March 2008 — News
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Gov. Schwarzenegger Promises Reprieve to California Homeschoolers
According to the court's published opinion, "It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) applies to the child."
According to the court, enrolling students in a school program while a non-credentialed parent teaches them is a "ruse."
Should the ruling stand as written, the consequences could be dire for homeschoolers and attending online or virtual schools.
"Because parents have a legal duty to see to their children’s schooling within the provisions of these laws, parents who fail to do so may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program," the court wrote. "Additionally, the parents are subject to being ordered to enroll their children in an appropriate school or education program and provide proof of enrollment to the court, and willful failure to comply with such an order may be punished by a fine for civil contempt."
Continued failure to comply could result in even worse consequences, including parents losing their "control over a dependent child," should a juvenile court deem such an action is "necessary to protect the child."
HSLDA's Donnelly, for his part, said he sees this as a serious situation, but his group is awaiting further developments before altering its advice to its members. "Our advice to our members is that nothing has changed with regard to their homeschools. Because the ruling is not final and is being appealed, any enforcement action will be delayed. Furthermore, given that the governor has come out against this decision, it is likely that, even if the ruling became final, there would be some delay in enforcement until a solution was achieved. However, this is a serious situation and it is difficult to predict what will happen in any given school district. School districts are responsible for prosecuting truancy."
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About the author: David Nagel is the executive editor for 1105 Media's online education technology publications, including THE Journal and Campus Technology. He can be reached at dnagel@1105media.com.
Proposals for articles and tips for news stories, as well as questions and comments about this publication, should be submitted to David Nagel, executive editor, at dnagel@1105media.com.
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