Nathaniel LeMaster

I wrote this on a forum as a response to another comment, I thought that I would post it here also.

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First off, I do not believe that homeschooling is going to go away in CA over night.

As to the basic question of whether or not this court decision makes homeschooling illegal, let’s look at the actual document from the court:
“In this dependency case (Welf. & Inst. Code, § 300), we consider the question whether parents can legally ?home school? their children”
…
Full-time public school education for persons between the ages of six and…
eighteen is compulsory under California?s compulsory education law (Ed. Code, §§ 48200 et seq.), 2 ?and each parent, guardian, or other person having control or charge of the pupil shall send the pupil to the public full-time day school . . . and for the full time designated as the length of the school day by the governing board of the school district? (§ 48200). Exemptions to compulsory public school education are made for,
among others, children who:
(1) attend a private full-time day school (§ 48222) or
(2) are instructed by a tutor who holds a valid state teaching credential for the grade being taught”

From this we see that essentially, all children between 6 to 18 have to be enrolled in a public school, private school, or privately tutored by a tutor who holds a valid state teaching credential for the grade being taught.

“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. “

From this ruling, we see that home schools, even as registered as private schools, are not considered valid. So the only provision for homeschooling would be under the private tutor option.

Under that option, we see that the teacher/tutor has to hold a valid state teaching credential for the grade being taught.

According to my parents, the credential is good for teaching every subject through, I believe 7′th grade, after which you have to be credentialed in the specific area that you are teaching.

The only way that homeschooling was so freely being carried out in California was on the back of another court case that was decided in the Homeschooler’s favor. This case appears to reverse that ruling.

Depending on what the courts stand is, California has either some of the most restrictive, or the least restrictive laws pertaining to homescholing of any state.

Please bear in mind, that this whole case was over what is called a “Umbrella” or “Charter” school, so this concerns those who homeschool under that method also.

It appears to me from the above, and from what I know of the court decision and the surrounding circumstances, that homeschooling in California, in most forms is currently (according to this court case) illegal. Of course, I could be wrong, it would be great if I am wrong, but unfortunately, I don’t think that is the case.

But I do agree that there is no reason to panic, but there is a definite cause to wake up and take some action to preserve the God-given right of parents to train up their children in the way that they should go.

Right now, I am waiting to see what HSLDA will do, but in the mean time, prayer is our most powerful tool.

Enough though. God is working out His perfect plan in California, we rest in His wisdom.

Click here to read the court opinion.