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Should you file the affidavit before pulling them out?

 
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davidarchuleta
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PostPosted: Wed Jan 18, 2012 9:59 pm    Post subject: Should you file the affidavit before pulling them out? Reply with quote

I have a 9th grade child who chose to HS. the 2nd semester just started and i wonder if i should file the private school affidavit first, then once that's done, should i pull him out?

by the way, we reside in california.


Last edited by davidarchuleta on Wed Jan 18, 2012 11:04 pm; edited 1 time in total
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elliemaejune
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PostPosted: Wed Jan 18, 2012 10:33 pm    Post subject: Re: Should you file the affidavit before pulling them out? Reply with quote

davidarchuleta wrote:
I have a 9th grade child who chose to HS. the 2nd semester just started and i wonder if i should file the private school affidavit first, then once that's done, should i pull him out?

I'm assuming you're talking about California. Smile

My recommendation is to join HSLDA first and follow their advice.

Otherwise, with the disclaimer that I am not an attorney and that this is not legal advice, I would generally say to file the affidavit first, then withdraw your dc, informing his school that you enrolling him in a private school. After that, you should send a letter to the school requesting his cum file. You may or may not get it, but you should request it anyway.

Others may advise you differently. This is JMHO.
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davidarchuleta
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PostPosted: Wed Jan 18, 2012 11:07 pm    Post subject: Re: Should you file the affidavit before pulling them out? Reply with quote

i see, i see. but i read somewhere that there needs to be a student who's enrolled full-time at the private school before making the affidavit. i'll be awaiting for more response. thank you for your opinion! Very Happy
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Theodore
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PostPosted: Thu Jan 19, 2012 4:58 am    Post subject: Reply with quote

See this thread on a similar topic:
http://www.home-school.com/forums/viewtopic.php?t=45222

And some specific legal info here:
http://www.hslda.org/laws/default.asp?State=CA
http://californiahomeschool.net/howTo/filing.htm

I don't see any mention of there having to be a full-time student enrolled before filing an affidavit. Though since you have to file at a specific time each year, there's a little debate over what to do before October. Kaye's post seems logical, however.
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elliemaejune
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PostPosted: Thu Jan 19, 2012 4:00 pm    Post subject: Re: Should you file the affidavit before pulling them out? Reply with quote

davidarchuleta wrote:
i see, i see. but i read somewhere that there needs to be a student who's enrolled full-time at the private school before making the affidavit. i'll be awaiting for more response. thank you for your opinion! Very Happy

I don't see how that could be, as the private school must exist before the child is enrolled. IOW, there must be an affidavit filed first. See?

Just a snippet of the compulsory ed code in Calif:

Children must be enrolled in a public school or a private school, or tutored full-time by a credentialed teacher (Section 48222)

Private schools are supposed to file an affidavit annually, offer the same subjects offered by public schools, teach primarily in English, have teachers who are "persons capable of teaching" and keep their qualifications on file, and keep attendance records on which they've indicated students who are absent for more than half a day of however long their school days are (Section 33190).

There's no definition of what "capable of teaching" means. There are no minimum # of school days, no requirements for annual testing or graduation.

Smile
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davidarchuleta
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PostPosted: Fri Jan 27, 2012 11:38 pm    Post subject: Re: Should you file the affidavit before pulling them out? Reply with quote

So after filing the private school affidavit, withdrawing my child, do I still need to notify the school district?
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elliemaejune
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PostPosted: Sat Jan 28, 2012 6:53 am    Post subject: Re: Should you file the affidavit before pulling them out? Reply with quote

You never notify the school district. You only notify the school that you're withdrawing your dc. And for the record, you notify the school not because the law requires it, but if you don't, the school will think your dc is truant, and you'll have a Child Welfare and Attendance Officer at your door. That still happens sometimes, anyway, but if you have proof that you withdrew your dc, and you have your affidavit, then you're probably not going to have problems. And I say "probably" because there is always a chance that your specific school has, um, people in charge who don't think well (trying to be charitable here).
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trhsm2012
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PostPosted: Tue Jan 31, 2012 11:31 pm    Post subject: Hmm- HSLDA suggests notifying the school district as well Reply with quote

Hello,

I have homeschooled my children for nearly all their lives. Due to circumstances, I placed my kids into the public school system for about one and one-half years.

I became a member of the HSLDA, again upon the decision that I could once again school my children as a single parent and make it financially.

Upon taking my kids back out of the public school system, HSLDA suggests to print two copies of the letter they have on site. They say to give one to the public school they attended and one to the school district.

You might consider it. Of course, I am in Oklahoma and the guidelines may differ by state???
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elliemaejune
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PostPosted: Wed Feb 01, 2012 11:02 am    Post subject: Re: Hmm- HSLDA suggests notifying the school district as wel Reply with quote

trhsm2012 wrote:
Upon taking my kids back out of the public school system, HSLDA suggests to print two copies of the letter they have on site. They say to give one to the public school they attended and one to the school district.

You might consider it. Of course, I am in Oklahoma and the guidelines may differ by state???

Yes, guidelines differ by state.

In California, homeschools are considered to be private schools. There are no requirments in the law for private schools to notify school districts regarding their students. It is recommended (and it is common sense) to notify a school that a student is being withdrawn and enrolled in a private school, but there is no reason to notify a school district. Ever. Smile
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