Q: For a student on home hospital, can the resident district refuse to provide work?

A: Generally, if the student's hospital location (excluding state hospitals) is in a different district than the parent's residence, and they qualify for HHI, the district where the hospital is located is the one who will provide the HHI. The parent's district of residence is not mandated to keep the student enrolled, as the student is deemed a resident of the district where the hospital is located.

Regardless, once ready, the student may return to the school they were attending prior to moving to the hospital outside the home district.

Per Education Code 48207.3. "(a) A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated."

However, it is complicated.

A: In California, the resident school district cannot refuse to provide schoolwork for a student on home hospital instruction, as this is protected under California Education Code Section 48206.3.

When your child needs home hospital instruction due to temporary medical conditions, you as the parent have the right to choose whether to keep them enrolled in their current school or transfer them to the hospital's district program. This choice helps ensure continuity of education and supports your child's eventual return to regular classes. The resident district must provide either direct instruction through a qualified teacher or appropriate educational materials if they remain enrolled.

If you encounter resistance from your district, you can reference the California Department of Education guidelines, which state that districts must provide instruction for students expected to be out of school for more than two weeks due to temporary medical conditions. Should you need support enforcing these rights, consider reaching out to your county office of education or filing a formal complaint with the district's compliance officer.