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september 2002
outlaws in the home
by Dawn Davis
California homeschoolers have long enjoyed the mostly peaceful climate
state law affords in home-educating their children. That was until
this Summer when letters arrived from the California Department of
Education.
Parents operating outside law
In a letter sent by the California State Superintendent of Public
Instruction, Delaine Eastin,
homeschoolers learned that the CDE was updating its filing process for
private schools and would now use an online filing system. That
sounded good. No more calling the county office of education or Child
Welfare and Attendance Office, to ask for a Private School Affidavit
(PSA), also known as the R-4. One would simply pull up the handy web
site, enter a code, and voila, private school information from last
year's filing would be onscreen for updating.
However, the letter took a startling turn when it revealed, "in
California, 'home schooling' — a situation where non-credentialed
parents teach their own children, exclusively, at home whether using a
correspondence course or other types of courses — is not an
authorized exemption from mandatory public school
attendance. Furthermore, a parent's filing of the affidavit required
of a private school does not transform that parent into a private
school. Therefore, those parents who home school their children are
operating outside the law, and there is no reason for them to file an
affidavit."
In short, according to Delaine Eastin, only state-certified,
credentialed teachers are allowed to teach children in our homes.
Ironically, teachers in private schools, responsible for the education
of scores of students, need only be "capable of teaching" with no
credentials required.
See the department's letter to homeschoolers
Additionally, a CDE statement on homeschooling said, "home schooling
is not authorized in California, and children receiving home schooling
of this kind are in violation of the state's truancy laws."
Which meant that if you are not a creditialed teacher and you
homeschool your child, you are breaking the law and can be charged a
misdemeanor fine for not enrolling your child in a state-funded school
program.
See the CDE's
statement on "Home Schooling"
Making homeschool just like public school
Homeschoolers also received letters from the Diego County Office of
Education with requirements for continuing to homeschool "within the
law". The letter included a list of public school independent study
programs deemed as "legal options" for homeschoolers. In other words,
independent homeschooling is outlawed unless the state can also claim
your child for attendance in its own programs.
This prompted organizations such as Homeschool Legal Defense
Association (HSLDA), California Homeschool Network (CHN), Homeschool
Association of California (HSC), Christian Home Education Association
(CHEA) and Family Protection Ministries to communicate the legality of
independent homeschooling to the CDE and reassure California
homeschoolers of the valid legal option to file an R-4.
Money the real agenda
At a Student Attendance Review Board (SARB) state hearing in August,
homeschool representatives raised the issue. Eventually,
homeschoolers were told that private schools with six or fewer
students would be allowed to file R-4s, and the web site would soon be
updated permitting those schools to update affidavits online.
Back on track? Not quite.
Those who file private school affidavits realized that Sacramento
would not likely allow homeschoolers to continue to educate their own
children without some good old-fashioned government intervention. As
long as homeschoolers learned in the home, the reduced public school
attendance represents reduced funding for the teacher's union.
With the October 15th deadline for R-4 filings fast approaching, some
independent homeschoolers are now seeking shelter under umbrella
programs. To avoid the potential truancy hassles, others are joining
state or private independent school programs (ISPs). Still others
risk fines for filing should the CDE's edict be enforced by
state-funded truancy officers.
Homeschoolers rally for resolution
The San Diego County Board of Education met on September 25 to hear
opinions and commentary before voting on a resolution regarding the
board's support of schooling in the home. At least two of the six
members, Jim Kelly and Susen Fay, once a homeschooling mother herself,
support homeschooling without state meddling.
Hoping a strong and organized showing would encourage support from the
majority of board members, homeschoolers contacted one another, using
the Internet to help get the word out.
Arriving in force, homeschooling families filled all available seating
in Building 2 of the Joe Rindone Regional Technology Center. For over
two hours, they stood in the aisles, overflowing into a lobby where
the meeting could be viewed on closed-circuit monitors.
According to homeschool advocate and board member Jim Kelly, who lead
the charge in seeking support of the board, the standing room-only
response was "historical", the largest in SDCOE's history.
After hearing comments from the homeschooling audience, the board
debated the language of a resolution penned by Kelly. While the board
cannot make law, the resolution would convey to the state legislature
the board's support of private homeschooling and the need for further
review of "Eastin's Edict".
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Dronenburg (center), debates changes to Kelly's resolution while
board president Nick Aguilar and Susen Fay look on.
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Ernest Dronenburg proposed an amendment to Kelly's resolution which
prompted much debate among members, some of it heated, resulting in
reactions from the audience. Dronenburg reasoned that the original
wording represented an authoritative legal opinion. Such a statement
from the board, he emphasized, could be irresponsible to convey to
homeschoolers. Fay countered, reading excerpts of letters sent by
Eastin and the SDCOE. She pointed out that on its own letterhead the
SDCOE had directly conveyed legal statements which are not supported by
the current California Educational Code.
Eventually, the board voted to keep Dronenburg's amendment and
unanimous consent was reached to accept the resolution.
See the board's resolution
Kelly commented that despite his original resolution being amended,
much progress had been made. He stated he would consult with top
homeschool attorneys to review the amended resolution in the event a
revision would need to be presented at next month's board meeting on
October 9.
Homeschoolers should be encouraged by the tremendous turnout and the
board's unanimous acceptance of any resolution in support of
independent homeschooling. However, be prepared to return, en masse,
to secure a greater victory, if needed.
Are you filing an R-4 this year?
You are encouraged to check with any of the national, state and local
homeschool organizations listed below for their help.
Homeschool Association of California
Christian Home Educators Association
California Homeschool Network
Homeschool Legal Defense Association
Family Protection Ministries
910 Sunrise Ave Ste A-1
Roseville CA 95661
Other web sites referenced in this article . . .
San Diego County Office of Education
California Department of Education
School Attendence Review Board
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PHOTOS BY MORGAN DAVIS
Fourth district member, Jim Kelly, dispenses a lesson to the San Diego
County Board of Education as a full house of homeschoolers attend an
historic meeting on September 25.
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"...parents who home school their children are operating outside the law..."
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"Our founding fathers were all homeschooled.
Apparently, they were being unconstitutional in writing the
constitution."
— Jim Kelly
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