Homeschooling in California

Legal Issues

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California & National Legal Issues
 Political and Legal Support for Homeschoolers in California
 Legal Issues Affecting the Homeschool Community

Political and Legal Support for Homeschoolers in California Back to Top
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
California Homeschool Network Legal Rights Committee
California Homeschool Network's volunteer legal committee doesn't give legal advice, but they can share information about the experiences of other homeschoolers who have asked those same questions, and they can help you understand current homeschool laws and regulations. The CHN Legal Defense Fund was established in 2000 to benefit families who do not qualify, for any reason, for assistance from one of the other legal services organizations.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.

Legal Issues Affecting the Homeschool Community Back to Top
A New Charter for Homeschooling?
Dr. Karen Palasek
Discusses some of the issues relating to homeschoolers in North Carolina placing their children in public charter and virtual charter schools for some or all of their education. Using examples from Alaska, California, and other parts of the country, author Dr. Karen Palasek examines why homeschooling parents need to be informed about the implications of this type of enrollment.
Homeschooling Litigation: Preparing the Way
Zan Tyler
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
HSLDA's Position on Tax Credits Generally
HSLDA
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
Keeping Homeschooling Private
Isabel Lyman
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
Legal Issues - Special Needs Children
Linda J. Conrad Jansen, Esq.
Many homeschoolers are reluctantly drawn to homeschooling because the schools failed their children. This trend is expanding to include children in special needs programs, resulting in an increasing number of questions from parents choosing to homeschool their children who are interested in continuing or obtaining special needs help from the schools. In many instances a special needs child shows tremendous gains just by being removed from the public school situation and educated at home by loving and caring parents who are able to provide the stimulation and enrichment each child needs and deserves. If services are offered the family is not required to accept them. Many families do just fine without government help, but if you need it, special needs services are available to homeschoolers.
On Jumping Through Hoops
Helen Hegener
Most books and articles on home education are quick to point out that homeschooling is legal--in one form or another-- in all fifty states. Parents might have to jump through more hoops in one state than in another, but, as long as they're willing to jump through those hoops, they are allowed to teach their own children at home. But are these hoops actually necessary?
Protecting Ourselves from Truancy and CPS Investigations: Avoiding Referrals
Linda J. Conrad Jansen, Esq.
Although some government employees oppose homeschooling, most notably in the Department of Education's Legal Counsel's office, there is no indication that there is a systematic effort by the government to prevent homeschooling. First, compliance with one of the legal ways to homeschool is crucial. Second, the following factors may result in a referral: Pulling children out of public or private school after a dispute with the school (i.e.: ongoing truancy problems); custody battles; welfare referrals; or neighborhood disputes. As long as children are healthy, happy, involved with the community, and appear to be learning and thriving, the likelihood of a referral is reduced. What can you do if you are in one of the "high-risk" groups for referral? The most important thing to do is know your legal rights.
Social Security's New Home School Flow Chart
HSLDA
For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.
Stand for Freedom
Brenda Dickinson
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
The Declaration of Educational Independence
Linda Dobson
Linda Dobson provides a wonderful call for independence from the traditional educational establishment, modeled on our own Declaration of Independence.


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