Legal / Legislative Updates

CALIFORNIA

Continuing the Fight for Freedom

California homeschoolers have gained many freedoms since the 1980s—and that should encourage us as we face today’s challenges to freedom.

One of the most significant steps toward freedom over the last 25 years has been the development of an online filing option for the annual R-4 Private School Affidavit, allowing homeschoolers to deal directly with the California Department of Education.*

Prior to this, parents wanting to homeschool had to obtain the Private School Affidavit from their county education office. This seemingly simple step proved to be problematic. After questioning the requestor to determine whether he or she was operating a campus private school or a homeschool, numerous county education offices often refused to furnish the Private School Affidavit form to a parent, claiming that it was illegal to homeschool unless the parent was a certified teacher. This is untrue, but a few school districts still try to use this objection today.

If a parent was able to obtain a Private School Affidavit, the form was then completed and returned to the county office of education. At this point, it was all too common for the county office of education to send a letter to the homeschool, indicating that it was the county's job to verify the family’s compliance with state education requirements. The letter would tell the family to make an appointment with the county office of education to bring in the homeschool curriculum, attendance register, and teacher qualifications.

While some school districts do still make such requests from time to time, the online affidavit has made annual filing a much smoother procedure.

However, this does not mean that all within the public school establishment now recognize homeschooling via the Private School Affidavit to be legal. Recently, a board member of the State School Attendance Review Board publicly expressed his opinion that most homeschoolers are operating illegally in California.

In fall 2007, Home School Legal Defense Association intervened on behalf of 11 families who were facing allegations of truancy from their school districts. In addition, we assisted 20 families who were having difficulty exiting public school special education programs. And we've helped a number of families who have experienced difficulty in obtaining state assistance or extended benefits for their children simply because their children are homeschooled.

Despite today’s ongoing challenges, many Golden State families continue to homeschool their children and to work for greater freedom. In fact, in the wake of Senate Bill 777’s January 2008 implementation, more and more families are increasingly concerned about the measure’s interference with family values in public schools, and they are exploring educational alternatives. With a bias against homeschooling still entrenched in the educational establishment, it is probably safe to say that families exiting the public schools in order to homeschool will encounter resistance, and in some cases tremendous pressure to stay within the school system. If you know a family considering homeschooling in California, please direct them to www.hslda.org/CalHomeschool.

— by J. Michael Smith