States

No End Seen to Flap Over Calif. Home School Policy

By Mary Ann Zehr — October 30, 2002 4 min read
  • Save to favorites
  • Print

Scores of California home schooling parents defied the instructions of the state schools chief and filed affidavits this month with the state education department saying that they are running private schools.

Advocacy groups for home schooling had encouraged parents to file the affidavits, even though Superintendent of Public Instruction Delaine Eastin reiterated in July her position that home schooling parents who do not have teaching credentials are operating “outside of the law,” and are not operating valid private schools.

Home schooling parents, who note that California law doesn’t require teachers at private schools to have teaching credentials, maintain that they can operate under the “private school” provision in state law. The parents’ action is the latest twist in a running dispute over how the state defines and treats families who school their children at home.

Michael Smith, the president of the Home School Legal Defense Association in Purcellville, Va., argued in an interview that Ms. Eastin is wrong.

“We feel that the law is clear the way it is,” he said. “We’ve been home schooling [in California] through the private school exemption. The issue is whether home schoolers can comply with the private school provision, and they can.”

Such differing interpretations of California law illustrate what can happen in states that have not updated their laws to specifically address the burgeoning home schooling movement.

According to California Department of Education interpretations, home schooling parents may teach their children under a tutoring provision of the law, but only if the parents have state teaching credentials. They should not file affidavits saying they are running private schools, Ms. Eastin wrote in a July memo.

After Ms. Eastin distributed the memo, home schooling parents flooded her with so many calls and letters accusing her of unfairly applying the state’s compulsory schooling law to them that she wrote to legislators in August asking them to change state education law to address home schooling.

Currently, the terms “home schools” and “home schooling” do not appear in the California law.

“If home schools are to be authorized in California, that change needs to be made clear in the law,” Ms. Eastin advised legislators. “If there are conditions that ought to be placed upon the quality of education being offered in a home school, then that should be made clear as well.”

But last week, no one could point to a concrete sign that the legislature, in fact, would address Ms. Eastin’s concerns. The state superintendent is finishing her second term and cannot seek re-election.

No Action

Nichole Winger, the director of communications for the state department of education, said she had heard discussion “through the grapevine” that some legislators believe, “‘Well, we need to do something.’” But she couldn’t name any lawmakers who had publicly promised to take up the issue of home schooling legislation.

Lawmakers didn’t address home schooling before their summer session ended on Aug. 31, and the issue didn’t seem to have much urgency last week for legislators who were called for this story. Neither the president of the state Senate nor the chairman or vice chairman of the Senate education committee returned phone calls asking for comment.

Assemblywoman Jackie Goldberg, the Democrat who heads the education committee in the lower house, did grant a telephone interview on the topic. But she doesn’t see any need to change the current law.

The reasons she gives for her views differ, though, from those of home schooling advocates. Ms. Goldberg believes the law is clear that parents who don’t have teaching credentials aren’t authorized to teach their own children— and she doesn’t think they ought to be able to.

California isn’t the only state that doesn’t specifically name home schooling in education laws.

At least 11 other states don’t, according to Mr. Smith of the Home School Legal Defense Association. “All of these states have a private school law that home schoolers operate under,” he said.

The courts have stood by such interpretations, according to Mr. Smith. In 1985, for example, the Texas Supreme Court decided in Texas Education Agency et al. v. Leeper et al. that home schooling parents could instruct their children under the private school provision in Texas law, he said.

“What tends to shock people when they call us about home schools [in Texas] is to find there’s absolutely no oversight by anybody for those schools,” said Debbie Graves Ratcliffe, the director of communications for the Texas Education Agency. “The courts have told us to leave them alone.”

California’s Ms. Winger, on the other hand, points to Pennsylvania as a model for how a state should address home schooling in its laws and written guidelines.

Pennsylvania Model

Sarah Pearce, an adviser for the school services unit of the Pennsylvania Department of Education, said that her state changed its education law in 1988 because of pressure from home schooling advocacy groups.

Before then, parents couldn’t teach their children at home unless they had teaching credentials. Now they can. But they also must meet various state requirements, such as providing portfolios of their children’s work and ensuring that their children take standardized tests in grades 3, 5, and 8.

One California school board, the San Diego County board of education, has put the onus on the state department of education to clear up any ambiguity about home schooling.

In a September resolution, the board declared that “it supports private home education and strongly encourages the California Department of Education to clarify the Education Code Regulations to support home schooling, which it believes was always the intent of the California legislature.”

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

States McMahon Touts Funding Flexibility for Iowa That Falls Short of Trump Admin. Goal
The Ed. Dept. is allowing the state education agency to consolidate small sets of funds from four grants.
6 min read
U.S. Secretary of Education Linda McMahon is interviewed by Indiana’s Secretary of Education Katie Jenner during the 2025 Reagan Institute Summit on Education in Washington, D.C., on Sept. 18, 2025.
U.S. Secretary of Education Linda McMahon, pictured here in Washington on Sept. 18, 2025, has granted Iowa a partial waiver from provisions of the Every Student Succeeds Act, saying the move is a step toward the Trump administration's goal of "returning education to the states." The waiver allows Iowa some additional flexibility in how it spends the limited portion of federal education funds used by the state department of education.
Leah Millis for Education Week
States Zohran Mamdani Picks Manhattan Superintendent as NYC Schools Chancellor
Kamar Samuels is a veteran educator of the nation's largest school system.
Cayla Bamberger & Chris Sommerfeldt, New York Daily News
2 min read
Zohran Mamdani speaks during a victory speech at a mayoral election night watch party on Nov. 4, 2025, in New York.
Zohran Mamdani speaks during a victory speech at a mayoral election night watch party on Nov. 4, 2025, in New York. The new mayor named a former teacher and principal and current superintendent as chancellor of the city’s public schools.
Yuki Iwamura/AP
States Undocumented Students Still Have a Right to Education. Will That Change in 2026?
State-level challenges to a landmark 1982 Supreme Court ruling are on the rise.
5 min read
Demonstrators hold up signs protesting an immigration bill as it is discussed in the Senate chamber at the state Capitol Thursday in Nashville, Tenn. The bill would allow public school systems in Tennessee to require K-12 students without legal status in the country to pay tuition or face denial of enrollment, which is a challenge to the federal law requiring all children be provided a free public education regardless of legal immigration status.
Demonstrators hold up signs protesting an immigration bill as it was discussed in the Senate chamber at the state Capitol in Nashville, Tenn., on April 10, 2025. The bill, which legislators paused, would have allowed schools in the state to require undocumented students to pay tuition. It was one of six efforts taken by states in 2025 to limit undocumented students' access to free, public education.
John Amis/AP
States Obituary Four-Term North Carolina Gov. Jim Hunt, a Leader in Education Reform, Dies at 88
Hunt was known as a pioneer "education governor," serving 16 years in the job as North Carolina transitioned to a high-tech economy.
6 min read
Former North Carolina Gov. Jim Hunt speaks at the Democratic National Convention, Sept. 5, 2012, in Charlotte, N.C.
Former North Carolina Gov. Jim Hunt speaks at the Democratic National Convention on Sept. 5, 2012, in Charlotte, N.C.
J. Scott Applewhite/AP