All of the CA homeschool groups issued a press release today. Also, and perhaps more importantly, representatives from each group are in the state capitol today, meeting with Governor Arnold Schwarzenegger's Undersecretary of Education, and several members of the CA state assembly.
We're all looking forward to hearing about their adventures.
Here is the official press release , reprinted in its entirety with permission. Permission has also been granted to pass it along wherever you think it might be helpful.
The major homeschooling organizations in California, along with the Virginia based HSLDA, announce today that they are working together in a united effort to preserve independent homeschooling in California as it has been practiced for decades. Representatives from the California based organizations are meeting in Sacramento today to discuss homeschooling and distribute their joint statement.
1. We are united in the goal of protecting the right of parents to teach their children privately at home without additional governmental interference.
2. We believe that children deserve to learn in the environment that best meets their individual needs. We support the right of parents to direct their children's education including, if they desire, teaching their children privately at home apart from any public school program and without a teaching credential.
3. We believe that the opinion rendered by the Second District Court of Appeals in the case titled "In re Rachel L." on February 28, 2008 is excessively broad in its scope and incorrectly states the law as applied to home education in California.
4. We believe that the interpretation of California law, as understood by our organizations and by the California Department of Education prior to the issuance of this decision, is correct, that the interests of both the State of California in ensuring that children are educated adequately and of parents in directing their children's education are well met by this prior interpretation of law, and that no change in California law regarding the teaching of children privately at home is needed.
For further information, please contact these organizations as follows:
"My feeling is very much in line with the governor in that it is a parental choice as to how they will educate their children," said Chris Bertelli, assistant secretary of education. "To require a credential for a parent that is home-schooling is ludicrous."
He's quoted later to say:
"No other state in the country requires a credential," Bertelli said. "It would be nearly impossible to enforce and would do so much more damage than good."
Chris Bertelli is a CA Assistant Secretary of Education . This quote is good news for CA homeschoolers. Of course, it doesn't mean we can all go on vacation now. He's just one of the many people who work with David Long (CA Secretary of Education) and Arnold Schwarzenegger. But it does mean that we might not have to fight as hard as we might have otherwise, because not only is the is our governor and his crew openly supporting homeschooling, we are also on the same page about the value of teaching credentials for homeschooling parents.
It also quotes the director of student support services for the LA County Dept. of Education:
"As long as they are a private school registered with the state then as far as we are concerned they are a legal home school," said Victor Thompson, director of student support service for the L.A. County Department of Education.
I'm not sure why they talked to Victor Thompson, or how they found him to interview. I couldn't find him anywhere on the internet. Maybe they called the LA Dept. of Education and he's who they got. I hope that his opinion reflects the entire LA public school position. Again, not because it will actually change anything, but because it will make our future efforts less difficult if we have a good number of large education departments sharing common positions with us.
In the past week, I've done four interviews (two for TV, one for radio, and one for the paper). These are some of the questions I was asked about the Long's case and the appellate court's ruling.
1. What do you think of the HSLDA petition to depublish the court's opinion? I am of two minds about the HSLDA petition. The petition's intention is in alignment with the efforts coordinated by all the California homescholing organizations. In that regard, it's a positive action that people can make in response to the court's ruling. However, the petition is not likely to have much, if any, effect on whether the opinion will be depublished. The Supreme Court will look at the legal arguments that are presented, not public opinion. My concern is that the people who sign this petition think that their work is done. It is not. We cannot consider signing an ineffective petition as enough of an effort to make a difference.
2. What do you think of Assemblyman Joel Anderson's resolution to reverse the appellate court's opinion (ACR 115)? It is important that as many people as possible support this resolution. Although this resolution will not sway the supreme court any more than HSLDA's petition, its presentation for vote will give the California State Assembly, and the rest of the politicians in CA, clear message that homeschoolers are unified in CA. We also can see which Assemblymen will vote for, or against, this resolution. Again, this is not the end-all of support. This is just one small part of what we can do, and not a ticket to opt-out of the rest of the effort to keep homeschooling free from regulation in CA.
3. What do you think of the Long family's appeal to the Supreme Court? I was asked this question, and I wasn't sure how to answer it. It seems obvious to me that they would do this, irregardless of what's going on in the homeschooling community. I'm assuming that all of the efforts by the CA homeschooling groups to depublish the opinion are being conducted with full knowledge of the appeal. As far as I know, depublishing is still the main goal, whether or not the Supreme court accepts the appeal case. I see it this way: the Long family is concerned about their family, and CA homeschoolers are concerned with the particular section of the opinion that pertains to the education code. If those two efforts overlap, it doesn't change our intentions.
4. Who should we listen to? CHN? HSLDA? The news? I can't tell you who to listen to. That's up to you. I would encourage you, however, to listen to as many different people and organizations as you can stand. I am on way too many e-lists, and I watch the google alerts. But I feel that I'm getting a multi-dimensional view of what's going on. The information that I pass along here on this blog, are things that either are objective truths (Joel Anderson and his resolution, for example), or are opinions that resonate throughout the entire coalition of homeschooling groups in CA. If one group says something, and nobody else does, I make sure to ask around to see if it's a rogue opinion. I also take care to see who is making the statement, and what their goals are. So listen to who you want to listen to, but keep in mind that many people and groups are working on this, and listening to only one source might not paint an accurate picture.
5. Should we be worried? I am of the opinion that even if we were literally being thrown into concentration camps, we still shouldn't be worried. Mad, yes. Motivated, yes. On high alert, yes. Prepared, absolutely. But worry is a waste of energy. Worry makes us impatient. Worry makes it difficult to see all the data. Worry gets in the way of good decision making. Dump the worry, and replace it with determination. Right now, the best thing we can do to "beat" this, is to keep homeschooling. Don't let them see us sweat (even if everything is falling apart).
Jack O'Connell , California's State Superintendent of Public Instruction, issued a statement today regarding the recent California appellate court opinion on homeschooling.
(This was forwarded to our e-lists. If you have a link, please email me.)
FOR IMMEDIATE RELEASE PHONE: 916-319-0818 March 11, 2008
E-MAIL: hmclean@cde.ca.gov
SCHOOLS CHIEF JACK O'CONNELL ISSUES STATEMENT REGARDING HOME SCHOOLING IN CALIFORNIA
SACRAMENTO - State Superintendent of Public Instruction Jack O'Connell announced today that the California Department of Education has completed a legal review of the February 28 California Court of Appeal ruling regarding home schooling. O'Connell issued the following statement:
"I have reviewed this case, and I want to assure parents that chose to home school that California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to home school in our state.
"Every child in our state has a legal right to get an education, and I want every child to get an education that will prepare them for success in college and the world of work in the challenging global economy.
"As the head of California's public school system, I hope that every parent would want to send their children to public school. However, traditional public schools may not be the best fit for every student. Within the public school system there are a range of options available. Students can take independent study classes, attend a charter school, or participate in non-classroom-based programs. But some parents choose to send their children to private schools or to home school, and I respect that right.
"I admire the dedication of parents who commit to oversee their children's education through home schooling. But, no matter what educational program a student participates in, it is critical that the program prepares them for future success in the global economy. I urge any parent who is considering or involved in home schooling their children to take advantage of resources and support available through their county or district offices of education."
Assemblymember Joel Anderson, a conservative Republican whose children are taught at home, has introduced a concurrent resolution in the California Assembly. If it passes, it will go to the state Senate for their vote.
The resolution basically states as follows: that homeschooled children perform well at college and in life, that there is a rich history of homeschooling, that an estimated 200,000 children in California and 2,000,000 children in the U.S. are taught at home, that the U.S. Constitution recognizes the fundamental right of parents to have their children educated outside of state schools, that the appellate decision is misguided, and that the Supreme Court should reverse the decision.
The call for the Supreme Court to reverse is in the second to last paragraph of the version I have seen. Obviously, this goes against what I have been asking people to do the last week (leave the Supreme Court alone lest we make them mad). However, I believe this resolution is intended to serve much the same function as the HSLDA petition, which is to give a group (here the legislature) the opportunity to do something concrete before the Court completes its review. I believe many in the legislature understand that it is premature to try to introduce legislation until that review is complete and we know what the Court believes the law in California should be based on the statutes we currently have in place.
I encourage members of HSC and all other homeschoolers in the state to contact their representatives (currently, just the Assemblymembers, as it is not pending before the Senate and will just confuse your Senator's office if you call now) and encourage them to vote in favor of ACR 115. You can find your Assemblymember and his or her contact information by going here , clicking on the blue box entitled "Your Legislature", and entering your zip code.
Calls are fine, but letters faxed to the office are even better, as they then retain tangible evidence of their constituents' positions. Emails are often ignored, so please call or fax if possible. It is best to give your name, the city and/or Assembly District you live in and the name of the resolution (ACR 115), to state that you educate your children at home (or support those who do) and wish the right of California families to continue to have that option with minimal government intervention, and to state your desire that Assemblymember ______ vote in favor of ACR 115 by Joel Anderson.
If you have any interesting discussions with staff about this resolution, either a strong indication of probable support or opposition, or any other feedback the legal and legislative folks should know about, please tell me about it .
CHN has urged us to spread the word about a new resolution, ACR 115, that has been announced by Assemblyman Joel Anderson. If you call, please be calm, straightforward and simple with your support of this resolution. Here is an example:
I am a homeschooler in CA, and I urge you to please vote "yes" on Assemblyman Joel Anderson's resolution supporting homeschooling in California.
California Assemblyman Joel Anderson is introducing a concurrent resolution in the Assembly. He is calling on the California Supreme Court to reverse the recent court decision that could make homeschooling illegal.
This will happen fast, since it's a resolution and not a bill. All California homeschoolers are encouraged to contact their legislators and ask them to support homeschoolers by voting yes on Joel Anderson's ACR supporting homeschooling. We expect there will be a powerful response as California homeschoolers respond.
"The misguided action of the Second Appellate Court denies California parents' primary responsibility for their own children's education and violates their special role in raising their children," said Anderson. "We do not need new legislation to resolve this, but simply for the Supreme Court to allow home schooling to continue as it has," said Anderson.
As far as I know, there is still an ongoing effort to depublish the appellate court's opinion. I'll post more information about this as it happens.
California homeschooling is currently making state and national news, and if you haven't heard about it yet, you will soon. CHN is fielding hundreds of phone calls and even more emails. We want our members to know about this situation because with the sudden media attention, relatives, neighbors, and co-workers will soon be asking if you know that it's now "illegal to homeschool in California." With CHN's help, you'll be able to tell them the entire story, and also tell them that homeschoolers are not breaking the law!
The Problem
On February 28th, the Second Appellate District in Los Angeles County wrote a ruling against homeschooling. Faced with one homeschooling family with a long history of problems, the court chose to write that all parents do not have a right to homeschool unless the parent has a teaching credential! This ruling may impact all homeschoolers, including those who are enrolled in independent study programs or charters.
The court opinion is being taken very seriously. Karen Taylor and Loren Mavromati from CHN have participated in two conference calls this week with the California groups HSC, CHEA, Family Protection Ministry, and Virginia based HSLDA. The groups are cooperating and working closely together as we mutually look for the best resolution for all homeschoolers.
Our Joint Current Opinion
The CA state group leaders along with national HSLDA are in agreement that nothing has changed, and it is as legal to homeschool in California today as it was before this ruling. You may hear otherwise in the media, so remain aware and read the latest information at CHN's legal updates page .
This is where you can read the actual court document along with commentary. We are updating it daily so that you will have the latest information, and the peace of mind that comes with knowing the important facts. We are also discussing the issue on the CaliforniaHS elist as well as CHN's members only elist, The Grapevine.
What is Being Done
CHN and HSC are in contact with law firms who are interested in helping defend our freedoms in California. Because HSLDA has members in CA, they are also doing the same. Individual briefs will likely be written, and requests to "depublish" the report will be submitted. If the depublish requests are successful, it would be removed from public record, and would not be cited against homeschoolers. We think there's an excellent chance that it will be successful, but if not, we'll continue to defend homeschooling in other ways. All groups are opposed to legislation, unless there is no other option.
What Can YOU do?
We know the first impulse is to call a legislator, but we ask that you do not do that. Please remember that legislation could lead to restrictions in homeschooling.
* CHN has had great success in the past in rallying state homeschoolers at just the right time to make a huge difference. If we notify you and ask for assistance, please respond.
* We ask that you encourage your homeschooling friends to join CHN. It's time that every homeschooler in California join a state group, so that we can be as strong as possible in fighting this.
We want that list to continue to grow, so that when media members are researching homeschooling, they'll see that thousands of members are on the list. It's impressive now, and we want to make it more so! Even if you choose "no mail", please join the list as a way to increase our numbers. Of course, we'll also welcome you to participate in the daily discussions, as you have time!
Volunteers Needed
* We need homeschoolers willing to talk to the media. Most reporters want to talk to a typical homeschooler, and some have special requests that can be hard to match up with the kind of homeschooler they want.
* It's critical that we carefully monitor legislation this year. If you like internet searches and research, please help. No experience necessary.
* We need everyone to stay calm and keep enjoying your homeschooling experience! We know that CHN members can do that!
The CHN Legal Defense Fund was established in 2000. CHN has not solicited funds in many years. However, we believe there is now a need, as we prepare to work with attorneys to build a good defense for CHN members. Donations may be sent to:
CHN Legal Defense Fund PO Box 402427 Hesperia, CA 92340-2427
Credit card donations may be made online at CHN's online store or calling (800) 327-5339.
Thank you for your continued support. Remember, it's time to be fully aware, but it's not time to be afraid.
The story hit mainstream media , "sending waves of fear through California's home schooling families." It was only a matter of time before this story hit the big papers. How can they resist the chance to monetize on a story that is so easy to sensationalize?
There isn't much new in the article. Since the ruling, and since the article, this is what has happened in California:
1) Homeschoolers have NOT been rounded up and sent to prison. There has been no official statement from the CDE or local school districts.
2) Homeschooling still isn't illegal. The laws haven't changed.
3) The news and people's reactions are highly emotional. When we take the emotion out of the equation, there really isn't much to say.
Some thoughts on the LA Times article:
The second paragraph pretty much sums up the issue, and the article could have stopped there:
Advocates for the families vowed to appeal the decision to the state Supreme Court. Enforcement until then appears unlikely, but if the ruling stands, home-schooling supporters say California will have the most regressive law in the nation.
Enforcement is not only unlikely, it's impossible. Here's why: the court's ruling, if taken as law, would cause a cascade of confusion on what the laws really mean, and who gets to decide. For example, the private school laws in CA say that for all private schools, teachers must be "capable of teaching." There is no mention of credentials in any part of the private school code. If the judges' ruling is interpreted that all parents who teach through their own private schools at home must have a credential, then what does that mean for all other private schools?
There is nothing in the law that says that certain kinds of private schools have one kind of teacher requirement, and others don't. There is no indication in the law that parents who teach their children at home have to have any different credentials than a private school teacher at large private school. One judge mentions that large private schools have a natural self-regulation because of the demands of the parents, but that doesn't exist anywhere in the law. But, according to the law, if homeschoolers are doing something "illegal", aren't all the parents who send their kids to large private schools who don't hire credentialed teachers? If the law says one thing to cover all private school teachers, how does the court decide that one kind of private school teacher is legal and another isn't? That's not in the law.
If this were somehow "enforced", and there was a mass round-up of parents, each time they were taken to court, the judge would have to show in the law where it says that the parents are required to have a credential of they are teachers at a private school. That's not in the law. And where exactly does the law place the line between who has to have a credential and who doesn't? Every time a parent wants to see if they are legally educating their children, do they have to get sent to court and assessed by a judge? Obviously not, so who has the jurisidiction to decide which families are legal and which ones aren't? There is nothing in the law that prescribes that.
If this ruling were to stand, there would be so many questions that need to be cleared up, it would create a huge snafu for more than just homeschoolers.
It does not behoove the state, or the CA educational system, or anyone really, to accept this court's ruling as the correct interpretation of the law. It might be the butter on some individual's toast to "finally" get those pesky homeschoolers, but in reality, this is such a big ruling, it would effect everyone if it stood as is.
In fact, I'm not even exactly sure what would be "enforced" if someone were to try and enforce it. Would it be only homeschoolers who enroll in a private school ISP homeschooling program? Or PSA filing families? What about charter school families? What would be the law they are breaking? If something is illegal, it means someone is break the law, right? So what law are we breaking exactly? What are they going to enforce?
This is sooooo not over.
The Pacific Justice Institute is also quoted in the LA Times article. I am not familiar with this group. What I do know, is that they are not a homeschooling group, they are a family/religious/civil liberties group. I don't know how well they will be able to defend the Long family, but outside support to fight the homeschooling law is another brick in the wall.
There is a lot of media about this. I was called this morning and asked to call into a program on NPR where they are discussing the ruling during one of their opinion shows. (I didn't do it.) (If you heard it, send me an email. I couldn't find a link.)
If you are in California, have something prepared to say to people who will inevitably ask you about it, since it's coming out in the general media. And it wouldn't hurt to warn your immediate family before they hear it from the tip-of-the-iceberg news reports that focus on the sky falling.
Alright, back to real life. We're headed to Sea World, Day 2, where we continue to live our homeschooling life, ready for whatever comes next.
(P.S. If this seems rambling or is full of typos, I apologize. While I was trying to write this, my kids were crawling all over me trying to get me off the computer so we can go to Sea World.)
You may have heard of the recent ruling in California by an appellate court that a homeschooling family must send their children to public school because, basically, it's not legal in CA to homeschool.
There have been emails and blog posts with a sense of panic that this has "serious implications" for California. That is fear speaking. It might have serious implications if we just ignore it, but we are not ignoring it. The HomeSchool Association of California, the California Homeschool Network, the Christian Home Educators Association of California and the Homeschool Legal Defense Association are all working together, as one unit, to deal with this.
With that in mind, it is extremely unlikely that there will be "serious implications".
That said, everyone in California should join, or renew membership to, one of the four groups who are working on this case. In all four e-lists, they are sending regular updates on what's going on.
For those of you who are not in California, here is the general run-down:
In California, there is no reference to "homeschooling" in the laws or education codes. Independent homeschoolers generally enroll in a private school independent study program, or they create their own private school in their home, and enroll their children in that school. The laws were designed for that purpose in mind, with different wording for schools that have less than six children, and who are being taught by a family member. In other words, although homeschooling isn't in the laws, it's not a secret, nor is the department of education "turning the other cheek".
There is also a way to homeschool in California which involves using a charter school. Now, some would argue that people who enroll with a charter (public) school aren't really "homeschooling", but in both cases, the children are being physically taught at home, by their own parents.
The judges' ruling says that that a child has to be either physically attending a private school, or he has to be tutored by a credentialed teacher, and those are the only two choices. Well, you can see why people are panicking!
The truth is that the ruling is wrong. And, there is no indication that it was intended to change California law. In fact, if you look at the ruling, it has a strong implication that it was a last resort effort to get this family out of a many-year struggle with the state.
What does this mean for the larger issue - how homeschooling is conducted in the state of California? So far, nothing. Nothing at all. Everything is exactly as it was a week ago.
Let me repeat that - Homeschooling is exactly the same in the state of California as it was last week. Nothing has changed.
We can wave our arms around, and get mad, and jump up and down, but it doesn't make anything better. The best way we can help with this process, is to support the groups who have the weight behind them, and the legal expertise to know how to work this. If and when they need us to rally, write letters, make phone calls or spread the word, they will let us know. But right now, the best course of action is to know that we are strong here. We aren't afraid that everything will fall apart, and we don't need to spread panic in order to feel better about something we don't know a whole lot about.
The truth is, that anything we read right now is simply a very small snippet of what is going on (even the opinion/ruling I linked earlier.) Even the state-wide groups are still in the "information gathering" stage, trying to make sense of all of this. If we panic now, how is that any different than being sucked in by sensationalist news on TV? Let's rise above and be calm, wise and ready.
Ok, with that call to (calm) arms, here are the links to the state-wide groups.
If you are in California and you are not a member of one of these groups, go now and join! Then, join their e-lists so that you can have minute-by-minute information on what is going on. Don't rely on sensationalist news or blogs entries (or even non-sensationalist ones like mine). Being on the e-list is also the best way to be aware of how you can help.
If you aren't in California, thank you for your support! If anything worth panicking about happens, and if there is anything that can be done beyond the state lines, I'll post it here. But right now, what we need is trust. And lots of cyber hugs
Please feel free to post your questions here, or to email me.
Now, I'm going back to homeschooling my kids by taking them to the San Diego Wild Animal Park as part of our week-long vacation.