I have read the whole case now and HSLDA is very right to be worried. In fact, the case is more dangerous than I had thought when I was talking to you earlier. The most dangerous part of this case is where the judge discusses favorably a 1950’s era California Court of Appeals case which indicated that homeschools could not be treated as valid private schools under state law. This is very dangerous because CA does not have a seperate homeschooling section (only a very burdensome home tutor section which requires that the home tutors be credentialed) and the vast majority of homeschools in CA are registered as private schools. Here is the relevant section from this case discussing the Turner case.
“Additionally, the Turner court rejected, and noted that courts in other states had also rejected, the notion that parents instructing their children at home come within the
private full-time day school exemption in then-section 16624 (now section 48222). The court stated that a simple reading of the statutes governing private schools and home
instruction by private tutors shows the Legislature intended to distinguish the two, for if a private school includes a parent or private tutor instructing a child at home, there would be no purpose in writing separate legislation for private instruction at home.”
Yes, by pushing this idea that Sections 33190 and 48222 don't protect homeschoolers, this family and the HSLDA are building an argument against California homeschoolers.