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In an apparent effort to streamline the filing process, and to save the California Department of Education (CDE) an enormous amount of money on printing, mailing, and labor, the private school affidavit is going to be available online this year.

As Home School Legal Defense Association's July email (or letter) to our members explained, the CDE website will offer a downloadable blank private school affidavit, a/k/a the "R 4 form."

For HSLDA members filing their own R 4, we recommend that you fill it out, sign it, make several copies for your records, and then mail it to the CDE via certified mail. It will be extremely important for you to make your own copies of your signed affidavit and to keep the certified mail receipt as proof of mailing.

HSLDA does not view these procedural changes as a threat to homeschoolers in any way. However, it has become increasingly apparent that officials at every level--from the CDE to county and district schools--have stepped up their rhetoric in an effort to convince everyone that homeschooling is illegal unless the parent is a California certified teacher or enrolled in a public school independent study program. Neither HSLDA nor any other homeschool organization in the state agrees with this faulty interpretation of the California Education Code.

If you have filed your own private school affidavit, keep it in a safe and accessible place along with your proof of mailing. Should a child welfare and attendance (CWA) official visit your private homeschool, you can show him your affidavit and confirm any information already contained in the affidavit. However, do not volunteer any further information. Do not give any information about your children such as names, ages, or grade levels. Do not give any information regarding your teacher qualifications. Do not show any school records such as attendance or curriculum.

Do, however, get the official's business card and tell him that you are required to review all questions with your attorney first. Call HSLDA and we will handle the contact on your behalf.

Many homeschoolers have expressed their concern that if this issue is litigated in California, they might be forced to put their children in public school, they might be arrested, or their children might be removed. HSLDA wants to assure you that none of these scenarios should occur. Since there is no educational neglect provision in California law, a child would not be removed from the home solely because of educational neglect allegations. On the delinquency side of the juvenile court jurisdiction, a minor who is habitually absent from school (normally this would only apply to the minor who is truant from school against his parents' wishes) may be adjudged a ward of the court. However, the California law that gives courts jurisdiction over truants specifies:

. . . it is the intent of the legislature that no minor who is adjudged a ward of the court . . . solely [because of truancy] shall be removed from the custody of the parent or guardian . . .

Should you end up in court, during the time that the legal dispute is in litigation, your homeschool status will remain the same until a court resolves the dispute. At the end of the litigation, we should win, which would end the matter. Even if we were to lose, we will appeal until we win. The usual procedure during the appeal is that the status quo remains until there are no appeals left.

The bottom line? Don't panic. Don't make plans to move. Be vigilant with your prayers that God would preserve our freedom to homeschool. God's plans will not be thwarted.