According to both the U.S. Constitution and California statutes, home-based private education is legal. However, there continue to be challenges which are a potential direct threat to any home educator in California. These challenges are based on erroneous charges of either truancy or child abuse/neglect:
(1) Charge of Truancy: an infraction (on first offense). [EC 48260, 48293, et al.] This charge is used more than 95% of the time in legal challenges to home education in California.
(2) Charge of local daytime curfew violation — rare, but becoming more common.
(3) Charge of Child Abuse/Neglect: rare, but could involve temporary or permanent loss of custody of children.
An Introduction To Home Education: Order this manual from CHEA for detailed information on legal private alternatives and requirements, including record-keeping forms.
The High School Handbook: Order this book from CHEA if you will be home schooling teens.
Home School Legal Defense Association: Join HSLDA for only $130 per year (CHEFA members receive the group rate of $115 per year). Write or Call HSLDA, P.O. Box Purcellville, VA 20134; Phone: (540) 338-5600 or sign up online. (If applicable, indicate on your application that you are a member of CHEFA to obtain a discount).
Join before beginning your home education and before withdrawing your child from another school. It is best to withdraw during summer. You must join before receiving a legal challenge to your home schooling, so join now.
HSLDA is currently the only full-time attorney-staffed organization which assures you of immediate and thorough representation by an attorney with expertise in this area of law from the very beginning of any legal challenges to your home education. There is no in-state or out-of-state school or educational program available to private California home schoolers which offers absolute legal protection.
Other than HSLDA, there are no legal protection programs/plans which guarantee expert attorney representation to families for all legal contacts related to their home education. HSLDA has been at the center of defending our freedom to home school in California.
It is the individual family that will be challenged by school and other authorities and not the satellite/PSP school administrator. Each family should take the responsibility for their own family’s defense and secure the best protection available, especially in light of the increasing number of referrals to Child Protective Services.
LEGAL-LEGISLATIVE UPDATE NEWSLETTER: Roy Hanson’s California Private/Home Educators’ Legal-Legislative Update Newsletter is a bimonthly newsletter which gives you firsthand reports of any changes in the law and legal threats to home education in California. Roy’s Family Protection Ministries is the only organization which monitors and reports all known proposed legislation, court cases, and administrative actions which directly affect California home educators. This Christian ministry is 100% funded by donations from supporters of private/home education and parental rights. This newsletter is available free to all who contribute at least $40 each calendar year to: Family Protection Ministries (Roy Hanson and Jim Davis), P.O. Box 730, Lincoln, CA 95648-0730.