Friday, April 16, 2010

Homeschooling Not Legal in Ca, Say WHAT?

I cannot even decide where to begin this story. Long story short.....the school district came after us and has been fighting us tooth and nail over homeschooling, telling us we are not legal to homeschool via a private school affidavit. They have been sending truancy notices and calling nonstop, all of which I was ignoring. Finally, I called in to tell them to stop it and the reply was terrifying. The woman said the district was taking us to court. My husband spoke with her, trying to give her the correct ed codes that stated we ARE legal to homeschool via an affidavit and its against policy for them to ask what curriculum we use. She ended up calling Nate's work and filing a FALSE report that stated that he threatened her. This whole thing has been so stressful. I am not faring well. The stress is magnifying my nausea and puking. I ended up talking to California Homeschool Network as well as Homeschool Legal Defense Association and California Homeschool Association. They ALL advised me that we WERE indeed legal and California Homeschool Network immediately went to work to fight the case with their lawyers on our behalf and we aren't even members there! How amazing is their network? I sent the district this letter: "I contacted the superintendant this morning regarding the truancy issues and she was very sweet. She had to run to several meetings and had her secretary call me to let me know someone would be in contact with me tomorrow. I have now contacted HSLDA(Homeschool Legal Defense Association) who we are members of and they should be in contact with your district within the week or so. I have also contacted California Homeschool Association as well as California Homeschool Network and everyone has stated we are legal to homeschool via our affidavit #86284. They are all ready to help in fighting this battle. We are going to take this to the newspapers by weeks end if it is not resolved. I have also spoken with George Olive as well as David Cauperude from CDE and both stated a private school affidavit can legally be filed anytime between Oct 1 and May 31, but filing after Oct 15th simply makes you a late filer, however, still a legal homeschooler. They confirmed this for me via the CDE Legal Dept. Many cases similar to this have been fought by HSLDA and no district in the history has ever won so if you want to continue to fight my legal parental rights to homeschool, it will be done so very publically. I am even going to contact local newstations to get VERY good media coverage on this because YCJUSD is in the wrong and overstepping our parental rights. Please let me know which further action your district plans to take. We plan to fight this all the way via HSLDA lawyers as well as our personal lawyer, Richard Goulding. We have been advised that we do not have to attend a SARB meeting as it is NOT a legal supeona, nor will we sign anything as our students are not truant. They are homeschooled by loving parents who have their best interests at heart. I have my teaching credentials as well so I know my children are receiving a well rounded education. I hope this matter can be resolved professionally and quickly so it does not need to become a legal/court/media battle. What has happened with Garnet was absolutely unprofessional and will reflect your district in the media as she made those calls to authorities of false accusations during her work hours on district phones. So please keep all issues in consideration as your district decides what steps to move forward with. Thus far, Patricia Garnet has portrayed your district in a very hillbilly like fashion. The CDE personel has even complained, stating that she is VERY unprofessional and unpleasant saying that they felt she has a personal agenda against our family as well. George Olive in particular said that she called him and didn't like hearing what he had to say(that our family IS legal to homeschool via an affidavit) so she twisted his words and tried to continue her agenda and he became tired of arguing with her. This is NOT reflecting well on your district at all. Again, I just would prefer a quick resolve to be left alone to do what I am legally allowed to, homeschool my children in peace. Thanks very much, Janis ______ " Well, good news.....as of yesterday morning the district backed down. They told me that they were in the wrong and were sorry for any trouble they caused. Apparently districts are getting very desperate for money so homeschoolers beware! Though I am happy we won, I am still very stressed about Nate being accused of threatening this woman and he most definately did not. We are taking her to court and sueing her for personal damages against a deputy. Most of these cases win around 5,000 because this false report, whether proven false or not, will be a permanent part of his police record now. Very upsetting. Please keep our family in your thoughts and prayers. Its just been a hard week.

3 comments:

The Mom said...

Sorry to hear you're having issues with your local district. Glad you've resolved it. On another note, I was reading Kayla's blog last week and noticed she's put your home & cell phone numbers in her last post. Not sure how comfortable you are with this, thought I'd give you a heads up. I'm weird about the internet and privacy :-)

Cat said...

Oh my, so sorry to hear you've had to deal with that stress. I've had some fun with our district lately but NOTHING like that (just paperwork mixups regarding my K'er). I'm glad you got it all sorted out, and hope you have no more trouble for them. Your blog has helped me to loosen up on my own schooling, and decide to venture more to unschooling myself.

The cool family! said...

That is AWESOME! I loved the letter!!!