Across the States
Clarifying Affidavit Confusion
Although California homeschoolers have made a great deal of progress in establishing the legality of home education in their state, sometimes they still find themselves dealing with the misunderstandings of out-of-touch government officials.
The California Department of Education (CDE) holds the position that a parent offering private school instruction meeting the requirements of Education Code § 48222 and § 33190 may file an affidavit with the CDE indicating that a private school has been established. Despite the CDE’s position, parents have faced various difficulties related to the private school affidavit.
For example, a local school district recently asked a Home School Legal Defense Association member family to make their private school affidavit available to the public school in addition to filing the affidavit with the superintendent of public instruction. The implication of the school district’s request is that the attendance officer has the authority to evaluate the information contained in the affidavit to determine whether to grant an exemption from public school to the children in attendance in the private school. However, California requires that the private school affidavit be filed with the superintendent of public instruction, not the public school.
In fact, California education law dealing with the authority of public schools vis-a-vis private schools only grants authority to public school officials as it relates to truancy. Public school officials have no authority to evaluate the quality of education in a private school or any of the statutory requirements for private schools, including whether or not the teacher offering instruction is “capable of teaching.”
You—our members—are our eyes and ears regarding the misconceptions government officials have about homeschooling. Should you personally see or hear of any misunderstanding of state law as it relates to home education via the private school exemption, please contact us. Thank you for your continued vigilance in protecting the freedom to homeschool in California.
— by J. Michael Smith
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