The Growing Threat to Homeschool Freedom — and How the CEO Act Protects It

by Dr. Kevin McNamee

The explosive growth of homeschooling in California has largely remained under the radar—out of sight from both lawmakers and media scrutiny. This low-profile strategy has allowed the movement to thrive. But as more families flee the public school system for homeschooling, private, and faith-based education, the California Teachers Association (CTA) and legislators in Sacramento are beginning to take notice. They see what it truly is: a quiet but powerful revolt.

The rise of homeschooling follows a broader trend: Families are seeking better outcomes outside the traditional public school system. Charter schools, once a popular option, have been stifled by Sacramento through strict enrollment caps and limits on new school openings. Now, with studies confirming that alternative education models are delivering stronger academic results, the exodus is accelerating—and the public school system, along with the CTA, is in panic mode.

In California, homeschooling is not explicitly defined in law. Parents simply file an affidavit indicating their choice to homeschool—whether through the Private School Affidavit (PSA), Private School Satellite Program (PSP), or by using the Credentialed Teacher model. However, this legal ambiguity leaves homeschoolers vulnerable. At any time, Sacramento could pass laws to ban or heavily restrict homeschooling. The media, often sympathetic to centralized education policy, could spotlight a single abusive household and use it to smear the entire homeschooling community.

Every year, organizations like CHEA and HSLDA fight legislative attempts in Sacramento that aim to chip away at homeschool freedom. While the “stay off the radar” approach helped homeschooling grow, the sheer popularity of it has now placed a target on its back. Homeschooling—and charter schools—are squarely in the crosshairs of those who want to preserve the public education monopoly.

How the CEO Act Protects Homeschooling

The Children’s Educational Opportunity Act (CEO Act) empowers homeschool families by giving them the option to access $17,000 per child annually, tax-free, without raising taxes through an Education Savings Account (ESA). These funds roll over year to year, earning interest, and can be used for future educational expenses—including trade schools, community colleges, and universities. After age 18, any unused funds can be transferred to another family member’s ESA or donated to a school.

The CEO Act opens up educational opportunity to all California students—regardless of race, income, or zip code. Why should only wealthy families have full access to private education, while low-income families are left behind in failing public schools? The CEO Act is about breaking the cycle of poverty through education.

Participation in the CEO Act is entirely voluntary. Homeschool families can choose to participate—or not. And if a family enrolls and later decides to exit the program, they are free to opt out at any time. That’s real educational freedom.

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Built-in Protections for Homeschool and Faith-Based Families

The CEO Act includes strong legal safeguards: 

1. Curriculum Autonomy: If a parent or school objects to any content required in public schools, they are not required to teach it under the CEO Act.
2. Faith-Based Instruction: Faith-based schools and homeschoolers can continue teaching religious content. The Act explicitly allows the purchase of religious materials and curricula.
3. No Vaccine Mandate: Homeschooling families are not required to vaccinate their children under this initiative.
4. No Paying Yourself: ESA funds cannot be used by parents to pay themselves for teaching their own children. This ensures the funds go toward legitimate educational services—not personal enrichment. 
   1. Workaround Option: Homeschool pods, where families educate their children collectively, can qualify. Parents acting as tutors for non-related children can be paid through ESA funds.
   2. Some groups may organize as “homeschool schools” and hire tutors rather than teachers—retaining their exemption from vaccine mandates while accessing ESA benefits.
5. Credential Requirement: The Act does not require credentialed teachers. This levels the playing field for talented educators without formal certifications, avoiding exclusionary licensing that doesn’t guarantee teaching ability.
6. Tutor Approval Process: Tutors are vetted by private and faith-based schools. Once approved, they are added to a state-accessible list. The standards for tutors are flexible and determined by the market and the ESA Trust Board.
7. Approved Education Expenses: ESA funds can be used for:

• • Tuition and fees
  • Online courses 
  • Testing fees
  • Books and supplies
  • Tutoring and special education services
  • Transportation to and from school or school activities
  • Other approved educational expenses

Initiative-Level Protection

It’s important to remember that the CEO Act is a ballot initiative, not regular legislation. This means the California Legislature cannot unilaterally change or repeal it. Any changes must go back to the voters—just like Proposition 13, which has remained intact since 1978 despite repeated attempts to overturn it. Claims that the legislature can “work around” the CEO Act are simply false.

Crucially, the CEO Act defines homeschooling in California law—giving homeschoolers long-needed legal recognition and protection. Without this, homeschooling remains vulnerable to the whims of Sacramento lawmakers. The Governor could, with a simple signature, impose burdensome rules like home inspections, mandatory credentialing, or worse.

Now is the time to stand up and affirm our right to choose the best educational path for our children. Homeschool families should not fear their freedom being erased. With the CEO Act, they gain a legal foundation and financial support—while still retaining full control over their children’s education.

Dr. Kevin McNamee has a full-time practice in Los Angeles combining acupuncture, Oriental medicine, and chiropractic care. 

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