CALIFORNIA
1992 Revisited
School districts are repeating the same tactics they used in 1992 in their attempt to monitor and approve home education programs. One school district, for example, sent a letter to all homeschoolers who had filed a private school affidavit, demanding that the homeschoolers allow the school district to evaluate the following areas:
- Does the private school provide "adequate" instruction in the areas of study required to be taught in public schools?
- Does the private school maintain a record of daily attendance?
- Does the private school maintain a record of the educational qualifications of its faculty?
- If a home school, determine if instruction is being provided by a person who is appropriately credentialed.
- If a home school, determine if instruction is being provided by a credentialed tutor for at least 3 hours a day for 175 days each year.
- Determine if instruction is being offered between the hours of 8:00 a.m. and 4:00 p.m.
The fact that we are continuing to fight the same battles in 1994 that we fought in 1992 confirms to us once again that some school districts are simply more concerned about control of all students in the state of California than they are about obeying the law. The fact that public schools do not have the authority to monitor or approve private school programs is incomprehensible to some school officials, because they are convinced that they are responsible for the education of every child in the state.
The state of California, not unlike many other states, has recognized that private schools are to be controlled and directed by the administrators of those private schools, not the administrators of public schools. Therefore, California has provided a statutory scheme for private schools whereby children who are attending private schools are exempted from attendance at public schools.
One of the requirements for establishing a bona fide private school is filing an affidavit. The affidavit outlines all of the requirements for private schools. The administrator, by signing and submitting the private school affidavit, certifies that the private school is in compliance with all of the requirements.
The California legislature has recognized that schools which have filed a private school affidavit are presumptively bona fide private schools. They do not have to be inspected, approved, credentialed, or sanctioned by a public school or any other governmental body or private credentialing institution. As a matter of fact, there are no elementary or secondary private schools certified by the state of California.
Those who support monitoring and approving course work and qualification of teachers in private schools sometimes argue that the statutory scheme does not give public school officials sufficient information to determine if the children are being educated. This argument presumes that those filling out and filing the private school affidavit are lying when they do so. Some ask, "Although a large majority of those who home school in California are sincere and doing a great job, what about those others who are not?"
We call this the "phantom home school case." It's phantom because it doesn't exist. In our 11 years of representing member families, we have never seen a situation in which a home school family simply files their private school affidavit because they know that they can get away with neglecting their children educationally by doing so. Rather, in California, and in every other state in the Union, there is a statutory and regulatory scheme for detecting real cases of educational neglect and pursuing those through the juvenile court process.
Therefore, when asked to review 1992 again on this issue of whether home schools must submit to requests to review curriculum, etc., our answer is a resounding, "NO!"
Review: Private School Requirements
The following list spells out the requirements for a bona fide private school as sworn to under penalty of perjury by every administrator in the state of California who files a private school affidavit:
- A private school must be conducted in the day time and taught in the English language.
- The instructors must be CAPable of teaching.
- The instructional program must teach the several branches of study commonly taught in the public school.
- An attendance register must be kept with each student therein indicating each absence of one-half day or more.
- 5. A private school affidavit containing the requirements in Education Code §33190 must be filed each year between October 1 and October 15 with the Superintendent of Public Instruction.
Some homeschoolers have asked, "Well, if we actually do all of the above, why don't we just meet with the public school officials so that they will recognize what a great program we have?" That is naïve. Again, there is more at stake than just quality of education; it is about control. Our experience has repeatedly shown situations where families have regretted voluntarily complying with district requests which exceed the law. The inquiries typically go beyond mere academic concerns, and once the district has their "foot in the door" it is very hard to "slam it shut."
We are convinced, after years of dealing with home school issues across America, that the only way to maintain home schoolingfreedoms in the future is to hold public school officials to compliance with the law in the present.
