Legal Information


Kingdom Generation School abides by the California Department of Education laws and regulations

California Compulsory Education Requirements

California compulsory education law requires everyone between the ages of six and eighteen years of age to attend school, except sixteen- and seventeen-year-olds who have graduated from high school or passed the California High School Proficiency Exam (CHSPE) and obtained parental permission to leave.

 
Required days of instruction: 180 for public schools only.

 
Required subjects: Home schools must be taught in English and offer instruction in the several branches of study required to be taught in the public schools. Specifically, in grades 1-6, the following courses must be taught: English, Math, Social Science, Science, Visual and Performing Arts, Health, and Physical Education. 

Home Educating in California

There are no statutes in California that specifically and exclusively deal with private home education as distinct from private schools. California is one of twelve states in which education at home is accomplished under a private school exemption



The penalty for noncompliance with a state’s compulsory attendance generally is a truancy charge. Those choosing to home educate “on their own” without the covering of one of the following four legal alternatives, are considered in violation of California Educational Code which could result in legal action.



Please Note! Those parents/teachers using a complete curriculum package from an out-of-state vendor claiming students in other states are enrolled in their schools, DOES NOT act as an exemption from compulsory attendance in a California public school. Therefore, one of the following four legal alternatives is still required. 



Four Legal Alternatives for Home Educators

(1) Home educators may establish a private school, based in their home, and must file a private school affidavit with the Superintendent of Public Instruction of California (normally between October 1st and 15th of every school year). Children enrolled in a private school are exempt from attendance in a public school. 

On August 8, 2008, the California court of Appeals for the Second Appellate District confirmed in their "In re Jonathan L. ruling" that “California statues permit homeschooling as a species of private school education.”



Under this provision, these requirements apply to all private schools: 

  • The instructors must be capable of teaching (determined by private school administrator).
  • The instruction must be in English (non-English speakers may school in their native language-however, there must also be instruction in English with the goal to be proficiency as an English speaker). 
  • The instruction must be in the several branches of study required in public schools.
  • Certain pupil and school records must be on file.
  • Health department forms must be on file. 
    
    

(2) Home schooling parents may enroll their children in a Private School Satellite Program (PSP) that has filed a private school affidavit with the Superintendent of Public Instruction of California [in keeping with the same legal requirements as (1)]. The PSP may be composed of only homeschool educators or may be an extension program of a campus-based private school. This is the exemption used for Kingdom Generation School.



(3) A child being taught by a home-schooling parent, who has a valid California teaching credential for the grades and subjects taught is exempted from attendance in a public school under the tutorial exemption. 



(4) The home-schooled pupil may enroll in a public school independent study program (ISP) or a charter school offering home study. In these programs, the home education family is under the total authority of the public schools. These two options (ISP or charter) are not legally viable for parent/teachers who are using any type of Scripturally based or Scripturally integrated curricula during school hours. [Please see below]



*Charter schools and non-charter schools may teach about religion, but may not teach a sectarian curriculum. EC Section 47605(d) requires that a charter school be nonsectarian in its programs, admission  policies, employment  practices, and all other operations. Compliance with the prohibition on nonsectarian operations is a condition of apportionment, and the charter would be subject to revocation by its charter authorizing entity in accordance with EC Section 47607(c)(4)

*Resources

  • http://www.cde.ca.gov
  • Mawdsley, Ralph D. Legal Problems of Religious and Private Schools. 2012. Ohio: Education Law Association.
  • Home School Legal Defense. Home Schooling In California Legal Fact Sheet. 2012. 



Home School Legal Defense Association


  • HSLDA is a prepaid legal service for home school families.
  • Their mission is to defend and advance the constitutional rights of parents to direct the education of their children and protect family freedoms. 
  • Even though homeschooling is legal and widely adopted in the state of California, Kingdom Generation School cannot guarantee anyone protection from harassment from any legal authorities. Moreover, we cannot be held accountable for the outcome of any contact by authorities. 
  • Therefore, all enrolled families in our PSP program are required to obtain membership in HSLDA. Exceptions are for those whose enrolled children are below age 6 or have reached age 18.
  • When enrolling, get a discount by using our SCHOOL DISCOUNT CODE 211159.
  • For more information about the services provided by HSLDA or to become a member please visit: https://hslda.org/membership/# or call (540-338-5600).
Join HSLDA Today

In Case of Contact by State Officials

Many legal problems can be avoided by being accurately informed about state laws and by using tact and respect in dealing with school authorities. Kingdom Generation School will verify your student’s enrollment should state school officials request that information.

 

In preparation for possible contact at your home by authorities or other government officials, keep a copy of attendance records, course of study, and lesson plans.



In addition, have the following telephone numbers in a convenient place: HSLDA and KGS



Should you be contacted, follow these steps:

  • Politely and confidently let them know that your student (s) are enrolled in Kingdom Generation School and that they may contact the school for verification. Only allow them in if a search warrant is presented.
  • Calmly and confidently tell them to submit their questions in writing.
  • Call HSLDA at 540.338.5600 and inform them that you have been contacted.
  • Call KGS Registrar at (909) 777-5675
  • Document this contact and any further contacts.



This summary is not intended to, nor does it constitute the giving of legal advice.

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