From the HSLDA E-lert Service:


7/31/2002 3:54:08 PM
J. Michael Smith, Esq., President of HSLDA
California--Major Changes in the Private School Affidavit Filing Process

From the HSLDA E-lert Service...

Dear HSLDA Members and Friends,

The purpose of this e-mail is to advise our members that we have
reliable information indicating that there will be major changes in
obtaining and filing a California private school affidavit for the
2002-03 school year. Since official details of the change have not
been issued yet by the California Department of Education (CDE),
you'll need to visit the HSLDA website in September, and again just
before completing and filing the private school affidavit between
October 1 and 15. The following is a summary of the information we
have received about the new procedure and how we believe it will
affect you:

- The county offices of education will no longer provide private
school affidavits. Rather, the CDE will begin posting blank affidavit
forms, possibly with instructions, in a downloadable format on their
website. If for any reason you are unable to obtain the private
school form online, check our website before calling us. We have
developed an alternate form and a plan for utilizing it if the CDE's
form is not available to you online.

- Because it appears that individual counties will no longer
distribute or receive private school affidavits, and in light of the
fact that the situation is continuing to develop, we strongly urge
you to not contact public school officials at the local, country or
state level about the private school affidavit.

- In order to stay informed about obtaining and filing a private
school affidavit this fall, check the HSLDA website for updated
information, especially in late August through September. Also, be
sure to check the website just before filing the affidavit between
October 1 and 15, regardless of whether you are filing for an
independent study program or for your own school in your own home.

- This information supercedes the information provided in Chapter 10
of the California Home Education Association (CHEA) manual, "An
Introduction to Home Education."

- Some may be curious why the change occurred. Our information is
that large campus-based private school organizations have objected to
the inconsistent way different counties have handled the distribution
and filing of the affidavits. Therefore, they have urged the CDE to
standardize the affidavit process.

- Although it seems very clear that the private school affidavit will
be provided online by the CDE rather than through the county office
of education, it is unclear how the CDE will handle the private
schools with 5 or fewer students. Some reports have indiciated that
the CDE plans to forward affidavits with 5 or fewer students to the
county office of education, possibly for a truancy investigation.
However, details regarding the actions of the CDE have not been
finalized. Because information is still developing, anything we print
now will need to be updated in the future when the CDE finalizes its

In the long run this change in procedure could be a good thing for
private home schoolers. The next couple of years, however, will be
challenging. We have seen a growing hostility toward private home
schoolers in the past few years and we believe that there will be an
increased number of truancy investigations as a result. This is a
good time to urge your fellow home schoolers to join HSLDA. The CDE
continues to take the erroneous position that private schooling,
whether by a single family or through enrollment in a private school
ISP, is not legal. Many public school officials continue to use a
memo authored by Carolyn Pirillo, Deputy General Council for the CDE,
to try to intimidate home schoolers into enrolling their children in
public school programs (like charter schools and public school
Independent Study Programs).

HSLDA is working closely with Roy Hanson and Jim Davis of Family
Protection Ministries and Christian Home Educators Association on
this issue. For more detailed information on this issue, read the
recent article from Roy Hanson's "Legal-Legislative Update"
newsletter at the link below.

Stay tuned to our website. There has been no change in the law.
Remain informed and remain confident in our Lord for He is our

Sincerely yours,

J. Michael Smith, Esq.
President, Home School Legal Defense Association

The HSLDA E-lert Service is a service of:

Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733

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