School to Mom: Your Child’s Special Needs Have to Wait
by Mike Smith • March 17, 2020
When parents decide they want their children to start receiving the customized education that homeschooling provides, they shouldn’t just be told to “wait.”
That’s what I said to the special education director at a California public school district.
The director had given confusing information to a mom who was withdrawing her student with special needs in order to homeschool him.
The mom had given school administrators her official notice of withdrawal, and she had completed the state Department of Education’s online affidavit for homeschool families.
However, the director emailed the mom and said she could not begin homeschooling until the affidavit had been approved. The official also expressed concern that, in the interim, the student would not be receiving adequate instruction.
The mom, a member of Home School Legal Defense Association, contacted us for help. I immediately responded by explaining that California law requires no approval process for homeschooling. Filling out the affidavit is simply a registration process for establishing a private school in the home.
In addition, like every other state, California is bound by the US Constitution, which recognizes the fundamental right of parents to choose the type of education they wish their children to receive—without having to gain approval.
We’ve heard nothing further from the district, which we take as a sign that our member family is forging ahead on their homeschool adventure, unimpeded.