities to and from places in the state, any other state, the
District of Columbia, or a foreign country for pupils enrolled in elementary or secondary schools. A field trip or excursion to and from a foreign country may be permitted to familiarize students with the language, history, geography, natural sciences, and other studies relative to the district's course of study for such pupils."

EC 51745 describes independent study. Public schools may credit students with work done outside the immediate supervision of a teacher through an independent study program. In that case attendance is determined by the implied time value of the work, not by physical presence in a classroom. Independent study can be authorized for many reasons, one of which is, "Continuing and special study during travel." That covers your travel interests. They also make allowance for special studies not in the curriculum and volunteer work in the community.

I have seen a reference to an opinion of some school official that private schools could offer independent study as well as public schools. This wasn't legally binding, just an opinion, and I never saw the opinion itself anyway, but it suggests that you needn't lock your kids in a room with a textbook to count their time on an attendance register.

So I figure a school year of 175 days and a school day of three to four hours between 8 am and 4 pm is reasonable. The student is present if he does at least 2 hours of work, and all sorts of interesting activities can count toward those two hours.

Cindy Cotter
Los Angeles, CA
Cotter1225@aol.com
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Discussion about Los Angeles
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Legal resources for California homeschoolers
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Homeschooling Pages: Home Up HS Legally More Legal Info Local HS Groups Charters, ISPs... HS Links HS Discounts Outdoor Ed Why I Believe... SHOULD Be... Siblings Charlotte Mason HS Resources

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