Is home schooling illegal in California ?


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enlightener

This is outrageous what the governmant is doing.

http://www.wnd.com/news/article.asp?ARTICLE_ID=28644

Home-schooling illegal

in California?

State tells parents they can't teach their own kids without credentials

The state of California is warning parents that they cannot educate their children at home without acquiring a professional teaching credential.

Home-schooling illegal in the Golden State?

Activists say that if your information comes only from the state's Department of Education, that is the obvious conclusion.

But legal defenders of home-based education argue that "home-schooling" is not even mentioned in California law and is legal under a statute that allows any parent to operate a "private school," even if the student body amounts to one. California is one of 12 states where home-schooling is accomplished under a private school exemption.

Nevertheless, on July 16, the California education department issued a memo that stated:

"In California, home-schooling ? a situation where non-credentialed parents teach their own children, exclusively, at home whether using correspondence courses or other types of courses ? is not an authorized exemption from mandatory public school attendance."

This is pure deception, contends home-school legal advocate Roy Hanson, director of the Lincoln, Calif.-based Private and Home Educators of California.

"One of the things the school district obviously is trying to do is use this to frighten people into joining the public school program," he said.

The memo, printed on the stationery of state Superintendent of Public Instruction Delaine Eastin, informed local educators of a new procedure that private schools must use to excuse their students from public school attendance. Private schools are required to file an affidavit for that purpose between Oct. 1 and Oct. 15 each year. The new method allows them to file via the Internet, directly with the state office.

The July 16 memo's reference to home-schooling continues:

"Furthermore, a parent's filing of the affidavit required of a private school does not transform that parent into a private school. Therefore, those parents who home-school their children are operating outside the law, and there is no reason for them to file an affidavit."

Michael Smith, president of the Home School Legal Defense Association in Virginia, is amazed by the state's position.

"It's really absurd when you think about it," he said, "because California, supposedly this forward state, would be the only state in the union that would require home-schoolers to be certified teachers."

The state's interpretation of the law has been communicated in various ways for about 10 years and is designed "to intimidate people not to home-school," said Karen Taylor, president of the California Homeschool Network

In spite of the July memo, according to Taylor, home-schooling families will continue this year as usual.

"They can say anything they want to, but the law has not changed," she said. "That is the important thing."

"Your child will be considered truant"

But the memo is being taken seriously by local education administrators.

The San Diego County Office of Education sent a letter Aug. 2 to "private school administrators" ? which includes home-schooling families ? informing them of "recent and urgent information" regarding the filing of private school affidavits. The fourth paragraph directs their attention to the July 16 memo's warning about home-school instruction.

The San Diego County letter concludes that, "As a result, non-credentialed parents who have home-schooled their children in the past can no longer file affidavits."

Without an affidavit, the letter warns, "your child will be considered truant."

Enclosed with the letter was a list of area programs with "credentialed home-school teachers that can assist you with your home schooling efforts." These are home-school programs conducted with oversight from the local public school district, said Smith, including charter schools and independent study cooperatives.

The San Diego letter concludes with, "Our sincere apology and regrets regarding this matter. Unfortunately this situation is not in our control."

Hanson said, however, that on Thursday he and other home-school defenders received assurances from a new attorney with the Department of Education, Roger Wolfertz, that the state must accept an affidavit from any parent who desires to teach at home. Wolfertz made that clarification at a meeting of the California State School Attendance Review Board, an advisory body to the superintendent of public instruction.

Will home-schooling families in California be informed that despite the July 16 memo and other comminuques, they can file their affidavits as usual and continue homeschooling?

"We don't expect that," said Jim Davis, legislative liaison for Hanson's group.

Have California parents been deliberately misinformed by the state regarding the legality of home-schooling?

"I would go so far as to say this, they probably have been deceived in the past, and they're being even more deceived now," said Hanson.

The California Homeschool Network's Taylor agrees that the state has been putting out false information "to intimidate people not to home-school." She speculates that the motivation is money.

"That's all I can think of," she said. "Home-school children are doing well ? there doesn't seem to be any argument academically or socially. When our children are not in the school system the districts lose funding."

Hanson explained that funds are allotted according to how many students are enrolled. Each school-age child that does not enroll in the local public school represents lost potential income of $4,000 to $6,000.

The state's increasing pressure on home-schooling families comes at a time when family advocates such as James Dobson are saying "it's time to get our kids out" of California's public school system.

In a speech at the National Religious Broadcasters convention in February, he noted that the California legislature has mandated the teaching of "homosexual propaganda" in the state's public schools.

California home-school legal defender Gary Kreep, president of the U.S. Justice Foundation in Escondido, near San Diego, agrees that funding is a motivation for rejecting home-schooling, but also believes that some officials don't like home-schoolers because they are independent thinkers.

"If you're not in public school you can't be indoctrinated to think that homosexuality is fine," he said. "You can't be indoctrinated with the teacher's union or the educrats who want the children to think (a certain way)."

On its website, the Homeschool Association of California conjectures that the state's "motives range from the greedy to the noble," but believes it should be given the benefit of the doubt: "It is possible that well-meaning employees of the state have looked at the question and concluded that state law does not permit families to do this."

Vigorous opposition

Home-school watchers in California say recently retired Department of Education attorney Carolyn Pirillo, deputy counsel to the superintendent, was the primary influence behind the state's insistence that home-schooling by parents without a teaching certificate is illegal.

Hanson said opposition to home-schooling at the Department of Education has become more vigorous in the last year, a development that has corresponded with a major change in the staff that handles private school affidavits. Home-schoolers who call the department often are harassed, he said.

The Homeschool Association of California says it has been informed that officials in some counties and at the Department of Education are denying parents access to the private school affidavits, advising them that the private school option is not legal for home-schoolers.

Department of Education communications coordinator Nicole Winger told WorldNetDaily she was not prepared to comment on the state's position on home-schooling but believes the July 16 memo stating that it is not legal without certified teachers "speaks for itself."

In a May 10 letter citing provisions of the federal No Child Left Behind Act of 2001, Superintendent Eastin cited two California court cases to back her argument that a parent must be certified in the grade level he or she wishes to teach.

The Home School Legal Defense Association's Smith insists that there are three problems with this decision. He says, first of all, the court was wrong in making the assumption that the state actually supervises private schools. The state has no such authority, Smith contends. Second, the current private school affidavit requirement was not in existence in 1953. Third, he cites the 1963 U.S. Supreme Court case, Sherbert v. Verner, "which established that whenever there is a violation of an individual's fundamental right (such as parents' right to educate their children, or the right to free exercise of religion), the compelling state interest-least restrictive balancing test must be applied, rather than the reasonable relationship test."

Eastin also cited the 1961 case of re Shinn, in which a California court determined that the Shinn family's claim to have established a private school in their home did not comply with the state's private school law.

Smith argues that the court determined the family was not in compliance because the Shinns were not teaching their children the required subjects. The court assumed the legality of private home-schooling, Smith contends, then sought to determine whether the Shinn family met private school requirements.

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Glowstick

Home Schooling -> No diplomes

Home Schooling -> Usually Redneck-Creation

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enlightener

Publik skool = indoctrination into political corectness, NO independent thinking, NO education

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enlightener
Originally posted by Tom Servo

Home Schooling -> No diplomes

Tom Servo, you know what is a high school diploma good for, don't you ?

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freightgod
Originally posted by Tom Servo

Home Schooling -> No diplomes

LOL Home Schooling -> My kids can spell, at least!

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WinterHaze
The state of California is warning parents that they cannot educate their children at home without acquiring a professional teaching credential.

i thought it was always like that...

well anyways i can see why though, bc this way if the parent has to goto the trouble of getting that then they are more likely not to just say yah im gonna teach them at home and blah blah. I would think for the lazy parents if they went to this trouble they would want to put it to use.. and besides if you have to have teachers at school who (are suppose too) know what they are doing then it should be the same if u do home schooling.

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WinterHaze
Originally posted by freightgod

LOL Home Schooling -> My kids can spell, at least!

rofl

leave him alone !

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NOS482
Originally posted by enlightener

Publik skool = indoctrination into political corectness, NO independent thinking, NO education

Home schooling is mainly done by the religious thus cutting their children off from the real world and making them easy targets for cults like Koresh and Jones. If anything it is the religious who are against independent thought and secular education about the real world. The bible is not a good or accurate text book. As for being politically correct that has more to do with being tolerant of others, another thing the religiously are quite poor at (They are mainly tolerant only if they think they can convert you).

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enlightener

Sera Eve: In other words you are for Communism. Did you know that publik skoolz are Communist idea ? It was laid out by Marx in his Communist manifesto.

Frankly most parents are capable of theaching their own much better then any teacher with so called "credentials".

All you need to teach the kids is read, write and basic math and anybody can do that.

Except publik skoolz, that's why 40% 4th graders don't know how to read yet. Good job. Publik skoolz. are breeding ground for the criminals. Remember all those shootings in schools ? Well, it was all done by public schools students, so don't tell me they can teach any morals.

See my spelling errors ? That's because I went to publig skools.

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bayrider
Originally posted by enlightener

Frankly most parents are capable of theaching their own much better then any teacher with so called "credentials".

All you need to teach the kids is read, write and basic math and anybody can do that.

this is by far the dumbest comment ive read on Neowin to date... maybe parents can teach at an elemtary level, but i can assure u that 99% of parents cannot teach their children half the stuff we learned in high school. according to you all parents have graduated and have a degree in education/teaching, english, math, science, engineering etc...

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WinterHaze
Originally posted by enlightener

Sera Eve: In other words you are for Communism.

i didnt say that at all...

Frankly most parents are capable of theaching their own much better then any teacher with so called "credentials".
i dont agree with that at all

many reasons why that isnt true

All you need to teach the kids is read, write and basic math and anybody can do that.

there are many foreign people. what about them whos going to teach them to read, write, and do basic stuff in english?

what about those who have parents who cant do all of that stuff, how will they teach their children?

Most* parents can not do this. what if they arent good at a certain subject.. then their kid wont understand or do well with it.

there is a need for it. A strong need too.

that's why 40% 4th graders don't know how to read yet.

thats not necessarily the schools fault...

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postertoad
In other words you are for Communism. Did you know that publik skoolz are Communist idea ? It was laid out by Marx in his Communist manifesto.

You always say Communism like its a bad thing. Communism is one of the greatest theories never tried. Perhaps someday we will be evolved enough to try it. Ooops, that right - humans dont evolve - LOL. Well, some appear to evolve slower than others at least ;).

I would bet even Jesus was a communist.

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Glowstick

Don't know what's your ideas over in the USA, but they're surely ****ed up again.

You need diplomas here for entering universities. Also home school can't get you indepth knowledge of stuff, or are you trying to tell me that some simple parents can replace the math teacher, chem teacher, physics teacher etc? No ****ing way.

Publik skool = indoctrination into political corectness, NO independent thinking, NO education

I was on a public school, wasn't indoctrinated, i HAVE education and can think independently.

By the way, are you JimF?

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NOS482

Originally posted by enlightener

Sera Eve: In other words you are for Communism. Did you know that publik skoolz are Communist idea ? It was laid out by Marx in his Communist manifesto.

Communism is an economic system. Plus, public schooling existed long before Marx invented Communism.

Frankly most parents are capable of theaching their own much better then any teacher with so called "credentials".

Only if you want your children to grow up ignorant of the real world.

All you need to teach the kids is read, write and basic math and anybody can do that.

In order for a child to make in today's world they need far more than that. Are you Amish?

Except publik skoolz, that's why 40% 4th graders don't know how to read yet. Good job. Publik skoolz. are breeding ground for the criminals. Remember all those shootings in schools ? Well, it was all done by public schools students, so don't tell me they can teach any morals.

96% of those over the age of 15 can read. In the so-called good old days, which you want back, it was the opposite.

As to your assertion about violence in schools it is actually way down. The news just makes it seem worse than it truly is. I.E. Last Summer it was the Attack of the Sharks when in fact there were no more shark attacks than usually, it is the same with child abductions this Summer. Also, most of these school shooters were from so-called good upstanding Christian homes.

See my spelling errors ? That's because I went to publig skools.

I went to public school as well and my spelling is good. Maybe it is just that you're stupid and you want to blame it on the schools?

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Glowstick
Originally posted by enlightener

blahblahblah...

See my spelling errors ? That's because I went to publig skools.

No, you're just a retard and acting around. If you'd have paid attention in school, you'd be able to spell. But I guess you didn't want to waste your time on school and preferred to hang around with your ghetto friends.

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NOS482
Originally posted by bayrider

this is by far the dumbest comment ive read on Neowin to date... maybe parents can teach at an elemtary level, but i can assure u that 99% of parents cannot teach their children half the stuff we learned in high school. according to you all parents have graduated and have a degree in education/teaching, english, math, science, engineering etc...

Didn't you know? All a child needs to know is how to read the bible and they will grow up a "moral" and "decent" person who will do whatever they are told as long is it is from the clergy.

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WinterHaze
Originally posted by NOS482

Didn't you know? All a child needs to know is how to read the bible and they will grow up a "moral" and "decent" person who will do whatever they are told as long is it is from the clergy.

:p

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enlightener

It's funny that according to most statistics home-educated kids are far more advanced than public schooled. They have much better education and are much better prepared to enter college.

AS a matter of fact there are some who managed to finish college by the age of 18.

So don't give me this nonesense about home schoolers being behind, if anything they are far ahead.

I want to see the results, not 'credentials' of so called teachers. And why should the governmant ve invloved in education period ?

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Guest deadzombie
Originally posted by Tom Servo

Don't know what's your ideas over in the USA, but they're surely ****ed up again.

You need diplomas here for entering universities. Also home school can't get you indepth knowledge of stuff, or are you trying to tell me that some simple parents can replace the math teacher, chem teacher, physics teacher etc? No ****ing way.

I was on a public school, wasn't indoctrinated, i HAVE education and can think independently.

By the way, are you JimF?

Have you lost your mind?

So your saying that my mother, who has been a school teacher for over 30 years in various grade levels and has 5 degrees (ranging from B.A. in History to P.H.D.'s in Language development and Arts) couldn't home school?

I earned my own Engineering degree through the Grandfather clause in Texas (meaning I learned by experience / self taught) and I have a B.A. ... not to mention I've self started three successful business's without any schooling in business math/ theory and I currently work at home by my own designs. You think I couldn't teach my own children an elementary school education quicker and more in-depth than what public schools can do with their over crowded classrooms and restricted curriculum? I have good friends that home school their children and they are incredibly intelligent, have many school age friends, take field trips, play music and sports, and even have time left for a few good video games ;)

I disagree with everything you say about home schooling. You obviously have little or poor experience with home schooling.

Besides, how do you think kids were taught during all the centuries prior to public schools?

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postertoad

Hehe, I have to agree with DeadZombie on this one. [Arghhh, not again?!?!] The majority of homeschooled kids I've met are smarter than the average bear. Unfortunatly, there so smart we almost never hear about them. What we do hear about is the bibly thumpers whining about the creation myth which creates a horrible pictures in our heads of little children being taught nothing but the Koran, err, the Bible. Its a very scary picture, but I dont think its the majority. At least I hope not. :ponder:

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NOS482
Originally posted by enlightener

It's funny that according to most statistics home-educated kids are far more advanced than public schooled. They have much better education and are much better prepared to enter college.

AS a matter of fact there are some who managed to finish college by the age of 18.

So don't give me this nonesense about home schoolers being behind, if anything they are far ahead.

I want to see the results, not 'credentials' of so called teachers. And why should the governmant ve invloved in education period ?

I don't think religious colleges count. :)

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NOS482
Originally posted by postertoad

Hehe, I have to agree with DeadZombie on this one. [Arghhh, not again?!?!] The majority of homeschooled kids I've met are smarter than the average bear. Unfortunatly, there so smart we almost never hear about them. What we do hear about is the bibly thumpers whining about the creation myth which creates a horrible pictures in our heads of little children being taught nothing but the Koran, err, the Bible. Its a very scary picture, but I dont think its the majority. At least I hope not. :ponder:

This maybe true of those who were taught to some standard, but I've seen many who were taught according to their parent's religious beliefs and they are very lacking. In fact I've only ever met kids who were home schooled for religious reasons.

I only see two valid reasons to home schooling as the primary learning environment;

1. You live in an area where there is no local school and the only school available is just too far away.

2. You are too physically disabled to attend a school on your own.

P.S.

Wasn't there an article recently which stated that those stats showing that home schooled kids did better had been "massaged" to give a more favorable result? Also, wasn't there also a segment on 60 Minutes, or some simular show, which showed the same thing?

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enlightener

NOS482:

Who cares what you think the valid reasons to home schooling are ?

Who are you that we should listen to you ? Parents are the ONLY people who will decide it. Not the communist minded government.

I suggest that you get married and have your own kids and send them to school if you want, but stop deciding what others will do with their own kids.

The only reason diabolical communist-minded people don't like homeschoolers is not because they care about the kids, but because they are afraid that the kids will turn out to be religious independent thinkers and one day they will speak against them.

I'm sure that's your mindset too.

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NOS482

Originally posted by enlightener

Who are you that we should listen to you ? Parents are the ONLY people who will decide it. Not the communist minded government.

You still don't have a clue of what Communism actually is.

I suggest that you get married and have your own kids and send them to school if you want, but stop deciding what others will do with their own kids.

It takes a village to raise a child. Humans are social animals and you want to deny this.

The only reason diabolical communist-minded people don't like homeschoolers is not because they care about the kids, but because they are afraid that the kids will turn out to be religious independent thinkers and one day they will speak against them.

There you go again with your mistaken idea of what Communism is.

BTW, "religious independent thinkers" is an oxymoron. If anything religion discourages independant thought since people would start to question what they are told if they actually had a chance to think about it on their own.

I'm sure that's your mindset too.

At least I have one.

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freightgod

Everyone hug a kitten and take a deep breath...there, isn't that better?

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