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GWS 32 continued from previous page. This is page 2 of 13.
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County schools Superintendent Carl Buckner said he is not sure whether the school system will even pursue an investigation into the home schooling... _____
Nancy added, "I talked with Gerri Failla today. She said that her attorney and the County District Attorney reached an agreement. They agreed to an indefinite postponement. The D.A. assured them that they would not be hassled by the superintendent or school board. It seems that the schooling both families were doing was never investigated or evaluated. The D.A. was a bit embarrassed about this, and the judge reprimanded the superintendent for it..."
MORE HOME-SCHOOLERS IN COURT
ANOTHER WIN: Dorothy and Charles Colf of Seligman, MO. FILING SUIT AGAINST DISTRICT: Dave & Pat Wallace, Winnemucca, Nev. FACING COURT ACTION: The Charles Bergmans of Newfield, NY; Mr. and Mrs. Don Hole of Willow Shade, KY; home-schoolers incorporated under Faith Academy in Wisconsin; Edwin & Cheryl Burwell, Richard & Karen Helleman, Robert & Sandra Trower, all of Angleton, Texas. APPEALINC LOSS: Lynne & Erwin Leffe of Thompson, OH; the Sawyers of Kansas City, Kansas; and Martha Zamber of San Antonio, TX (attorney, Dave Haigler).
CONFUSION IN CALIFORNIA
In February, a dozen or more California homeschoolers phoned, wrote, or sent clippings about new developments out there. It all began when Robert Ponce, Assistant Superintendent of the California Department of Education, sent a memo, dated Jan. 21, to "Selected District Superintendents of Schools" which read in part:
... It has come to our attention that there are one or more households within your district attendance boundaries in which parents are providing private home instruction. The purpose of this letter is to tell you that private home instruction by persons not fully credentialed in the state of California has been declared an illegal activity since 1952. The two landmark court cases which have considered this have unequivocally concluded that private home instruction is not exempt from the compulsory attendance laws... (People v. Turner, People v . Shinn).
The mere fact that a school has filed a 1982 "Private School Affidavit" with the Department of Education, pursuant to Education Code Section 33190 does not make home instruction a private school ... The affidavit is only for statistical reporting purposes.
... We suggest that you conduct an investigation into these apparent violations of the compulsory attendance laws.
Enclosed is a list of addresses of parents within your school attendance boundaries who we feel may be conducting private home instruction without being fully credentialed to do so ... _____
[Donna Richoux:] Several home-schooling families told us of receiving letters from their local districts or unannounced visits from truant officers after this memo was issued. The San Francisco Examiner ran an article on the situation Feb. 20, "State Gets Tough on One-Family Schools," which was picked up by the UPI wire service and reprinted around the state.
One home-schooler was particularly indignant because it was Robert Ponce himself who had told her some time ago that she would satisfy the law by filing a private school affidavit!
Jane Williams, who has started the CALIFORNIA HOME EDUCATION CLEARINGHOUSE (8241 E Hidden Lakes Dr, Roseville CA 95678) was in touch with the state Dept. of Ed. early in February and told us:
... Ponce has stated that his letter was sent in error ... It was never meant to go out as it did. I have talked with Ponce myself and also Janet McCormick, who is considered the state department's official liaison to non-public schools ... McCormick states one of her immediate jobs is to determine the need for a letter in response to Ponce's ...
... Ms. McCormick stated the law is unclear as to what constitutes a private school ... The court cases, Shinn (1961) and Turner (1953) were adjudicated prior to the state law allowing for registration of private schools through means of the Private School Affidavit form. (Ms. McCormick was guessing the year that became law; she thought 1967). Because of this, Ms. McCormick, although not an attorney, says she does not feel the state department can fall back on the court cases of Turner or Shinn to disqualify parents' use of the Private School Affidavit ... _____
[DR:] There was not always agreement among local school officials about what to do. From some articles in the local Tuolumne County papers sent by Pat Tennant (CA):
... Almost all the superintendents [in the county] agree with superintendent Larry Naegeli of the Soulsbyville Elementary School District... "There are one million things that have to be done at once right now, and home schools are not at the top of my list."
Jack Price, a part-time attendance consultant for Stanislaus and Tuolumne counties ... strongly disagrees. "A superintendent's primary duties are to see that all of the children in his district, not just those in his school, are getting a legal education."
... Norm Wiley, superintendent of Belleview School echoed comments of several other school officials when he said the state has put an unfair burden on local schools by asking them to enforce vague private school requirements. "I think it's up to the state to define this better," he said. "I've got better things to do with my time."... _____
[DR:] From an article by Diane Divoky, "Home-Teaching Supporters Mobilize" that appeared in the Sacramento Bee Feb. 24:
... When state superintendent Bill Honig learned of Ponce's memo after the fact, he canceled the directive and asked Janet McCormick, the department's liaison for private schools, to draft a new policy statement on home schooling.
That directive is expected to continue California's laissez-faire approach to home schooling, leaving the matter up to local school boards. ... As a result of the flap, the home-schooling community is mobilizing to push for state legislation on the issue.
Sacramento home schoolers have begun meeting among themselves and with those from El Dorado, Placer, and Solano counties to establish a statewide support group, the California Home-Schoolers Network.
... One of the concerns of districts is the loss of funds each home-schooled child represents. One California district that has solved this problem is the tiny San Juan Ridge Union District in Nevada City, where 36 students are now homeschooled at no loss to the district. In that program, which operates under 1977 legislation that allows for independent learning arrangements, home-schooling families work out individual learning plans with the district, which monitors and supports their work.
Similar independent learning programs are operating in Placer County, according to county superintendent Ken Lonergan ...
[DR:l In mid-March, Jane Williams and also Pamela Pacula of HOME CENTERED LEARNING (34 Katrina Lane, San Anselmo CA 94960) sent us a copy of the memo written by Janet McCormick, dated March I (sent out under the name James R. Smith, Deputy Superintendent for Programs):
... SUBJECT: Memo from Robert Ponce re Private Home Instruction ...
Last month you received the above referenced memorandum which included a listing of certain small private schools in your district. There have been numerous questions and concerns regarding the State Department of Education's intent in distributing this listing, as well as the legal effect of the accompanying memorandum.
First, this listing identifies, according to our current records, all private schools in your district with an enrollment of four or fewer students. The listing was provided merely as a result of the frequent requests we have received from districts for this information.
Next, the "legal effect" of the memo must be addressed. The memo is not a declaration from the department that these schools are operating in violation of the law. The department does not have the information or the authority to make that judgement. Some districts have regarded the memo as a "directive" or "mandate" from the Department of Education to take legal action against the persons listed. This is not the case. The legal responsibility is invested in local school districts and governing boards to take action at their discretion in these matters.
We understand that this issue is a very complex and sensitive one, and apologize for any confusion caused by prior Department of Education communications. If you have further questions, please contact Janet McCormick, Liaison, Non-Public Schools at 916-323-0547 ... _____
[DR:] So that's where the matter stands at present. As we go to press we have not heard what the effect of this second memo has been on any school districts that started investigations or prosecutions following the first memo.
A final postscript: Pam Pacula received this letter from Gary K. Hart, Chairman of the Calif. Senate Committee on Education, dated March 2:
...Thank you for your thoughtful letter regarding home schooling ... I agree that home schooling ought to be an option in California. There are many talented parents, some of whom are credentialed teachers, who can provide a stimulating, creative, and challenging educational environment for their children. They should have that choice.
However, I also feel that we must make sure that all children receive instruction in safe surroundings. State law with respect to nonpublic schooling requires that facilities meet fire safety, health and sanitation standards. The law also sets forth requirements with respect to pupil records and teacher qualifications. I believe that these provisions are necessary and desirable.
If you and your colleagues sponsor legislation to clarify home schooling as an option, I will give it my careful consideration. I am confident that we can maintain home schooling as a viable alternative, and still make sure that all children are in safe, secure, and challenging educational settings ...
LEGISLATIVE NEWS
GEORGIA: The State Board of Education's hearing on its proposed policy for private schools (requiring a minimum of 15 students, a school building, and a teacher with a college degree), which was postponed once to March 17 (GWS #3l), was postponed again, this time indefinitely, apparently under the governor's influence. Meanwhile, opponents of the regulations introduced several bills into the legislature. The House passed a bill that would require the Board of Education to fall under the Administrative Procedures Act and to limit its ability to make regulations), and the Senate passed a bill that would remove the regulation of private schools from the Board's authority. The legislative session ended before any compromise could be reached, so the matter awaits the 1984 session.
INDIANA: Jean Lafferty sent us a copy of House Bill 1447, introduced by Rep. Wilson, which would specify "home instruction" as an alternative to public school attendance. The bill would require parents to "furnish the superintendent with an educational plan, including curriculum and the qualifications of the parent who is providing instruction," and it also says, "The burden shall be on the parent to show that the instruction is equivalent to that given in the public schools."
LOUISIANA: Kathy Reves writes, "CITIZENS FOR HOME EDUCATION urges all GWS subscribers who are Louisiana residents to write to La. state legislators to request that they vote against a repeal of Act 828 of 1980. La.'s private school deregulation and home study law. Rep. Woody Jenkins, author of the law, expects an even tougher fight this year ... The Board of Elementary and Secondary Education ... decided to ask Attorney General William Guste to determine whether home study violated the intent of traditional laws requiring every school age child to attend school."
MARYLAND: A note from Manfred Smith: "Everything's quiet in Md. The state is re-writing bylaws and a new public hearing will follow (April-May). We will resist them as forcefully as we did the old ones [GWS #3l]."
MISSOURI: Rebecca Osterhage, who says there is now "a loosely associated group" of 39 homeschooling families in St. Charles County, sent us a copy of House Bill 645, which, like the Indiana bill, would put onto the parents the burden of proving that home instruction is "substantially equivalent" to public education. Later she learned that Rep. Whitehall of Ballwin added several amendments favorable to home-schoolers, such as allowing them to use school libraries and texts. The bill then died in committee.
MONTANA: From the MONTANA HOMESCHOOL SOC. NEWSLETTER (PO Box 1008, Belgrade MT 59714; $8/yr): "House Bill 49 came before the House Education Committee a couple of weeks ago in favor of homeschooling. Many homeschoolers were there to speak in support of the bill ... The bill is on hold for the moment, but it isn't dead yet."
The newsletter goes on to say, "...The Board of Public Education is currently putting together a proposal to be presented in bill form to the '83 legislature ... to regulate all private institutions (non-public schools) ... One of the alternatives that is being frontally attacked by this bill is the home school option... Home schooling was an option specifically allowed in the Montana School laws from 1903 until 1971 when specific reference to it was dropped ...
NEVADA: Marian Sorensen (702-752-3566) sent us regulations proposed by the State Board of Education that would require home-schooling parents to hold a teaching credential. The latest news, from Kathy Erickson in Las Vegas (702-363-1849) is that the Education Committee of the State Assembly is to hold a hearing on the question in Carson City March 29, and home-schoolers will be there.
NEW YORK: A reader saw the state's Commissioner of Education, Gordon Ambach, on TV urging the compulsory school age be lowered to age 4. She hopes New York home-schoolers will "deluge him with letters voicing their opinions on this proposal."
SOUTH DAKOTA: According to an Omaha World Herald article (11/21/82) reprinted in the Home Educator's Newsletter, "A bill calling for the repeal of a 1981 state law allowing education at home has been requested by State Sen. Don Peterson, Yankton." We are trying to find out more about the 1981 law, as well as Peterson's bill.
TENNESSEE: Yet another state trying to pass restrictive regulations for private schools. Senate Bill 1136 and House Bill 1033 would require private schools to have at least 20 students, be elsewhere than a home, and have teachers with college degrees. Wolf Nemeth of Dry Creek Community School (Dowelltown TN 37059; 615-536-5287) is organizing opposition.
WASHINGTON: Debra Stewart of the UNSCHOOLERS PROJECT writes, "We have up before the legislature this session no less than three home-schooling bills, none of which will pass, it seems, and several really bad bills in both the House and Senate ... When the hearings came up I made about 15 phone calls to all the reps in our organizational districts, and the communication committee chairmen in the STILLAGUAMISH LEARNING EXCHANGE, and the word got out. Each group was urged to call five people and commit each of those five people to calling one other person, and on and on. Some of the groups contacted many more than that. Several of those contacted were churches with hundreds of members, licensed teachers, and many other unexpected supporters. Surprisingly enough, licensed teachers were against the HB 492 which would extend the school age from 8-15 to 6-18. They said they didn't want older kids in their classes who didn't want to be there because they would be largely disruptive. Well, the network really seemed to work. I got calls from people wanting to know the text and numbers of the bills, wanting to get a newsletter ... Many were shocked to learn how government works. But they got involved by calling the toll-free hotline and leaving messages for their legislators and the education committee."
Debra continued, "Now the word is that the truancy and extended age bills look like they won't pass ... I always tell people that they should not let themselves feel helpless, they are actually very powerful if they will just call in at the right time ... This week the home-schooling bills are coming up for a hearing. We are sending down a group to testify, like we did for the other hearings ... Even if they don't pass, the legislators know we are here now, and even though they hope we are a passing fad, we know that we are not!..." - DR
ORGANIZATIONAL NEWS
NATIONAL: Two address changes - Cathy Bergman and the Home Educator's Newsletter have moved to PO Box Z487, Ft. Lauderdale FL 33303, phone 305-525-6014; and Raymond and Dorothy Moore of the HEWITT RESEARCH CENTER are at PO Box 9, Washougal WA 98671.
The folks at HORIZONS SCHOOL in Georgia have started a publication, Alternative Schooling Newsletter, 229 Ponce de Leon Av, Atlanta, GA 30308 $5/yr (4 issues).
CANADA: Wendy Priesnitz, now at 3859-76th St, #5, Edmonton, Alberta T6K 2P9, writes, "I am still the national coordinator of the CANADIAN ALLIANCE OF HOMESCHOOLERS ... The Alliance sells an information package for $4 (recently updated) which provides legal and contact information for home schooling in Canada. I receive many orders for these and they seem to be of great help to people. I still maintain a network of provincial contacts for people to write for specific regional information..."
And from Terry Faubert (3033 Cedar Hill Rd, Victoria, British Columbia V8T 3J2): "We now have about a dozen interested families in the Victoria area, nine of whom attended our last support meeting. We decided to hold meetings about once every two months ... Our next meeting will deal with local resources of use to homeschoolers, with everyone coming prepared to share their knowledge, books, and favorite places to go..."
CONNECTICUT: There will be a home-schooling picnic May 7th; contact Laura Pritchard, 634-0714.
FLORIDA: Bread for Children (PO Box 1017, Arcadia FL 338ZI; 813-494-6214) will hold its second Home School Seminar April 7-8.
LOUISIANA: Judy Maranto (PO Box 368, Rodessa LA 71069; 318-223-4341) has started a local newsletter.
MARYLAND: A support group has formed in the western part of the state; contact Linda Morgan, 350 Welsh Hill, Frostburg MD 21532; 689-8760.
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