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CALIFORNIA

Private School Problems Lead to Prosecution

School officials all across California continue to inform home school families that home schools cannot legally operate as private schools or through independent study programs. This information is coming from the State Department of Education, various county superintendents, and school districts. There does not appear to be any geographic method to this madness; the misinformation is widespread.

Home School Legal Defense Association's position is that home education is legal in California under the private school statue. (Please see the September/October 1994 issue of the Court Report for detailed legal support of our position.) Our office continues to get questions from home schoolers who ask, "If it's so clear that home education is legal using the private school statute, why don't the State Department of Education and the hostile school districts throughout the state 'get it'?"

Some within the education establishment are very concerned that there be enough government control over home educators. They dislike the freedom and flexibility the private school exemption provides: home schoolers simply notify once a year via the private school affidavit and comply with the private school requirements. Private schools are not subject to prior approval, evaluation or accreditation by the public schools.

These individuals seek ways to restrict home education, looking to prior case authority to argue that home education is not legal under the private school exemption. They specifically rely on two cases, People v. Turner and In re Shinn, to support their position that home education is only legal when the parent is a certified teacher. (Again, please see the September/October 1994 issue of the Court Report for our legal analysis of these two cases.)

When member families are contacted by school districts who assert the illegality of the private school/home school program, we respond by refuting their reliance on Turner and Shinn, and pointing out five additional basic arguments in support of our position:

1. The California School Boards Association agrees with our position.
2. The California State Department of Education has previously agreed with our position.
3. The United States Department of Education agrees with our position.
4. The majority of the school districts in the state of California agree with our position.
5. A trial judge, the Honorable Barbara Beck of the Santa Maria Municipal Court, agrees with our position, and did so in a trial level case, People v. Darrahand Black.

Our experience has been that, after school officials are able to read and understand our position, a prosecution does not ensue.