Homeschool rules: state, county and city

The rules that matter for San Diego homeschool families, microschools and vendors, each linked to the official source. This is a plain-English summary, not legal advice.

State of California

Who has to be in school

• Children aged 6 to 18 must attend full-time school unless an exemption applies. Ed. Code §48200

The legal ways to homeschool

• Public charter school (independent study). Free and public. Most offer yearly instructional funds paid to approved vendors.
• Public school independent study through your school district.
• An existing private school with an independent-study option (often called a PSP, or private school satellite program).
• Your own home-based private school. You file the Private School Affidavit yourself.
• A credentialed tutor. At least 3 hours a day, 175 days a year, between 8 a.m. and 4 p.m., in the required subjects and in English. The tutor must hold a valid California credential for the grade taught. Ed. Code §48224

Source: CDE, Schooling at Home

Private School Affidavit (PSA)

• Anyone running a private school, including a home-based private school, a PSP or a microschool set up as a private school, files a PSA every year. Ed. Code §33190
• Filing dates: the legal filing period is October 1–15. The online system is open August 1 to June 30 for new schools and home schools. Programs serving only preschool or TK don't file. CDE, Private School Affidavit
• Keep records of attendance, courses of study, and the names, addresses and qualifications of teachers. Teach in English and cover the subjects the public schools teach. Ed. Code §33190, Ed. Code §48222, Ed. Code §51210, Ed. Code §51220
• Filing a PSA is not a license or approval from the state, and schools may not claim it is.

Rules for spending charter funds

• No religious materials or instruction. Charters must be nonsectarian, and the CDE says no religious materials may be assigned or used for independent-study work. (Comparing religions inside English or history units is the one exception.) Ed. Code §47605; CDE Independent Study FAQ (Q9); Cal. Const. art. IX, §8
• In Woolard v. Thurmond (No. 24-4291), the U.S. Ninth Circuit affirmed the dismissal of parents’ lawsuit seeking to make charter independent-study programs buy faith-based curriculum. The court said these programs remain public-school programs. Original opinion filed Sept. 11, 2025; amended opinion filed Mar. 23, 2026. Court cases can be appealed further. 9th Cir. amended opinion, Mar 23, 2026; original, Sept 11, 2025
• No cash, and nothing a district couldn't give. A charter loses state funding for a student if it gives the family money or anything of value that a school district couldn't legally give a similar student. That's why funds go to approved vendors, not to parents. Ed. Code §51747.3
• No private-school tuition. The state constitution bars public money for any school not under public control. Charters also screen vendors for this. For example, PCA requires vendors to be nonsectarian, not affiliated with a private school, capped at 16 core academic hours, and open to all students with no tryouts. Cal. Const. art. IX, §8; PCA vendor requirements
• Where you live matters. Independent-study charters may only claim funding for students who live in the county where they report, or in an adjacent county. For San Diego families that means San Diego, Orange, Riverside and Imperial counties. Ed. Code §51747.3(c)
• Read the whole picture in How charter funds work.

Testing

• Public and charter students, including those in independent study, take the state's CAASPP tests. CDE, CAASPP
• The CDE's list of requirements for private and home schools (the affidavit, courses and records) doesn't include state testing. CDE, Schooling at Home

Immunizations

• School-entry vaccine requirements don't apply to students in a home-based private school, or in independent study with no classroom-based instruction. Health & Safety Code §120335(f)
• Schools still ask for and keep any immunization records you have. Personal-belief exemptions ended in 2016. Classroom programs (learning centers, microschools, private day schools) must follow the normal rules. CDPH school immunization FAQ

San Diego County

• The San Diego County Office of Education (SDCOE) authorizes about two dozen charter schools. It oversees their legal compliance, finances, audits and renewals. Dimensions Collaborative and Pacific Springs are on its list. SDCOE Charter School Services
• Many homeschool charters that serve San Diego families are authorized by school districts, some outside the county. To find any charter's authorizer, look it up in the California School Directory or the CDE charter school list.
• Have a complaint about a charter? Start with the school's Uniform Complaint Procedure, then the authorizer. CDE Uniform Complaint Procedures

City rules for microschools, co-ops and vendors

• Business tax (City of San Diego). Every business in the city needs a Business Tax Certificate, including home-based businesses, self-employed people and independent contractors. Register within 15 days of starting; the application lists a $38 minimum payment. City of San Diego business tax application
• Home occupations. These are allowed in most residential zones under Land Development Code §141.0308. Going beyond those limits needs a Neighborhood Use Permit. City of San Diego Info Bulletin 540
• Other cities (Escondido, Chula Vista, Oceanside, Carlsbad and so on) have their own business license and zoning rules. Check with your city.
• Childcare licensing thresholds. California's childcare licensing law doesn't cover some arrangements. Two exempt examples are a parent co-op where no money changes hands and care for the children of just one other family. Health & Safety Code §1596.792 A licensed small family child care home can take up to 6 children (8 under conditions). A large one can take up to 12 (14 under conditions) with an assistant. CDSS family child care licensing
• Whether a paid drop-off pod needs a childcare license depends on how it's set up: a private school that files a PSA, a vendor class, or care. Ask CDSS Community Care Licensing before you open.

Related: Insurance for families, co-ops and vendors.