California: Home Schooling illegal

KOGO Radio, Roger Hedgecock Show | August 11, 2002 | self

[John Jorsett]

I just heard on the Roger Hedgecock show (AM 600 in San Diego, California) Susan Fey, member of the San Diego County Board of Education, that California has issued a directive that home schooling, being done as it is by uncredentialed parents, "is not an authorized exemption from mandatory public school attendance." Hedgecock has the directive in hand and will be following up to see what's going on. On the face of what I heard read on the radio, it sounds like the California Dept. of Education is going to require all students to attend public school. For those wanting more, I suggest watching the RogerHedgecock.com web site. He'll probably be posting more info on this.

[Dog Gone]

It seems rather hard to believe that California would take this stance. Then again, this is the most authoritarian state regime I have ever seen.

[DoughtyOne]

It seems rather hard to believe that California would take this stance. Then again, this is the most authoritarian state regime I have ever seen.

I believe the word you were looking for was politburo.

[Dog Gone]

Yes, I was. Thanks.

[goldstategop]

There's a home school revolt abrewing in Kalifornistan...

[Lizavetta]

Relax.

The office of the Calif. Dept. of Education has been saying this for years. Along with the piece of paper that says homeschooling is not "authorized" comes the three options parents may use to homeschool. In other words, we haven't authorized it, here's what you gotta do to homeschool. They're morons.

They have over and over and over and over again demonstrated their willful ignorance of the education code and they're always trying to look like tough guys. If you want to know what the LAW is in your state, contact Home School Legal Defense Association or the homeschool organization IN YOUR STATE. Don't ask the government.

[Drango]

...has the directive in hand..

Check it for spelling and grammer!

[First_Salute]

Bump.

[First_Salute]

Bump.

[BlessedAmerican]

Anyone know how many homeschooler there are in CA? Can't believe the board would try this, but homeschoolers have been embarassing public schools in several states by their achievements. And homeschool parents tend not to join the NEA...:-)

[lonestar]

My guess is there are teachers who are not certified in the subjects they're teaching in public schools.

[nonsporting]

numberOfHomeSchoolersInCalifornia := whateverItWas - 3;

[John Jorsett]

Relax.

The office of the Calif. Dept. of Education has been saying this for years. Along with the piece of paper that says homeschooling is not "authorized" comes the three options parents may use to homeschool. In other words, we haven't authorized it, here's what you gotta do to homeschool. They're morons.

I'm not a home-schooler so I don't know all the hoops, but the way it was presented, this directive represented a major policy shift. Something was said about not processing affidavits any more. The fact that a member of the Board of Ed was calling in to get the word out about it, having just received it, indicates that something significant has happened.

Since this is outside my area of experience, I'll bow out now and let the home schoolers follow up on this. Just wanted to let you all know what I'd heard.

[CraigH]

Check it for spelling and grammer!

Umm, that would be grammar. Obviously you were not home-schooled.

[Domestic Church]

Maybe it's time California HSers & PA HSers got a class action going.

[DoughtyOne]

I have a word for the State Board of Ed. "Injunction" And I'll throw in a couple of bonus words too. F them!

[Fundamentally Fair]

I hope you were trying to be funny.

[Khepera]

For a more detailed analysis of home schooling in California, see California—A Legal Analysis.

Compulsory School Age

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"between the ages of 6" by December 2 and "under 18 years of age"

 

California Legal Home Schooling Options:  1  2  3  4
	Option: 1	Option: 2	Option: 3
Legal Option:	Qualify as a private school	Use a private tutor	Enroll in an independent study program through the public school
Attendance:	None	175 days per year, 3 hours per day	As prescribed by the program
Subjects:	Same as the public schools and in the English language	Same as the public schools and in the English language	As prescribed by the program
Qualifications:	Must be "capable of teaching"	Teacher certification	None
Notice:	File an annual affidavit with the county superintendent between October 1 and 15	None	A de facto part of the enrollment process
Recordkeeping:	Maintain an attendance register	None	As prescribed by the program
Testing:	None	None	As prescribed by the program

 

California Legal Home Schooling Options:  1  2  3  4
	Option: 4
Legal Option:	Enroll in a private school satellite program, taking ";independent study"
Attendance:	As prescribed by the program
Subjects:	As prescribed by the program
Qualifications:	Must be "capable of teaching"
Notice:	None
Recordkeeping:	As prescribed by the program
Testing:	As prescribed by the program

CALIFORNIA

Updated August 2001

Compulsory Attendance Ages:	"between the ages of 6" by Dec. 2 (§ 48200) and under 18 years of age." California Education Code § 48200, 48400, 48410.
Required Days of Instruction:	175 days, only for public schools.
Required Subjects:	English and must "offer instruction in the several branches of study required to be taught in the public schools." Grades 1-6: English, mathematics, social sciences, science, fine arts, health, physical education.

Home School Statute: None.

Alternative Statutes Allowing for Home Schools: Home Schools have 4 options:

 

1. Option 1. Under § 48222, the individual home school could qualify as a private school by filing an annual private school affidavit:

    

   1. the instructors must be capable of teaching;

       

   2. the instruction must be in English;

       

   3. the instruction must be in the several branches of study required in public schools;

       

   4. attendance must be kept in a register; and

       

   5. a private school affidavit must be filed with the county superintendent between Oct. 1 and Oct. 15 of each school year. Cal. Educ. Code §§ 33190, 48222.

   In February 1986, the Santa Maria Municipal Court ruled, in two home school cases handled by HSLDA, that the compulsory attendance statute is void because of its unconstitutional vagueness and upheld the right of home schools to operate as private schools. People v. Darrah, No. 853104 (Santa Maria Mun. Ct. Mar. 10, 1986); People v. Black, No. 853105 (Santa Maria Mun. Ct. Mar. 10, 1986).

   Furthermore, in Institute of Creation Research v. Honig,Civil No. 90-0483-B-(M), January 29, 1992, the U.S. District Court of the Southern District of California ordered ... "a private K-12 school is not within the jurisdiction of the State Department of Education for the purpose of approval of courses or course content or issuance of regulations, except as provided by law" (p. 3). This ruling would apply to all home schools that file a private school affidavit.

    

2. Option 2. The home school could have instruction provided by a certified private tutor (Cal. Educ. Code § 48224).

    

3. Option 3. The child could be enrolled in an independent study program at home, using the public school curriculum. Cal. Educ. Code § 51745. Under this option, the child is considered a public school student and has to abide by the rules and policy of the public school.

    

4. Option 4. Home schoolers could enroll in a private school satellite program and take "independent study" through that private school. The private school "independent study program" (ISP) must comply with Cal. Educ. Code § 48222 (see #1 above) Adm. Code Chapter 15 P 51745-517. Many home school families have organized these private ISPs which enroll anywhere from two to several hundred families.

Teacher Qualifications: None, if home school registers as a private school, or enrolls in an independent study program with a private school.

Certification is necessary only if the home school parent chooses to qualify as a private tutor.

Standardized Tests: Not required by statute.

 

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THIS ANALYSIS DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE.
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[Domestic Church]

Injunction isn't corrective enough...time for pay back on all the institutional discrimination.

[Timesink]

I presume that, like most (if not all) other states, the California Board of Ed's financing is partially determined by the number of students in attendance, and every extra warm body adds a five-digit amount of money to their slush fund budget.

In other words, it has nothing to do with Ms. Dey, or anyone else in power in California, actually believing that homeschooling is bad for kids. It's just a way to greatly increase the amount of money they get. Just typical greedy, hate-filled liberal politics.