California
Department of Justice Criminal Background Checks
A notice on California’s R-4 private school affidavit has caused some alarm among home schoolers. Those who operate home schools under California’s private school exemption are required to annually file this form with the state department of education.
However, there has been some confusion about a provision that does not actually apply to home schools. The R-4 private school affidavit notifies school administrators of their obligation to complete a criminal background check on all paid employees having contact with minor children. Two sets of fingerprints for each employee must be obtained through a local law enforcement agency and then submitted to the Department of Justice (DOJ). DOJ conducts the background check and supplies the “Criminal Offender Record Information” (CORI) to the school administration.
While this requirement sounds scary, it does not apply to home schools. Parents teaching their own children are not required to undergo background checks.
Adding to the confusion over this matter, the DOJ must randomly select and audit private schools to ensure that they understand their responsibilities and the need for the security of the CORI. As the DOJ prepares for the audits, it is provided with a list of private schools in the state of California, but it does not know which are home schools and which are schools that are required to conduct criminal background checks. Unfortunately, this time, several Home School Legal Defense Association member families ended up on the DOJ’s list of schools for Applicant Agency Audits.
The first step in the audit process is a pre-audit questionnaire in anticipation of an on-site visit to the school. Needless to say, the slightest hint of a visit from the DOJ set off all kinds of alarms for these families.
HSLDA corresponded with DOJ field representatives in an effort to spare our members from this intrusion, and to alleviate an unnecessary workload for DOJ personnel.
DOJ agreed that any private “home” school receiving this pre-audit questionnaire would simply return the forms to the DOJ, after writing the following across the top of the questionnaire: “We are conducting a home education program pursuant to the private school exemption and have not requested CORI, nor do we intend to do so.”
If, after you follow these instructions, the DOJ still contacts you for the purpose of conducting an audit, please call our office immediately. However, HSLDA hopes this procedure will resolve the matter and eliminate such additional DOJ contacts. – J. Michael Smith
