Faculty and Employees
Teachers in private schools do not need to hold state teaching credentials, even though many state officials seem to think they do. The statute is very clear on this point. §48222 requires that the teachers be "capable of teaching," but this phrase is not explained or defined. We believe most people who can speak and read competently in English generally could be capable.
Most home-based private schools do not have any employees because the parents are the primary teachers. Parents teaching their children are the faculty. Keep updated résumés of your faculty in your school records, including their names, addresses and qualifications. If the teacher does not have a credential, list other qualifications that make him or her capable of teaching. These qualifications could include experience teaching in your school, other work or volunteer experience, undergraduate and advanced degrees, educational conferences attended, including homeschool conferences, or training sessions.
Some homeschooling families hire others to help with certain aspects of their children's education, such as piano teachers or athletic coaches. Weekly piano lessons or even daily sports lessons do not qualify these teachers as your employees. However, if you are interested in hiring full- or part-time teachers, you can do so. Any employee hired to work with your children must provide you with sufficient information to determine that he or she is capable of teaching. Additionally, you must obtain the criminal record summary and TB certificate described below. "'Employment' means the act of engaging the services of a person, who will have contact with pupils, to work in a position at a private school at the elementary or high school level . . . on a regular, paid full-time basis, regular, paid part-time basis or paid full- or part-time seasonal basis." (EC §44237(b)(2).) Thus, the piano teacher or gymnastics instructor with his or her own studio, and a grandmother teaching her grandchildren without being paid, are not employees. However, anyone you hire and pay to teach within your home under your direction on a regular full- or part-time basis may be considered an employee. You may wish to consult with an attorney to clarify the difference between an independent contractor and an employee. Each situation is unique and can have important tax and record-keeping consequences.