"In the more recent past, we believe that aggressive home school advocates have counseled home schoolers to attempt to bring their practice within the private school exemption by filing a Private School Affidavit. Home school advocates apparently assume that, once such a Private School Affidavit is filed, the home schooled children are no longer truant under the compulsory education law."

Private home educators in California have successfully and legally complied with the private school laws for more than two decades. No law in California has changed. The laws relating to private schools do not limit schools by size, location, relation of pupils to teachers and administrators, teaching materials, nor state approval of teachers via credential or license. The CDE has erroneously claimed during the past ten years that private schools must be "businesses, soliciting enrollment from the public at large;" that they must offer "services for compensation;" and more. Local public school authorities have generally ignored such statements, and home education has continued to grow and prosper. For at least the past 20 years, the State Legislature has not only understood, but also supported the right of parents to establish and operate private schools in their homes.

For more information on the legal status of home education in California, read HSLDA President Michael Smith's letter to the California Legislature.