Date: Thu, 01 Apr 1999 16:46:36 -0500 From: "J. Michael Smith, Esq., Vice President of HSLDA" Subject: CA--Call for defeat of educational neglect bill (AB 804) ---------------------------------------------------------------------- >From the HSLDA@Capitol Hill E-lert Service... ---------------------------------------------------------------------- To all California Members and Concerned Home Schoolers: Background Information: The purpose of this alert is to notify you of a dangerous bill introduced in the California Legislature and to enlist your help in defeating this bill. Assembly Bill 804 would introduce for the first time into California law, a new classification of child abuse/neglect called educational neglect. Should a juvenile court judge decide that the education of a child between the ages of 6 and 18 has been neglected, the child could be made a ward of the court and ordered to attend a school outside the parent=C6s home with the possible sanction of removal of the child from the family. The impetus for the bill comes from a juvenile court judge in Los Angeles County who apparently believes the juvenile court should have even more authority over the education of children and parents in California. The following represents a summary of the status of the bill and points that can be made in opposition to the bill. Assembly Bill 804 Status Sponsor: Assembly member Keeley Currently in the Assembly Judiciary Committee Hearing Date: Tuesday, April 6, 1999, 9:00 a.m. Summary of AB 804: The bill provides that if a child between the ages of 6 and 18 has suffered or is at substantial risk of suffering educational harm as a result of the parent=C6s or guardian=C6s willful or negligent failure to enroll the child in school or to insure regular school attendance, the child has suffered educational neglect. Harm constituting educational neglect exists "when, as a result of the lack of regular attendance in school, (1) the child fails to make adequate educational progress to be promoted to the next grade level, (2) there is a substantial risk of the child falling behind in his or her academic or developmental program, or (3) the completion of the child=C6s academic program is in serious jeopardy."=20 At first glance, it seems that home schoolers who are properly enrolled and attending under the private school exemption should not fear this bill. However, since the California State Department of Education=C6s position is that small private schools conducted in the home are not legal, social workers could take the department=C6s position. They may conclude that because the child is not enrolled in a private school recognized by the State Department of Education, the child meets the definition of being neglected. Additionally, a juvenile court judge could take the same position--that the child is not properly enrolled in a private school. In addition to the concerns already raised, the following talking points express home schoolers=C6 opposition to AB 804: Points in Opposition: (1) AB 804 is unfair to parents and students. The current state laws to prevent truancy stress a dialogue and mediation between children, parents, and school officials before court involvement. Proper notice is required for the parents to be able to take action to encourage attendance of their children. If parents and children refuse to cooperate with school officials, then the family can be referred to a Student Attendance Review Board, the district attorney for further counseling, or ultimately a court. However, if AB 804 becomes law, all of these opportunities to resolve the truancy problem out of court, would not be required. On several occasions, HSLDA has been able to convince SARB boards that our member-parents were in compliance with the law after the school district took the opposite position. The school district, if AB 804 passes, could refer a home school family directly to social services for an investigation for educational neglect. This law would discriminate against poor parents who would be thrust into an immediate court situation where they would have to seek an attorney with the probability they would not be able to afford one. (2) AB 804 is a dangerous bill. You recall our fight in the legislature two years ago against a proposed statewide daytime curfew. AB 804 could have the same effect as a daytime curfew, but the consequences could be more severe. Any citizen viewing a person appearing to be of compulsory attendance age in public during school hours could simply call Child Protective Services and report the child as not attending school. AB 804 would require CPS to investigate that allegation as a potential educational neglect contact. AB 804 would provide an additional weapon in the hands of angry neighbors, disgruntled in-laws, and ex-spouses, enabling them to report a home schooling family to CPS simply for not sending their children to public school. CPS would be required to investigate that allegation if AB 804 becomes law. Presently, CPS does not have any authority in the area of educational neglect because educational neglect is not provided for in the law. (3) AB 804 is unnecessary. The intent of AB 804 is to encourage children to attend school by exercising some clout against the parents to enforce attendance. Current law already provides that a juvenile court may exercise jurisdiction over a juvenile who has four or more truancies in a year after appropriate efforts have been made by the school district to correct the truancy. Additionally, the law provides that if the parents or child fails to cooperate with the student attendance review board (a group of citizens assembled to review absences and encourage attendance), the board shall refer the child to the probation department. The probation department has the authority to file a petition in juvenile court to enforce attendance in school. Parents of non-attending children may be prosecuted as a misdemeanor for failing to send a child to school. Very clearly, there is sufficient law available to school officials and the probation department to punish parents and children for juvenile truancy. (4) AB 804 would be too costly. Child Protective Services is already overburdened in California with all the contacts that they are required to make regarding allegations of abuse and neglect. Over 60 percent of the alleged cases of abuse or neglect turn out to be false. Should AB 804 pass, the CPS workload will increase considerably. As a result, several things will happen. The taxpayers will be required to pay for additional social workers. Secondly, because many investigations of educational neglect will involve innocent parents, investigations of real cases of abuse and neglect will be hindered. Because of the reasons outlined above, no amendment offered to AB 804 can cure the problems. The real problem with AB 804 is that innocent parents will have to explain to CPS workers at their door or in their house, that their children are enrolled in a lawfully-exempted school program. Just like the daytime curfew situation where innocent minors are constantly approached to explain their innocence to police officers, this type of activity should not occur in a free society. Action: Call your Assembly member at the State Capitol since Assembly members will not likely be in their district offices before Tuesday. Also, please call the Committee Chair, Sheila James Kuehl, at 916-319- 2041. To obtain the number of your Assembly member, you may call the Capitol switchboard at 916-322-9900. Please call and voice your opposition to AB 804 and summarize one of the points outlined above. It is imperative that the phone calls be made as soon as possible as the hearing is Tuesday. For those that can attend, the larger the number, the better chance we have to defeat the bill. For those attending, please dress up and take only children that can be attentive. We will continue to update you by way of e-lerts regarding the status of the bill. Thank you for your willingness to let your voice be heard regarding this matter. It will make a difference. Very truly yours, Micheal Smith, Vice President Home School Legal Defense Association ---------------------------------------------------------------------- Home School Legal Defense Association P.O. Box 3000 Purcellville, Virginia 20134 540-338-5600 www.hslda.org ---------------------------------------------------------------------- The HSLDA@Capitol Hill E-lert Service is a member service of the Home School Legal Defense Association. To subscribe, unsubscribe, or modify your subscription, visit our web site at http://www.hslda.org/members/e-lert or call us at (540) 338-5600. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA@Capitol Hill E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this e-mail address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any e-mail sent to this address. If you have comments or questions, please call HSLDA instead at 540-338-5600. HSLDA members can also e-mail staff directly through the Members Only section of our web site at http://www.hslda.org/members/staff. Thank you for your cooperation. ----------------------------------------------------------------------