It's so much fun, it can't be legal
Dateline: 09/22/97
By Ann Zeise
For awhile it seemed that every time Scott and I went to his
pediatrician he would ask, "What does the state to ensure
that Scott is learning anything." This is usually after
remarking what a healthy, strapping boy he is, and how bright
and articulate. I explain that since I'm a credentialed K-9 teacher
here in California, I don't need to prove anything to the state.
One of the lesser known ways of qualifying as a homeschool in
California (and in some other states for teachers wishing to
teach their own) is the "Tutoring Option" which states:
Education Code Section 48224. Children not attending a private,
full time day school and who are being instructed in study and
recitation for at least 3 hours a day for 175 days each calendar
year by a private tutor or other person in the several branches
of study required to be taught in the public school of this State
and in the English language shall be exempted [from the compulsory
attendance law]. The tutor or other person shall hold
a valid State credential for the grade taught. The instruction
shall be offered between the hours of 8 o'clock a.m. and 4 o'clock
p.m.
[For other three ways of homeschooling legally in California,
see California Code for Homeschooling]
For two years I had coped with the local district's ISP (Independent
Study Program), chomping at the bit because Scott found the text
books boring (or read them through in a few days) and didn't
want to produce "paperwork" for his portfolio solely
for the purpose of "proving" he was learning something.
I was getting tired of fabricating a month's plan I knew we'd
probably never follow, and then frantically trying to remember
at month's end what we had been doing all month. I kept saying
I'd keep a journal, even bought a book to write in: notations
were made when "big" things happened, but the small,
incrimental learning activities were seldom noted.
Then in an AOL homeschooling chat I met a California woman
who was a credentialed teacher and she was talking about this
"Tutoring Option." No paper work at all! Not even any
notification. Teachers have it "made" for pulling their
own children out of school. Isn't that interesting? I've explained
this to the pediatrician that this is like him prescribing to
his own family: he's been state-certified to practice on strangers,
so the state figures he's qualified to practice on his own family.
To find out how to legally homeschool in your state, look
in Regional and Worldwide
Homeschooling Resources under your state, province or
country. The education code pertaining to the ways you can legally
homeschool in all 50 states, each Canadian province, the United
Kingdom, Australia, South Africa, and New Zealand are all linked
up. You'll also find state associations and support groups on
the same pages, to help you interpret these laws and what you
actually have to do to comply. Some laws read worse than they
are actually enforced: some are enforced harder than they should
be.
There have been cases in federal courts that back the fundamental
rights of parents to determine how and where their children
are educated.
Do I need legal representation?
Nope.
Dave
Mankins on the HSLDA
A very important issue here: should you subscribe to the Home
School Legal Defense Association or not?
Do
I Need to Join the HSLDA?
Why you should think carefully before you decide whether or not
to pay $85-$100 in annual dues to Homeschooling Legal Defense
Association.
In my state we declare
ourselves a private school. Does this have any benefits or drawbacks?
The Regulation
of Private Schools in America
A State-by-State Analysis. Do be aware that some requirements
for large private schools do not apply to "private schools"
with few students being taught by their parents in their home.
For example, fire inspections are seldom enforced for homeschools.
When you travel on "field trips" do bring along documentation
that you are a "private school." You may avoid fees
at some state parks and other points of interest.
Is
home schooling legal in all states?
Home schooling is legal in all fifty states and the District
of Columbia, but the way the states regulate home schooling varies
widely. Legal Office.com will help you search for an eduation
law expert in your area.
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