Archive for April, 2008

Practical Homeschooling Online - Home Schooling Custody Laws

Custody is not a prime feature in home schooling laws and therefore custody laws could turn out to be problematical. It is more evident if parents reside in separate states. It is therefore advised that prior to deciding for home school flight, get the custody laws enlisted and get well versed to all the laws that govern home schooling laws affecting you.

If you have any custody issues with regards to home schooling, ensure that your ex-partner and you sort out all disagreements that where the child will take home schooling. If you decide then online home schooling shall be a good option. If you do not have full ideas of your state’s custody laws then you should check them out, Home School Legal Defense Association’s (HSLDA) homepage is the place where you can find all the info. The site provides a fairly good overview but some specific custody laws could still be missing.
Here you should try and consult an attorney who has considerable knowledge in this field so that you sure that you aren’t violating any local or state laws. You can also visit HSLDA to seek advice as to where you can find an attorney who could meet your requirements at a local place.

There are quite a few laws that govern home schooling in California state. An existing judgment from Second Appellate District Court of LA taken on a family (home school) could have drastic effects for California home schoolers. This opinion on home schooling is based in a court ruling taken in a 1950’s. In short the judgement says schooling from home is illegal in California state.

Feeling inquisitive, read all at www.hsdla.org. In California there exist some special laws for attendance and custody. If the child is enrolled in a private school or tuitions he is excused from obligatory public school attendance. Here below is one such California laws that defines attendance & custody in the following manners:

“…48200.5. in spite of Section 48200, any person living in Carson city and is either a legal guardian or a parent of a person who is undergoing obligatory education is allowed to seek admission of that particular person in a school district wherein the residence of parent/guardian is within Unified School District of Los Angeles subject to an agreement terms that allow transfers that have been permitted by the Unified School District of Los Angeles & Unified School District of Compton ”

http://www.legalinfo.ca.gov/calaw.html is the source from where the statement has been derived. It must be noted that in California home schooling laws are very complex as the state is sans a statute for home schools. If home schooling then ensure you file the entire paperwork. Issues pertaining to custody & California laws give you enough reason to make everything doubly sure before taking a step. Incase both homes of custodial parents could be used for schooling then that will be ideal. Despite the above noting its still better to go over to an attorney and take his advice if the school districts of parents are different.

If an overview of the home schooling custody laws are taken then they all appear to be pretty much indecisive, but attendance is compulsory and also a few more requirements. It is in your interest to adhere to state laws.

By: Jane A. Smith

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Homeschooling Online - Home Schooling In The Eyes Of Federal Law

Home Schooling the United States has no specific Federal Law. As per the 10th United States Constitution Amendment, it makes clear the government has high regards for education and therefore all matters are bestowed in the hands of the states. US Constitution makes it pretty clear that the government shall neither interfere nor control with education, private or public. This, as a matter of fact is untrue.

So if this is true then certainly home schooling as per Federal Law is legal, that is because there exist no rule to suggest otherwise. Some of United States most famous Presidents came from home schools for instance - Abraham Lincoln, Thomas Jefferson, Benjamin Franklin, all emerged from home schools. Why all the fuss if it’s legal? As per Federal Level the whole matter is legal.

But as soon as the matter reaches to state level, it is a complete chaos, that because of poor understanding by local officials of public schools of the basis laws. Most of then are completely ignorant when it comes down to understanding the meaning of these laws. And to a certain extent the officials are not at fault, there exists no uniform laws and laws vary across different states. What is prevalent in New York may not be the same as in California.

Of all the states l pertaining to home schools in California could be termed the most complex. North Carolina has more leniencies but then too some regulations can baffle people. Till federal laws are not put in place this situation is expected to continue, the matter worsens as home schoolers are against any Federal bindings.

If home schooling is your way then what’s the way to follow Federal Law! Do not scratch your heads; Home School Legal Defense Association (HSLDA) has all the answers for your requirements. They keep a complete eye on new bills that are introduced and also fresh laws of senate and the house, this helps home schoolers keep a track of new developments. The US Constitution clearly says that Federal government have no rights to create new laws & rules to attempt to control public or private education but this far from reality.

The No Child Left Behind Act is a prime example. This act surely gives a controlling like feel public & private schools. There are more examples wherein laws have been made to control education itself. HSDLA is basically a regulator assigned the imperative task of viewing the legislation in at federal government level and of each state while it also takes up the work of giving families of home school legal assistance when they get stuck in legal tangles.

Home schools; can they stay far from the reaches of legal hassles? Do there exists any laws protecting home schools? ? The tenth US Constitution Amendment is the rescue path. But if you require professional guidance it is best advised to consult a lawyer who has in depth knowledge of the legal issues that govern local and federal home school laws.

The matter be dependent on the legal wrangle of your issue, violation of First Amendment rights might take place. What you can do best would be to approach a HSLDA person, if they would be willing to help you out or would they be in a position to find you an appropriate attorney.

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