California
Wise Family Averts Unwarranted Inspection
Unfortunately, school officials sometimes choose contact tactics which can be quite traumatic for home schooling families. Home School Legal Defense Association encourages our California members to be aware of and prepared for these methods.
In Ventura County, a school official assigned to the Child Welfare and Attendance division of the school district, contacted a member family at their home by showing up unannounced on the family’s doorstep, accompanied by a police officer. The school official insisted that they had a right to see the private school records and speak with the student in question. This astute member family refused to allow the school official and police officer into the house or to show any private school records. Later, the school official called the family to schedule an appointment to view and evaluate the school records. Again, the member family advised the school official that the school district did not have any authority to evaluate and observe any school records, since the child was enrolled in the private school in their home.
This family was prepared because they knew the facts of the law:
- School officials are not sworn police officers; therefore, they do not have the authority to enter a private residence without the consent of the occupants.
- Police officers do not have the authority to enter a private residence without the consent of the occupants unless there is probable cause to believe that the child is in imminent physical danger.
- School officials in California do not have authority to inspect the records that are required to be kept by private schools. Education Code § 48222 specifically provides that the only authority public school officials have over private school students is to verify attendance of a student in a private school and to verify the filing of the private school affidavit.
This example demonstrates why it is imperative for HSLDA member families to understand their rights and responsibilities in these three areas under California’s private school laws. Because this member family did understand the issues, the school official’s unlawful efforts were thwarted. It is believed that the contact by the school officials with the member family was instigated by a report from an individual expressing concerns over the child’s education.
HSLDA has informed the school official in writing that the district’s authority does not include the right to observe documentation maintained by private schools. Nor are private schools open for inspection by public school officials. To this date, the family has received no further contact from the school official.
Legislative Season Approaching
The California legislature convened its 1999–2000 session on December 7, 1998. During the 1997–98 session, 5,605 pieces of legislation were introduced, and, of those, 2,031 bills, or 36 percent, actually became law. The fact that over one-third of the bills introduced actually passed is sobering.
HSLDA works in partnership with Family Protection Ministries (FPM) to carefully track any bill that would affect home schooling or parental freedoms in California. Roy Hanson and Jim Davis of FPM tracked over 100 bills during the last two years. Thanks to the teamwork displayed by FPM, California home schooling families, and HSLDA, we were able to defeat bills that would have created a statewide daytime curfew; increased the power of social workers to harass thousands of innocent families; lowered the mandatory compulsory attendance age; and created a master plan for universal preschool.
These victories could not have been accomplished without the leadership and direction of Family Protection Ministries. This organization relies on donations from California home schoolers. In order to continue to provide the same quality protection in the area of monitoring legislation and calling alerts, FPM needs additional staff—and additional support—now. A gift of $30 or more per calendar year will entitle you to the organization’s newsletter six times a year. Both the Christian Home Educators Association of California and HSLDA strongly urge home school families to support Family Protection Ministries, 910 Sunrise Ave., Suite A-1, Roseville, CA 95661.
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California
The 1916 drought at San Diego was so severe that the city hired the famous rainmaker Charles Hatfield. Shortly after he set up his rainmaking towers, so much rain fell that disastrous floods were caused. The city refused to pay Hatfield his $10,000 fee.
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