| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 8/12/2002 1:54:24 PM J. Michael Smith, Esq., President of HSLDA California--Update: Private School Affidavit Offered Online |
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---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- Dear HSLDA Members and Friends, Because of the high number of calls, emails and faxes from understandably anxious members in California, we will be providing a weekly status report on the developments in California. Many details regarding the new procedures for filing the private school affidavit still remain unclear. We will do our best to keep you informed with the latest information we receive. PLEASE share this information with your support groups and home school friends who do not have internet access. Also, the next issue of the Home School Legal Defense Association Court Report will have detailed instructions on how to handle a visit from a school official to your private (home) school. It has become increasingly apparent that officials at every level-- from the California Department of Education (CDE) to county and district schools--have stepped up their rhetoric in an effort to convince everyone that home schooling is illegal unless the parent is a California certified teacher or enrolled in a public school independent study program. Neither HSLDA nor any other home school organization in the state agrees with this faulty interpretation of the California Education Code. We have seen the numerous letters sent out by various County Offices of Education with misstatements ranging from "you will not be able to file a private school affidavit" to "you do not need to file a private school affidavit." Both untrue. HSLDA still recommends that you either file the private school affidavit or join an independent study program. As HSLDA's July email to our members explained, the CDE website will offer a downloadable blank private school affidavit, a/k/a the "R-4 form." Periodically check their website to see when the form goes on- line: http://www.cde.ca.gov/privateschools/ . 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 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. If it appears that the form will be password protected (we don't expect the CDE to be cooperative in handing out passwords), HSLDA will put an alternative private school affidavit on our website. It will be accessible to members and non-members alike. However, HSLDA's alternative form will not go live until we are certain home schoolers cannot obtain one from the CDE's website. Many of you have expressed concern that if this issue is litigated in California, you might be arrested, forced to put your children in public school or have your children removed from your home. 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. 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 in some circumstances be declared 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 over this affidavit dispute, your home school status will remain the same until a court resolves the matter. 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 home school. God's plans will not be thwarted. Sincerely yours, J. Michael Smith President of HSLDA {{JoinAd}} ---------------------------------------------------------------------- The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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If this is an invalid e-mail address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this e-mail address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any e-mail sent to this address. If you have comments or questions, please send e-mail to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also e-mail staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ---------------------------------------------------------------------- | |
