How worried should I be? [Truancy in California]

[fireflies]

I've been a member here for years. However, today I am posting under a new user name to protect my privacy. During the 2009-2010 school year, we enrolled in a charter school after homeschooling privately for 3 years. We continued during the 2010-2011 school year. After the first semester, we decided to leave the charter school and go private again. According to the HomeSchooling Association of California, we wouldn't need to file an affidavit for private school until the fall of 2011. 

The CDE told us that they believe that new private schools are allowed to be formed after October 15. They said, however, that these new schools should not file an affidavit for that school year, but should just wait until the following fall to file.

So I didn't.

A truancy officer came to my house today.  He was very nice and made it clear that he isn't a bully and is not here to judge what I do with my family or the curriculum that I choose.  He told me that he could tell that we actually "do" school because I have a school area set up and things written on the white board, etc.  But he did get a letter from our former charter school saying that we left the school and I don't have an affidavit.  He said that technically, he can take my children right now and go put them in school.  (Luckily my children aren't here right now because we've had extended power outages and they are waiting them out at their grandma's house.) 

And something that confuses me is that he said that there have been reports that my kids don't know how to read.    Who said that?

Anyway, he said that if I can file an affidavit and fax it to the county's school district's main office, then they can pull him off my case.  So right after he left, I filed the affidavit and faxed it right off. 

Now what?

How worried should I be?

Lillian? 

[GnomeyNewt]

I am sorry you have to go through this. I don't know anything about California laws, so I won't be much help with what you are and aren't required to do in that state. I just wanted to say, not to believe 100% what that guy said -- because half the time those workers say things to bully people into doing certain things. I am sure other homeschooling parents can give you advice about California state laws, and I'm curious about it too. I hope it all works out for you and it sounds like you are doing what you can.

[fireflies]

Thanks, Sarah... so kind of you to reply.  :)

[Climbing Rose]

Did you follow up and make sure they got the fax, and ask if it is resolved now?

Then maybe you could call the man (or his authority) and ask if it is closed then?

I don't know much about HSing in CA.  Sorry, I wish I did.

At least you got a nice, reasonable person!

Personally, I would try not to worry about it.  (Easier said than done, I know!)

But do you really think he even had the authority to just take them?

I mean, I live in PA (not the ideal place for HSers) and even here AFAIK they don't just kidnap your DC, yk?  You have to go before a board, etc, from what I hear.  It's a process, not just a "We're here for your LOs!" sort of thing.

Any chance you are a member of HSLDA?  Maybe you could call them anyway, or a lawyer connected to a HS group- just for peace of mind.  Peace of mind if worth the money, IMHO.

Also, try and rest in that the situation in many ways is really on your side.  You were told you didn't need to send in a form yet, so you didn't.  You were educating your DC, and even the man saw that.  I would act as though it were a non-issue when you talk to them, yk?  Just be calm and sound like you are on top of it, and act as though it is no big deal- a piece of paper, now taken care of, the-end, thank you very much.  *smile, smile, smile*

Let us know what happens, okay?

[rubelin]

Yes, you do need to file a PSA as soon as you start your private school, if it falls after the regular filing period. Print out a copy of the form they give you once you're done filing for your "special" school notebook, along with an attendance chart for each child. If he shows up again, those 2 things are ALL you need to show as proof that your kids are registered for school.

I think he was just bullying you irt the "reports" of your kids not being able to read. It's strange that he showed up at your home in the first place, so I'd guess that some "concerned" acquaintance of yours turned you in because they have issues with homeschooling. Their academic abilities are nobody's business until they graduate from high school and only then because you'll give them a diploma stating that they've completed their HS education)

If you need more help, check out the California Homeschool Network - http://californiahomeschool.net/

[Lillian J]

Hi - Sorry, I just now came across this thread. Actually HSC suggests that you do go ahead and file the psa even though the state says it isn't necessary:

From the HSC site (scroll down to section F on this page:  After Oct. 15)

"We have asked the CDE if they agree that new schools can be formed after October 15, and, if so, when these schools should file their affidavits. The CDE told us that they believe that new private schools are allowed to be formed after October 15. They said, however, that these new schools should not file an affidavit for that school year, but should just wait until the following fall to file.

We agree that, strictly speaking, this is correct. However, because the CDE isn't the only government agency that has a reason to think about whether a particular private school is "legal," we are a little worried that some other government official might interpret the requirements of Section 33190 differently. For example, an attendance officer might come to someone's door inquiring whether a particular child is attending a legal school and not truant. That official has the right to see certain papers (see discussion at Section C of Special Situations). One of those papers is the filed affidavit. If the school was formed after October 15 of a school year and hadn't filed an affidavit, it could certainly explain to the officer how the CDE interprets a new school's obligations. But that officer might look at Section 33190 and Section 48224 and conclude that the school isn't legal because it hasn't filed an affidavit. We doubt that a supervisor or a court would agree with the officer's conclusion, but any parents wanting to shut down the possibility of ever having this argument might want to think about filing an affidavit anyway."

I would contact HSC's legal team - there are lawyers among them - and ask them what they'd advise at this point, but I'm pretty sure they'll tell you to just go ahead and file the psa now. Haven't had a chance to read other responses yet - will do that and maybe add more.

Lillian

[Lillian J]

Ah! Okay, I just went back and finished reading your post. You wrote:

"Anyway, he said that if I can file an affidavit and fax it to the county's school district's main office, then they can pull him off my case.  So right after he left, I filed the affidavit and faxed it right off. 

Now what?

How worried should I be?"

Seems like you've done all you need to do - you had established your private school and were waiting till Oct. 15 to file the affidavit, which is, as the state itself says that the filing of an affidavit is a ministerial thing only; it doesn't create or validate the school. But it would still be comforting to just contact the HSC legal team and see if they have anything to add.

I really, really don't see how there would be anything to worry about - just make sure you've taken the steps necessary when establishing your school.

Lillian

[Lillian J]

This page will let you email the HSC legal team.

And watch for a PM, because I'll also give you their email address.  Lillian

Edited by Lillian J - 3/26/11 at 12:14am

[Lillian J]

Originally Posted by Love 

Any chance you are a member of HSLDA?  Maybe you could call them anyway, or a lawyer connected to a HS group- just for peace of mind.  Peace of mind if worth the money, IMHO.

We're very fortunate in CA to have a legal team of homeschoolers among us who are lawyers and can provide information and support for no fee - anyone can contact them through HSC, member or not. Although it's always nice and very appreciated to help support all this by becoming a member of the HSC organization, and a membership of only $30 provides a subscription to the California HomeSchooler, HSC's bi-monthly magazine, discounted registration for the fun-for-the-whole-family HSC Conference, and priority registration for campouts and other event. And people can also offer substantial support by one of several simple fund raising efforts that require no money or effort.      Lillian

[Lillian J]

Originally Posted by fireflies 

But he did get a letter from our former charter school saying that we left the school and I don't have an affidavit.  He said that technically, he can take my children right now and go put them in school.  (Luckily my children aren't here right now because we've had extended power outages and they are waiting them out at their grandma's house.) 

And something that confuses me is that he said that there have been reports that my kids don't know how to read.    Who said that?

Not feeling that well today, so I'm sort of digesting things in pieces.

Seems like that former charter school tried to cause you a problem - there's absolutely no reason why they should be reporting to anyone as to whether or not you've filed an affidavit. My guess is that it was them who told some school authorities that your kids don't know how to read. But as for him being able to take your children right then and put them in school, that doesn't make sense to me. And I've never heard of a truant officer saying such a thing - I think he was probably just trying to make sure he had your attention. The way it would normally go is that he would report his findings back to the office that sent him, and a decision would be made by the SARB (student attendance review board), whether to have you come in for a student attendance review. They would hear what you have to say and might, if it was clear you really weren't meeting your legal commitment, ask a district attorney to prosecute for whatever they wanted, such as putting your children in school. The DA would know and understand more about the laws, and that would certainly be to your advantage. But it's pretty rare for something to ever get that far. Since the officer told you to just file an affidavit and fax it in, he obviously has not expectations that anyone wants to hassle you. I suppose it's possible that I'm missing something that officer was referring to, but I find that pretty hard to believe - I've never heard of such a thing. 

Lillian

[fireflies]

Thank you for all the replies! :)

Love ~ They did receive the fax.  Maybe I should call today and check on the status...

Lillian ~ A lot of things the truant officer said to me didn't make sense.  But I was so nervous when he was here (and trying to remain calm) that I didn't really think it through while he was here.  It was only after he left that I started really digesting what he said and realized that it didn't make sense. 

I'm going to send an email off to the HSC legal team and see if they have anything to add. 

Thanks, everyone!

[fireflies]

Another thing the truant officer said is that he's been trying to track me down for months!  I'm thinking, "well we're not that hard to find!"  LOL  We've lived here for several years and the charter school had our address.  Makes no sense. 

[Lillian J]

Did he show you identification? This sounds peculiar to me.  

Lillian

[fireflies]

Yes, he gave me his card and when I called the superintendent's office to get a fax number I said, "a truant officer... blah blah blah" and they said, "was it *John Doe*?"  So at least I know he's for real.