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Nice Try, School District, But You’re Wrong

by Darren Jones • October 30, 2018

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You’d think California homeschool law is pretty simple. You start teaching your kids, you file your private school affidavit between October 1 and 15, and everything’s fine.

Oh, if only it worked so smoothly all the time! But unfortunately, it doesn’t.

Home School Legal Defense Association recently helped out one family who started homeschooling after their child’s first year in public school didn’t work out so great. At the beginning of the next academic year, they sent a letter withdrawing their children.

Encountering Obstacles

The public school wouldn’t accept their letter. First, they told the mom that she needed to join a public-school-at-home program. Then, they said she couldn’t file her own affidavit, but instead needed to join a private school umbrella. Next, they claimed that they needed a screenshot or copies of receipts for her curriculum, and information about what she was teaching. And to top it all off, they then filed a School Attendance Review Board complaint (SARB) against her.

The mom contacted HSLDA. Good idea! We told the school that it was perfectly legal for her to homeschool on her own by filing her own affidavit. When the school’s lawyer called us, we informed him that the school had no right to see this family’s curriculum. He agreed (which shows he knew the law better than his client—that’s why you hire lawyers to keep you out of trouble!).

When the mom filed her private school affidavit in October, I sent it on to the school’s lawyer. He got the school to cancel its SARB, and now the family is off on its homeschool adventure.

This public school’s made-up requirement is the kind of problem HSLDA runs into a lot! We need you to partner with us to defend families like this one all across the country. Please give to stand up for homeschooling!


Darren Jones

Senior Counsel

Darren is a litigation attorney and homeschool graduate who helps HSLDA member families resolve legal difficulties related to homeschooling. Read more.


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