Home-school battle heats up in California

Confusion over California's insistence that home-schooling is illegal has prompted the state's superintendent of public instruction to call on lawmakers for help.

The development comes as a local district enforcer of the state's mandatory school attendance statute says it plans to visit families who appear to be violating the law by teaching their children without a credential.

Citing a barrage of angry responses from home-school advocates, Superintendent Delaine Eastin said in an Aug. 27 letter to state legislators that "false charges" and "misinformation" leveled at her "make me believe that the situation cries out for a legislative solution."

WorldNetDaily reported Aug. 19 that Eastin's office issued a memo in July stating that parents without a teaching credential who home-school their children are "operating outside the law."

The California Homeschool Network has accused the Department of Education of lying about the legal status of home-based education.

The July 16 memo from Eastin's office, warning that home-schooling is illegal, is "deliberately deceptive," charges the California Homeschool Network Legal Committee in an Aug. 22 letter to Joanne Mendoza, the deputy superintendent who signed the memo.

"You have slandered thousands of tax-paying, law-abiding citizens, some of California's most dedicated parents, by labeling them as criminals, with no reference to California state education codes or cases," wrote the legal committee's Lindsay Danesi.

The letter was copied to California Gov. Gray Davis, Republican election opponent Bill Simon and WorldNetDaily, among others.

A state legislative aide who asked not to be named, told WorldNetDaily that if the Department of Education's claims are true then some members of his family are criminals.

Home-school advocates argue that California law makes no mention of home-schooling. They contend it has been accomplished legally under the education code's provision for private schools, which requires that the instructor be "capable of teaching" – not credentialed – and the annual filing of an affidavit to the California Department of Education, or CDE, between Oct. 1 and 15.

The CDE maintains that the affidavit does not authorize a school to operate, but merely verifies, for record-keeping and other purposes, that it exists.

"The law is clear as written, and it has not changed. Private schooling by families is legal," asserted Danesi in a statement Friday. "Home-schooled children are receiving an excellent education. Delaine Eastin's responsibility is to ensure the same for public-schooled children."

But the CDE also bases its argument on the fact that home-schooling is not mentioned in the law.

Eileen Gray, a CDE deputy counsel, argues that the education code specifically mentions alternatives to public school that comply with the compulsory attendance law – including tutoring and independent study programs – and home-schooling is not one of those options.

"We live and die by what the law says, and the absence of mention, to me, is not an authorization," Gray told WND.

Meanwhile, at least one local district says it plans to visit the homes of about 60 parents who appear to be home-schooling their children, based on affidavits filed last year.

Roberto Casas, director of child welfare and attendance for the Chino Unified School District in San Bernardino County, east of Los Angeles, wrote a letter to these families earlier this year, obtained by WorldNetDaily.

The letter states: "If your school is conducting a home-schooling program in which children are being instructed exclusively at home by non-credentialed persons, using a correspondence course, or another type of curriculum, it is likely that your school is not in compliance with the requirements of the compulsory school attendance laws of California."

Casas told the Chino Champion weekly newspaper in August that he plans to have someone from his office visit the families to make sure they are not in violation of California law. An assistant to Casas told WND that the visits have not been made yet, noting that public school classes were not underway.

According to the education code, "it is incumbent upon the local school district to go out and check up and make sure these kids are in fact going to school," Sherman Garnett, coordinator of child welfare and attendance for San Bernardino County, told WND.

Garnett said the district will work with the parents to ensure their children are enrolled in an authorized program.

"The school districts in California are not out there to go out and hunt down home-schooling kids," he said.

If a parent resists, Garnett said the case would be brought to his county office.

"We would then go out and exhaust all efforts," he said. "We're talking about six or seven months of trying to work with the parent," he said.

"Prosecution is the very, very last thing we're going to do," Garnett added. "I've been in this position for five years and we have yet to prosecute a home-schooling parent."

In August, the Chino district's Casas sent out another letter to families who, according to their affidavit, appear to be home-schooling. He invited the families to "enroll in the district's home-based independent study program, a viable alternative to classroom instruction."

Among the benefits, he said, are "using state- and district-approved textbooks" and "being enrolled in an approved" program, school and district.

Michael Smith, president of the Homeschool Legal Defense Association, says "home-schoolers who desire to continue with private home education have simply ignored these letters" that say home-schooling is illegal, but "join us and you'll be fine."

The letter from Casas, which quotes the education department's July 16 warning about home-schooling parents "operating outside the law," notes that private schools with more than five students can file their affidavit on the Internet, while those with five or fewer must call the district directly to request the affidavit form.

Home-school advocates point out that this enables the district to "flag" home-schooling families.

The Department of Education continues to receive affidavits from families who appear to be home-schooling, according to Andrew Andreoli, a department administrator who oversees the recording of data on private schools.

Andreoli told WND that a full-time staff of five is handling inquiries on the issue, receiving many angry calls from parents who want to debate the legality of home-schooling. But he says his office tries to remain neutral.

"All we tell them is that they are free to file the affidavit, and it's up to them to deal with local officials," he said.

Andreoli said many of the complaints come from San Diego, San Bernardino and Sonoma counties, where education offices issued a memorandum referring to the state superintendent's interpretation of the law.

"I guess if we were to take a political stance and interpret that it's OK to do home-schooling, we would get as much flak from the California Teachers Association as we get now from the home-school associations," Andreoli said of his office. "So we're kind of in between. It's a politically loaded question."

Andreoli said, however, that, in his view, the state's concern is that home-schools operating as private schools lack oversight to ensure that children are safe.

"Nobody writes stories about some of the complaints we get about private schools, about teacher abuse, about people working private schools that haven't had criminal background checks," he said.

Home-schoolers have no accountability, contended San Bernardino County's Garnett.

"Who do they report to?" he asked. "How do you know if the child has actually received a high school education, which is required to get into a university?

In her letter to lawmakers, Eastin said if home-schooled children "were exempted from compulsory education laws by the mere filing of an affidavit ... then there would be potentially thousands of children in California whose education would not be subject to any supervision whatsoever."

Advocates, such as the Homeschool Legal Defense Association's Smith, argue that parental supervision has worked well for home-schoolers across the country, who according to studies, tend to score higher than their public and private school peers on standardized tests.

In contrast, the Sacramento Bee reported Friday that just three of 10 California students meet the state's language arts standards, according to test scores released Thursday. Four of 10 second-graders meet the state's new math standards, with proficiency levels dropping in most subsequent grades. At the high school level, 21 percent of 10th-graders were proficient in geometry, and 24 percent proficient in world history.

The paper reported that despite the seemingly discouraging numbers, state education officials emphasized that California's system for school accountability is still evolving. The testing, the Bee said, began as part of Gov. Davis' pledge to make school accountability a pivotal focus of his administration.

According to a state Senate aide, Eastin's request was not taken up by the Legislature, which adjourned this past weekend and is not scheduled to officially reconvene until the next session, in January. In the meantime, every State Assembly position is up for re-election in November, along with half of the Senate seats.

Lawmakers were not available for comment as they wrapped up deliberations, which did not conclude until early Sunday morning.

The Homeschool Legal Defense Association's Smith believes that the law has worked well as it is and warns that "in nearly every state where a specific 'home-school law' has been passed, the new law has resulted in more regulation of home-schoolers than we have in California."

Eastin's letter to lawmakers indicates that restriction of home-schooling is her intent, Smith contends.

"She asks the Legislature to consider state authorization, 'conditions' to be placed upon the 'quality of education being offered in a home school' and delineating of 'qualifications or resources that a parent needs' to home-school his child," Smith wrote in a brief last week.

"If the Legislature chooses to address Eastin's concerns, we can be assured that there will be an attempt to put more restrictions on home-schoolers," said Smith. "Eastin states these restrictions are needed in part to 'ensure some level of quality and innovation.'"

I heard about this....

I have a degree in education, so I would be "qualified to home school my kids". But my husband, who has a degree in Chemical Engineering would make a much better teacher in science, math, chemistry, physics, calculus, trig, geometry, algebra, etc. etc. etc. etc. He had more actual academic classes, where I had a lot of mumbo jumbo "education" classes [brainwashing].

This is a long, thorough and good article. However, it fails to mention the court cases in California in which home schooling parents have had their right to do that vindicated. The very first thread on this subject, about 10 days ago, cited the three (or was it four?) lower court decisions already in place, ruling for the parents.
The court cases are essential to the story for two reasons. First, they put the lie to the claims of the educrats of the state's "edukashun" plantation that "the law has not changed," and "we're just enforcing the law." Second, I know from experience that a lawyer and client walking into any local courtroom, armed with three or four other local court decisions that go their way, are very likely to win their own case on the same subject.
Courts are human. Judges don't like to be embarrassed by having their decisions slapped down on appeal. Therefore, showing the next judge that several of his/her colleagues have ruuled a certain way, runs the odds up to 95% that this judge will do the same.
Note that the article shows a slight crack in the juggurnaut of the educrats. Those bozos are now trying to punt the ball to the legislature. Even though the educrats are incapable of feeling embarrassment, apparently they can feel the heat.
(Reforming public education is, of course, one of the central points in my latest book.)

Congressman Billybob

Click for latest column: "The Star-Spangled Banner."

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Home-schoolers have no accountability, contended San Bernardino County's Garnett.
"Who do they report to?" he asked. "How do you know if the child has actually received a high school education, which is required to get into a university?

What percentage of graduating government-schooled students received a high school education? 30%?

Delaine Eastin and the educrats are worried homeschooling threatens the public school monopoly. So naturally they would like to make enough threatening noises to ensure parents don't exercise that tempting option. Unfortunately for them it's a move that will backfire and make homeschooling more popular than ever by focusing people's attention on the fact there IS an alternative to the public school monopoly. As it is the twit Eastin wouldn't have helped make homeschooling so visible and attractive if she just had the good grace to shut up. Thanks to liberals like her homeschooling will have a great future despite the fact if they had it their way there would be no way for parents to ever take advantage of it.

Yeah, homeschooling parents should just capitulate and use CA's failing reading curriculum, math curriculum, revionist history books, homosexual indoctrination, etc., etc. My, that sounds so attractive. Perhaps parents should say that they will enroll their children inindependent studies programs if they can use their own curriculum. Many parents use a religious-based curriculum. Are the public schools willing to accept that? If they refuse to accept that, will parents lose their right to choose a religious-based education for their children? This could go to court just on the religious issue alone.

From the article: "How do you know if the child has actually received a high school education, which is required to get into a university?"

Duuhhh!! They pass the university's required entrance exam, you mental moron! They also pass the CAT or ACT, or any other standard test, and most likely kick some public school butt in the process!

Actually, if the child had received a "high school education" by the State's definition, then I would say that their homeschool education was a failure. Universities are welcoming homeschooled students with open arms because they come ready to learn and don't need all the remedial classes that so many incoming freshmen do, and they usually exibit a maturity level that is beyond their peers.

Many parents use a religious-based curriculum. Are the public schools willing to accept that? If they refuse to accept that, will parents lose their right to choose a religious-based education for their children?

Excellent point. As long as the state has to approve the curriculum, they probably won't/can't approve a religious curriculum. So, now, the gov't would essentially be forcing children into a nonreligious curriculum.

I continue to rattle people in these parts because I'm pro-separation church/state and an admitted-atheist, but, obviously, I would fight against the above scenario just as hard. I don't think the gov't should be forcing children into ANY curriculum, whether it's religious or nonreligious.

"I guess if we were to take a political stance and interpret that it's OK to do home-schooling, we would get as much flak from the California Teachers Association as we get now from the home-school associations," Andreoli said of his office. "So we're kind of in between. It's a politically loaded question."

Well you all overlooked the first priority, follow the money...
Brought to you by the NEA.

None of these charges is true, of course, all of these charges are true, of course, but the amount of misinformation,but the amount of information and passion, screw with people's children, d'oh! in these communications can't these people just shut up and take it? We know what's good for them. does make me believe that the situation cries out for a legislative solution." I actually agree with this part and the legislative solution is to abolish compulsory education. Then the nosy, overpaid, underworked bureaucrats won't have any reason to go nosing around.

No kidding.

Every needs to remember that at it's core, this is about something very simple, and very basic:

FREEDOM!

...something the vast majority of the American people can still readily understand if someone takes the time to explain it to them.

This is exactly the kind of political battle we can and do win in almost every case as long as we show up on the battlefield.

Sherman Garnett, coordinator of child welfare and attendance for San Bernardino County,... "Prosecution is the very, very last thing we're going to do,"

Sure, Mr. Garnett. We believe you. Prosecution is the "very, very last thing" on your mind. Sure. However, you no doubt mentioned it so it would be on the front of the minds of everybody else!

So, Mr. Garnett, all you have to do is ensure that every homeschooler who becomes a public schooler gets to use his own personalized curriculum (religious included, perhaps classic rather than progressive, etc., etc.) paid for by the state. Then you and your public school friends can collect state aid for said homeschooler, which is what it is all about anyway.

Check out the site below (even though this takes place in Texas). I'm sure there are incidents of this kind of nonsense going on in CA's wonderful public indoctrination centers. In fact, I know there must be.

http://www.educationnews.org/texas_justice_foundation.htm

"Prosecution is the very, very last thing we're going to do," Sure, because he feels he will have terrorized parents into sending their kids to public schools. He might be able to do that to some, but usually homeschooling parents aren't easily cowed and they are very active politically. They also have inexpensive legal representation. This guy is going to be in a tough fight, and my guess is that he's going to lose big time.

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