The California R-4 Affidavit

While home schooling families successfully file the California Private School Affidavit, commonly known by its form number, "R-4," and declare their home a private school, there are long term problems with this practice of using the R-4.

Although many home school groups support the filing of the R-4 as a legal option for home schoolers, and seem to have no current problems or repercussions in doing so, this, in and of itself, does not confirm the R-4 as a legal option. In order to successfully mull through the different opinions about the R-4, one must maintain intellectual responsibility when looking at the facts and avoid making the facts fit one's preference. Let's look at the current state of the law in California.

First, the term "home school" does not exist in California legislation.

Second, NO court cases in this state (municipal or higher) have confirmed the filing of the R-4 as a legal option for non-credentialed parents to declare their home a private school.

Third, the municipal court cases concerning the R-4 (Black, Robinson, Clevenger, etc.), while most of the cases declared filing the R-4 as illegal for individual families, their outcome has no broad bearing on the legal interpretation of state law. They only impact the individual families in each case, and only within the jurisdiction of each individual court where each case was held.

Fourth, the case of People v Turner (Los Angeles appellate court) reconfirmed the State of California's constitutional right to require a teaching credential for tutorial settings, and established the fact that non-credentialed parents cannot declare their home a private school. Although the R-4 came into place after this case, the R-4 does not impact the Turner case's declaration that non-credentialed parents cannot declare their home a private school. If it had impacted Turner, there would need to have been a court case applying the R-4 to Turner and overturn the case.

While some feel that Turner is based on faulty logic, that opinion is mere speculation and does not legally invalidate Turner. Others believe that since Turner is a 1953 case, it is to old to be applicable. Unfortunately that line of thinking is inconsistent when applied to our constitution (which the same group of people hold to in supporting our right to home school) and is over 200 years old! In addition, some believe the case of Sherbert v Verner (1963), which decided that the "strict scrutiny-least restrictive means" test had to be applied, supersedes the Turner case. Unless the Sherbert decision is applied in a court of law and reverses Turner, it is merely a theory.

California Home Educator's perception of the law in relationship to the R-4 is not based on a motive to denigrating the legality of the R-4, as some may postulate, for the "successful selling of our services... for financial viability", or due to being "cozied up to the powers that be in the California Department of Education." Our motive is based on the concern, if the home school community's perception of the R-4 lacks the objectivity of all factors related to the law in California, we won't be prepared when we are legally or legislatively challenged. Many court cases are lost based on legal presentations lacking objective perspective.

So, where does that leave home schoolers? home schooling will continue to grow and strengthen as a network! While distant learning (correspondence schools) and private independent study programs (ISP) are another discussion, the growth of public ISPs and Charter Schools is also on the rise. home schooling is here to stay and the question is now, "What will be the long term means through which families home school privately in California?"

Fighting to defend the R-4 may not be the best use of our efforts. home school families and groups need to work together and come up with a long term strategy for confirming the freedom to privately home school through a means which will survive the scrutiny of the California legislative process.

California Home Educators are supportive of individual families home schooling and do not favor government control! But we also believe that our legislative process and court system, even with their flaws, help make the United States the best country in the world! We need to work within the system, and not around it. We believe in teaching our children to be godly citizens and obey the law. If the law is wrong, we should rise up and use the system to make change. We are interested in confirming the future of private home schooling in California and are looking for those who desire to work together for the same goal.

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