Homeschool World Forum

From California Homeschool Network: The Private School Option:

A private school is established by following the requirements in the Education Code. Once the school has been established, it must file a private school affidavit annually (§33190.) This affidavit does not establish a school; it merely lets the California Department of Education (CDE) know that a school has been established. Any individual may establish a private school in any location without a teaching credential or a business motive as long as he or she follows these statutory requirements.

It looks to me like the affidavit is for notification only, and the district has no right whatsoever to rule on whether or not you're "allowed" to homeschool your child. I don't know if you can force them to send you your son's school record as well, but if you're homeschooling now, that doesn't really matter much, since every curriculum is different and you'll probably want your son to take a placement test anyhow if you choose a specific packaged curriculum.

My advice is to call the district back and let them know that by filing the affidavit, you have fulfilled all the requirements for opening a private school in California. If they make further trouble, contact your state homeschool groups and HSLDA (which you probably want a membership with just in case) and let them deal with the district. The disagreement will be over very quickly, and in your favor.

Thank you for your advise. I called the people from Home Choice and the lady that answered the phone said that if I had already filed that affidavit as a privat school that was all I needed to do, that maybe the person from the district didn't know what to do in a situation like this. She told me that Home choice is also available if I ever decide to go with a public school at home and that I was welcome to go and check them out they are located in my sons previous school. Now I wanted to ask you, do they need to give me the school record of my son or can I do fine with out it. The reason I ask is because today I pulled my other son out of school and the lady at the office told me they never give the records to the parents that I can only make an appointment to view them and then they will see if they let me make some copies at 10 cents each. It seems they don't care that I have set a private school at home, as long as is my home to them is not a private school.

Since you are now officially a private school from the viewpoint of the state, the school should have to give you your son's records - unless they have some asinine policy that states that records are never to be transferred between schools. Take a few minutes and put together some "official letterhead" for your private school, then mail or fax them a formal request for the records of student x (your son) who is now a member of private school y (come up with some name). If they still won't hand over the records, then they are no doubt in violation of the law, in which case you can go back to your state homeschool organizations and/or HSLDA and ask them to take necessary legal action.