Homeschooling is NOT Imperiled in California

Ace of Spades ^ | March 06, 2008 | by Gabriel Malor

[Amendment10]

To be a private school in California, all the parent has to do is be "capable of teaching" the required subjects in the English language and offer instruction in the same "branches of study" required to be taught in the public schools. They also have to keep a register of enrollment at their "school" and a record of attendance. Once a year they have to file an affidavit with the State Superintendent of Public Instruction with things like their names and address, the names of the students and their addresses, a criminal background check (since we don't want unsupervised felons teaching kids), and their attendance register. That's it.

At least part of the California code concerning the qualification of a homeschool teacher is as follows.

48224. Children not attending a private, full-time, day school and who are being instructed in study and recitation for at least three hours a day for 175 days each calendar year by a private tutor or other person in the several branches of study required to be taught in the public schools of this state and in the English language shall be exempted. The tutor or other person shall hold a valid state credential for the grade taught. (emphasis mine) The instruction shall be offered between the hours of 8 o'clock a.m. and 4 o'clock p.m.

Friendly question, are you saying that your comment about what a parent is required to do to homeschool children in California satisfies § 48224? Your statement sounds oversimplified concerning § 48224, particularly with respect to the part about a valid credential for the grade taught.

[Gondring]

Abusive and ignorant parents, who are poor teachers, give homeschoolers like myself and others a bad reputation.

Yes, they do.

[Mad_Tom_Rackham]

Yes, we need more splendid products of government schools, such as these.

[mountainbunny]

Is that really all there is?

I am somewhat surprised that California doesn’t have a law that addresses homeschooling specifically.

[fire and forget]

There should be no public education. Private enterprises should be allowed to competitively bid for education contracts to do the same thing - and continue to compete. Imagine how lucrative it could be for private companies to be given a shot at even a fraction of state and federal budgets for education and how much BETTER a job would be done. Entrepreneurial genius and resourcefulness would chase those billions and turn out unprecedented results in classrooms in order to obtain and keep contracts.

And to be rid of the teachers’ lobby!

[dpwiener]

I'm familiar enough with the home schooling situation in California to know that this explanation is correct. Yes, you do have to jump through some red-tape hoops in order to declare your home a "private school", but those hoops are fairly easy ones. Ideally there should not be any impediments, but in practice anyone who follows a series of minimal steps will be able to home-school their children.

Anyone who wants assistance (including legal assistance) should go to the Home School Association of California website. They have detailed instructions for how to proceed.

Quite frankly, any parents who lack the ability to search out and follow the necessary steps to be legal home-schoolers probably also lack the ability to adequately teach their children. The bar in California is that low.

So although this appears to be an unfortunate court ruling, it's not too surprising, and it will have little practical effect on most home-schoolers.

[sitetest]

Dear Amendment10,

“At least part of the California code concerning the qualification of a homeschool teacher is as follows.”

Actually, this is the part of the California code that relates to qualification for a private tutor in the state of California. Thus, if you want to teach OTHER FOLKS’ kids privately, you must meet the requirements of section 48224.

As many California homeschoolers have actually directly said on many of these threads, most homeschoolers in California qualify through section 48222, not 48224, becoming a "private school" within their own home. The qualifications cited to which you replied are for 48222, not 48224. To qualify through 48222, one must merely be “capable of teaching,” not a certified teacher.

For parents who wish to homeschool their own children, they may qualify through section 48222, principally by filling out a form R-4, being capable of teaching, teaching a curriculum that covers the various subjects also covered in public schools, and keeping a register of attendance.

There is nothing in section 48222, by which most California homeschoolers qualify to homeschool, that speaks about a "valid state credential."

Thus, section 48224 that you cited is irrelevant to most homeschoolers in California.

sitetest

[gracesdad]

Perhaps you need to check this thread instead of continuing to claim California is outlawing homeschooling.

[don-o]

In the interest of full disclosure, are you posting your own blog? Are you an attorney or do you play one on TV?

[RightOnTheLeftCoast]

The author contends that outrage is not warranted because the L.A. Times misinterpreted the Judge’s decision. The author notes that the parents in question could have registered their homeschool arrangement as a private school and filled out a few forms in order to be in compliance with State law.

But what the judge said regarded the “ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credentialed parent.”

This phrasing is hardly comforting to those, like the author, who believe that filling out a few forms would placate the judge. Filling out those forms to create a “private school” out of thin air would be just the sort of thing a judge like this would declare a ruse.

A measure of outrage is entirely warranted, IMHO.

[jdm]

I just posted the article.

[sitetest]

Good post.

[TruthConquers]

Thank you for your informative post! As a homeschooler in California since 1999, I have filed the R-4 affidavit that allows me to homeschool. I do NOT need to name my child, nor do I need to get a criminal background check, ever! I do tell the State my address and my husband and my names are listed, but that is it!! This Ace guy is just mudding up already muddied waters with all of his misquotes.

It just seems to me that some would like to see homeschoolers under different laws than we currently have. The tutoring laws are much more heavy and burdensome. No thanks.

[wintertime]

But what the judge said regarded the “ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credentialed parent.”
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

The judge's very own words about the “ruse of enrolling a child in a private school” seem threatening enough to me.

Homeschoolers in California have reason to be alarmed and vigilant. Other homeschoolers should be as well, since what happens in courts in California bleeds over into other states.

[Osage Orange]

Abusive and ignorant teachers, who are poor parents, give citizens like myself and others a bad reputation.

[calex59]

yes, I have read the ruling, it states that the parents of homeschoolers will have to be “sent to re-education classes”. I suggest you read the ruling, since it seems you haven’t done so yet.

[Osage Orange]

You WILL provide your PAPERS!!!

/s

[gracesdad]

There’s actually more than one thread explaining how this case is absolutely NO threat to homeschooling.

[Maverick68]

Hey, it’s only a bad thing when it’s done wrong....

[TruthConquers]

LOL!!

I remember well debating if I would ever file or not when I started homeschooling. I know some never do. But if I was ever dragged into court, not following the law could get my family into more trouble than the troubling practice of giving them my whereabouts. But it is bogus that they need the child’s name. I have never given her name. That is my one solace that I remind myself with every year we file.

In fact I am considering her taking a test that the State recognizes as an equivalent to a high school diploma, and it is not a GED. Then I would not need to file ever again after she passes.