Background
California does not have a clearly defined homeschool law. However, parents can homeschool if they file paperwork to create a private school and hire a tutor with credentials, or if they have their child participate in an independent study program through a credentialed school. So what happened?

In a confidential juvenile court proceeding, two of the eight children of Philip and Mary Long filed a complaint of abuse and neglect with the Los Angeles Department of Children and Family Services (DCFS). The agency determined the Long children were being homeschooled by their mother while officially enrolled in an independent study program at Sunland Christian School. DCFS asked the court to rule that the children must attend public school so they could be observed for abuse. The Longs adamantly denied the abuse claim.

The juvenile court ruled that the family, represented by court-appointed attorneys, had a right to homeschool their children. DCFS then appealed the case to Judge H. Walter Croskey's appellate court. Judge Croskey ruled that California law forbade any homeschooling not taught by a certified teacher. In the judge's opinion, what California had been allowing was illegal. The ruling became known publicly when the California Court of Appeals published the case on February 28. You may view the ruling here.

According to Mike Farris of HSLDA, the court should have restricted its decision to the family, but instead issued a broad ruling that effectively outlaws home education in California. The court also certified its decision for publication, which means the decision can be cited as legal authority by all California courts. The family plans to appeal their case to the Supreme Court of California, which could result in a reversal.

A Public Outcry
On a preemptive radio broadcast last week, Dr. James Dobson of Focus on the Family discussed the California ruling. (You can still listen to the discussion online.) Dr. Dobson was joined by Michael Farris of Home School Legal Defense Association and Roy Hanson of Family Protection Ministries, an organization that monitors the California state legislature. Both homeschool leaders were in agreement--this outrageous decision was an attack on parental rights, affecting up to 200,000 California homeschoolers. It should only impact the family involved in the case.

In a recent statement, Roy Hanson reminded homeschoolers that while this is serious, parents should not panic. No laws have changed. California is one of 12 states allowing private homeschools to operate as private schools. The Appellate Court does not have the final say. The decision will be appealed.

The Los Angels Times reports that Governor Arnold Schwarzenegger has called for the reversal of the appellate court's decision. "Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts, and if the courts don't protect parents' rights then, as elected officials, we will."

After a legal review of the court ruling, California State Superintendent of Instruction Jack O'Connell stated, "I have reviewed this case, and I want to assure parents that choose to homeschool that the California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to homeschool in our state."

Home School Legal Defense is asking homeschoolers across the nation to sign a petition requesting the California Supreme Court to "depublish" the opinion. If the opinion is "depublished," it cannot be used by other California courts, meaning this threat to homeschool freedom would be gone. It also means the decision will only affect the family involved in the court case--not other California homeschooling families. We encourage you to support California homeschoolers by signing the petition here.

The California homeschool associations and several legal firms, including HSLDA, are presently working to resolve this problem. They are considering various options and are formulating the best strategy for limiting the impact of this decision. It is not necessary for Virginia homeschoolers to contact California legislators or the California Supreme Court.

Can This Affect Virginia Homeschoolers?
The California ruling will not directly impact Virginia homeschoolers. This ruling is only for the state of California where there are no clearly defined homeschool laws. In contrast, Virginia has a definitive statute outlining the ways parents can legally homeschool and the requirements that must be met. However, we must be alert for a possible trickle-down effect as an increasing number of state legislatures attempt to curb the freedoms homeschoolers have enjoyed. There already seems to be a trend for state governments to tighten up on homeschool regulations.

I can assure you, HEAV will continue to be vigilant in protecting your homeschool freedoms. Throughout the last 25 years, we have built good relationships with many legislators who understand parental rights and freedom of choice in education. We also have a good working relationship with the Virginia Department of Education and their policy staff and communicate directly with them on matters that affect homeschoolers.

So, How Can You Help California Homeschoolers?
1) As HEAV's president Anne Miller says, "Pray! It is no coincidence the legal battles won 25 years ago had a strong undergirding of prayer." Today, we need the same power of prayer to stand firm in defending our God-given rights to teach and train our children.

2) Show your support by signing the HSLDA petition. The petition and links to numerous articles can be found here.

3) Stay informed. You can follow events as they develop and leave your comments on HEAV's Blog. We will continue to post information as it becomes available.

The New York Times said, "The lack of supervision of the homeschool process, some experts say, may have made it easier last year for ... to withdraw her children from school and the prying eyes of teachers, social workers, and other professionals who otherwise might have detected signs of abuse and neglect of the girls." What a gigantic leap--from a troubled parent who said she did not want to send her children to school, to excessive regulations on all D.C. homeschoolers. Throughout the parent's involvement with social services, there was no indication the parent ever homeschooled.

As a result of extensive media criticism, the District of Columbia proposed new regulations for home instruction and asked for 30 days of public comment beginning February 29. Homeschooling parents in the D.C. area read the regulations in disbelief! In the past, D.C had limited requirements; they required only a notice of intent and attendance records. Now parents face some of the toughest regulations in the nation! Among other requirements, the proposal mandated home visits and approval of an in-depth portfolio.

At a recent public hearing, several hundred D.C. homeschoolers packed the hearing room, and approximately 30 parents, including Chris Klicka and Scott Woodruff of HSLDA, testified against the excessive regulations. Following the homeschool outcry, the D.C. Board voted to redraft the proposal with input from D.C. homeschoolers.

The Board has invited D.C. homeschoolers to e-mail comments to Stephanie Thomas at Stephanie.thomas@dc.gov, or to call 202-724-7787. This is an important opportunity for homeschoolers in the District of Columbia to work together and take action in the formation of reasonable homeschool policies.

Please support your fellow D.C. homeschoolers in prayer. Comments concerning new regulations should only be made by D.C. residents.

A university law student contacted HEAV to report his constitutional law professor's concern. The Liberty University professor, homeschooling parent Rena Lindezaldfen, testified before the school board citing case law in opposition to the new requirement.

HEAV board member and Lynchburg area resident Rick Boyer also spoke in opposition to the proposal.

Based on a letter of explanation from Scott Woodruff of HSLDA and opposition testimony at the school board meeting, the board decided no child would be required to sign the form.

Parents may use

1. Any nationally normed standardized achievement test or
2. An evaluation or assessment, including, but not limited to,
   1. an evaluation letter from a person licensed to teach in any state, or a letter from a person with a master's degree or higher in an academic discipline, or
   2. a report card or transcript from a community college or college, college distance learning program, or home education correspondence school.

Prepare for successful testing now by clicking here. You'll discover how to prepare your students, how to find testers, where to order tests, and how to interpret the results. We will have a detailed analysis of the new laws in a future Update.

*Homeschoolers must be tested if they have registered under §22.1-254.1 of the Virginia Code by filing a "Notice of Intent to Provide Home Instruction," or letter with the school division. Testing is not required for the following:

1. children who are under the age of six as of September 30 of the school year;
2. students who are under the religious-exemption provision §22.1-254(B)(1);
3. students being taught by a certified tutor §22.1-254 (A); or
4. students who have graduated, regardless of age.

Survey Results
Thanks to those of you who participated in our assessment survey. The information will be very helpful in future planning.

Out of the 526 respondents,

1. 433 used standardized achievement tests,
2. 14 used an independent evaluation by a certified tutor,
3. 44 used an independent evaluation by a professional evaluator,
4. 18 used an unevaluated portfolio, and
5. 17 used a portfolio evaluated by a certified tutor or professional evaluator.

Sincerely,