WITHDRAWING YOUR CHILD FROM SCHOOL

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 more complicated than starting homeschooling at the beginning of the school year, as the school has a record of your child and may be unwilling to lose a student. The school loses funding attributable to your child.

This guide will walk you through the process of withdrawing your child from school and starting your own homeschool. We will also provide insights on the legal requirements and steps involved, including the notification process and how to handle your child's cumulative school records.

When you withdraw your child from a public or private school, the school loses funding tied to that student, which may make them resistant to your decision. For this reason, we recommend not telling the school that you intend to homeschool right away. Instead, tell them you are transferring your child to another school. This can help you avoid unnecessary pushback, such as being told that you aren't capable of homeschooling or that homeschooling isn't legal.



Some schools may even threaten to report you to the truancy officer. However, as long as you follow the legal requirements for homeschooling, you are within your rights to withdraw your child from school and legally homeschool. If you decide to start your own private school at home, ensure that you prepare the necessary documentation to do so.

Notifying the School

If your child is enrolled in a public school at the start of the school year, and you later decide to withdraw them and start your own private school, you must notify the school properly. This involves sending two letters:

1. Withdrawal Letter – This letter, written by you as the parent, notifies the school of your intent to withdraw your child.
   
   
2. Private School Enrollment Letter – The second letter should be written by your newly-established private school (not you as the parent). This letter informs the school that your child is now enrolled in your school and requests school records.
   
   

You may also request your child's school records, or you can choose not to request them. It’s entirely up to you. Sample letters for both types of correspondence are available here.

If your child was never enrolled in public school, you do not need to notify anyone. However, if they attended public school the previous year, consider notifying the school at the beginning of the new school year to avoid any issues with truancy. This is especially important in smaller districts, where the absence of a child may be more noticeable. Larger, urban districts are less likely to notice such absences due to their high turnover rates.

Once you notify the school and request your child's cumulative file, the school should close their file on your child. This will prevent them from being considered truant.

What is the Cumulative File?

The cumulative file is an important collection of records kept by the school. It includes transcripts, report cards, progress reports, disciplinary records, standardized test scores, any special education records (such as IEPs), health records, and any other relevant documentation regarding your child.

If your child will be enrolling in another school (private or public), that school will request the cumulative file from the previous school. If you are starting your own private school, you must send a professional letter to the school requesting your child's cumulative file. This helps close the school's file on your child, ensuring they are not marked as truant.



Schools are legally required to provide you with your child's cumulative file, but many schools are slow to comply. If you do not receive the records within six weeks, it’s a good idea to send a follow-up request. If the records are still not provided after another six weeks, you may wish to consider whether obtaining the file is essential. Although you have a legal right to the file, it’s sometimes easier to let the matter go to avoid drawing unnecessary attention to your family.

FERPA and Your Rights

Under the Family Educational Rights and Privacy Act (FERPA), parents have specific rights regarding their child's educational records. FERPA protects the privacy of these records and ensures that parents can access and request corrections to them.

As a parent, you have the right to:

• Inspect and review your child’s education records.
• Request a correction if you believe any of the records are inaccurate or misleading.
• Receive a copy of your child's education records, though schools may charge a fee for this service in some cases.

FERPA also allows schools to disclose educational records without consent in certain situations, including to school officials with legitimate educational interest or when transferring the records to another school the student will be attending. However, the school cannot release information without your written permission, unless one of these exceptions applies.

Addressing Truancy or Disputes

If you withdraw your child due to truancy or other unresolved issues with the school, the school may continue to pursue legal action, such as a truancy hearing, or dispute the validity of your new private school. While you have the right to homeschool, you may need to weigh the practical and financial consequences of engaging in legal disputes.



In some cases, schools may look more favorably on homeschooling programs offered by public or charter schools or even private institutions, rather than home-based private schools. If you find yourself in a conflict with the school, consider consulting with an attorney to help navigate the situation. A well-crafted letter from an attorney can often resolve these issues more quickly.

Understanding Your Legal Rights and the Process

Education Code §49068 mandates that when a student transfers from one school district to another or to a private school, their records must be transferred upon request. Schools are required to notify parents of their rights to review and contest the contents of their child's records.

While you are entitled to these records, remember that your child’s legal status as a student and your right to educate them at home are protected. If you encounter difficulties obtaining the records or if the school refuses to cooperate, you may need to consider legal options, including working with an attorney to ensure your rights are upheld.

Join the Homeschool Association of California (HSC)

As you embark on your homeschooling journey, joining a supportive community can make all the difference. The Homeschool Association of California (HSC) is a valuable resource for homeschool families. By joining HSC, you'll gain access to information, events, and a network of like-minded individuals who can offer advice and encouragement.

Start your homeschooling journey today by becoming a member of HSC. Together, we can ensure that every child has the opportunity to thrive in a personalized learning environment.