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California AB2756 :(


shinyhappypeople
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In California, private homeschoolers operate by establishing their homes as tiny, super-exclusive private schools.  Regular private schools are subject to annual fire inspections.  Private schools with 5 or fewer students (aka homeschools) have been exempt.   

 

Assemblymember Jose Medina has introduced legislation to amend the existing law to require fire inspections of "private schools with 5 or fewer students." He said on his website that the state has "very little information about on the nature of private school entities across California" and that his bill will allow the state to "collect more information to achieve a better understanding of the private school landscape in California." (link)

 

This bill has NOTHING to do with fire safety!!!  It's just a way for the government to demand entrance into my home, take a look-see around, and collect information.  Why don't we wipe our butts with the 4th amendment while we're at it?

 

He uses the Turpin case as an excuse, although an inspection would not have saved the kids.  The parents could have gone underground or cleaned up once a year to pass the inspection or moved to a lower-reg state instead of California.

 

I really, really hate my state right now.  We have SO MUCH CRAZY here and it's only getting worse.

 

If you live here, please contact your state representatives and tell them exactly what they can do with AB2756.  Politely.  

 

Edited by shinyhappypeople
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I wish they'd just submit a bill saying what they mean.

 

If what they want is the legal ability to come into every homeschooler's house to check out their living circumstances and make sure their kids are treated the way California thinks kids should be treated, or whatever, make that the bill.  See if it will pass.  Might pass!  But I doubt it.

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Wait, 5 or fewer students?  What about homeschools with 6 and more?    The family in Perris had 12 or 13, right?  So would they have been subject to inspections before anyway?  

 

ETA, oh, and either way I think it's nuts. But I left Cali in 1998 and never looked back. As they say, nice place to visit but I wouldn't want to live there. 

Edited by marbel
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Wait, 5 or fewer students?  What about homeschools with 6 and more?    The family in Perris had 12 or 13, right?  So would they have been subject to inspections before anyway?  

 

ETA, oh, and either way I think it's nuts. But I left Cali in 1998 and never looked back. As they say, nice place to visit but I wouldn't want to live there. 

 

Homeschools - presumably even larger homeschools - have been historically exempt from fire inspections. 

 

Even with conventional private schools, the fire inspection thing was in the law but, my impression is that it was never rigidly required.  IIRC, the law says "subject to" fire inspections, but doesn't actually require them.  

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This is maddening.

 

I say if they want to meet with us once or twice a year, I am happy to haul the kids to the local library and talk to us. I am even willing to hand over work samples. I will also subject my kids to state testing if needed. But nobody comes to inspect my house. I am sorry but this crosses the line.

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Even with conventional private schools, the fire inspection thing was in the law but, my impression is that it was never rigidly required. IIRC, the law says "subject to" fire inspections, but doesn't actually require them.

The condo complex I live in has to pass regular fire inspections. It really depends on the jurisdiction whether they conduct fire inspections.

 

ETA:

There was a fine to the complex for malfunctioning inbuilt smoke alarms in some units.

Edited by Arcadia
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I have read the proposed bill a few times and it seems it might require private homes to have exit signs, and possibly other fire codes compliance measures that apply to commercial buildings. I believe currently any private school in a private home, or with less than 50 people, less than two classrooms, or smaller than 2000 sq feet are excluded. This bill has nothing to do with fire safety and everything to do with a power grab. 10% of public school kids in my district are homeless... but yet this assemblyman is going to effectively outlaw private homeschooling by regulation. Because while many public school kids kids don't have a place to call home, we need to make extra sure that private school kids don't catch fire while they read books in their home during school hours? Ha. What low income family can afford to renovate to meet current fire codes meant for commercial schools? And what will landlords think about getting freaking exit signs installed, let alone stuff like replacing outdated heating systems and such? This bill is such a joke. It would never prevent abuse or neglect. It would just prevent families who aren't wealthy enough for the good school from having any real options for private education. The fact that it only applies to private homeschool families and not charter school families shows it isn't about fire safety but about checking on families... it has nothing to do with fire. We should not be using the fire department as homeschool police.

 

I am hoping that if it does pass, there will be a work around by using a PSP cover, but again that is another expense to slap on families. I think it has a good chance to fail in the courts.

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The condo complex I live in has to pass regular fire inspections. It really depends on the jurisdiction whether they conduct fire inspections.

 

ETA:

There was a fine to the complex for malfunctioning inbuilt smoke alarms in some units.

Yes, I think existing codes prevent fires pretty well. They were made to prevent real disasters. This new code has nothing to do with actual fire risk management, though. I guess it is the only way they could think of to get warrantless, causeless searches done. Edited by Ms.Ivy
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Yes, I think existing codes prevent fires pretty well. They were made to prevent real disasters. This new code has nothing to do with actual fire risk management, though. I guess it is the only way they could think of to get warrantless, causeless searches done.

 

Bingo.  Medina's not even trying to hide his motivation.  He actually wrote that this bill would help the government collect data about private schools, especially homeschools.

 

I am hoping in my heart that this bill is too stupid and offensive to actually get anywhere.  

 

Maybe I should buy this doormat just in case.  :p

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If they want to collect data about private schools, especially homeschools -fine!  Just don't couch it in "fire safety" terms.  You'd think if that were the reason, they'd want mandatory inspections of all homes with kids, public or private schooled, because fires happen at night too (and imo are more dangerous at night).  

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I disagree with sneaky legislation and hope earnestly that he will be defeated in favor of a more child-friendly, family-friendly policy that does not create ridiculous unexpected consequences.

 

The proposed solution is especially egregious considering that some of the most abusive situations have had far more than 5 kids in them. And the last thing California needs is a law encouraging people to have more kids. I mean have all the kids you want, I don't believe in legislating reproduction, but we shouldn't be influencing people in that direction so they can avoid inspections.

 

ShinyHappyPeople, would you consider proposing alternative legislation written by homeschoolers that allows for better oversight of educational outcomes in private and home schools? Maybe if homeschoolers wrote it they could come to more agreement and people would be less likely to vote for a reactionary measure.

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Absolutely. This has nothing to do with fire safety. It’s all about finding a way to get inside your house. That’s unacceptable.

 

How about first of all defining homeschooling in this state. Because right now there is no such thing really. You are either a private school or a public school. And please don’t point out (you know who you are) that public charter kids aren’t legally homeschoolers. They are just as much homeschoolers as other kids defined under private school, which are also not legally homeschoolers BTW. We need a new legal category.

 

I would be willing to subject my kids to yearly state testing (or a nationally recognized standardized test as alternative) and meet with the local district twice with kids and hand over portfolios and answer whatever questions they have.

In exchange I would like my school district to allow my homeschoolers to test on site (after all we also pay taxes) and participate in clubs. How is that for a compromise?

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I disagree with sneaky legislation and hope earnestly that he will be defeated in favor of a more child-friendly, family-friendly policy that does not create ridiculous unexpected consequences.

 

The proposed solution is especially egregious considering that some of the most abusive situations have had far more than 5 kids in them. And the last thing California needs is a law encouraging people to have more kids. I mean have all the kids you want, I don't believe in legislating reproduction, but we shouldn't be influencing people in that direction so they can avoid inspections.

 

ShinyHappyPeople, would you consider proposing alternative legislation written by homeschoolers that allows for better oversight of educational outcomes in private and home schools? Maybe if homeschoolers wrote it they could come to more agreement and people would be less likely to vote for a reactionary measure.

I just read that it is actually already the law for schools with 6+, so it looks like he wants to expand it to include everyone.

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The thing with six or more students has nothing to do with fire code currently. It can be confusing... but the numbers about five/six just have to do with a public directory of schools. All schools in private homes which are just parents and their own kids have been exempt from school fire codes, regardless of student numbers. The new law would require the fire department to inspect all the homes and because the state doesn't publish a directory for < 6 kids, the new law would make the ed dept create a new list of the < 6 for the fire department, too.

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I would be furious too. It is the baby step power grabs disguised as inoquous good intentions that eventually get to some scary levels of government control.

 

The cases of abuse are terrible but let's look at the level of academic success homeschoolers are having overall. That is much more significant. Let's not forget extreme abuse happens even when kids are attending public school under the watchful eye of teachers and staff.

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Absolutely. This has nothing to do with fire safety. It’s all about finding a way to get inside your house. That’s unacceptable.

 

How about first of all defining homeschooling in this state. Because right now there is no such thing really. You are either a private school or a public school. And please don’t point out (you know who you are) that public charter kids aren’t legally homeschoolers. They are just as much homeschoolers as other kids defined under private school, which are also not legally homeschoolers BTW. We need a new legal category.

 

I would be willing to subject my kids to yearly state testing (or a nationally recognized standardized test as alternative) and meet with the local district twice with kids and hand over portfolios and answer whatever questions they have.

In exchange I would like my school district to allow my homeschoolers to test on site (after all we also pay taxes) and participate in clubs. How is that for a compromise?

 

I'm not willing to give an inch because I know that the legislature is unreasonable and will overstep if given the opportunity.  I would not agree to standardized testing, period.  

 

But, the point is that it's not about education.  It's about all private California homeschoolers being viewed as potential child abusers.

 

I wonder if there are any legislators that homeschool their children.

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I'm not willing to give an inch because I know that the legislature is unreasonable and will overstep if given the opportunity. I would not agree to standardized testing, period.

 

But, the point is that it's not about education. It's about all private California homeschoolers being viewed as potential child abusers.

 

I wonder if there are any legislators that homeschool their children.

I don’t disagree with you that it’s about us being viewed as child abusers. Yet I am thinking we won’t escape some legislature and frankly I would rather deal with a NY type of a situation than have fire department roaming in my house. Edited by Roadrunner
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I don’t disagree with you that it’s about us being viewed as child abusers. Yet I am thinking we won’t escape some legislature and frankly I would rather deal with a NY type of a situation than have fire department roaming in my house.

Being subject to standardized testing would mean that my older daughter wouldn't pass muster, according to the powers that be.  If forced I could deal with minimal regulations... maybe an annual portfolio review with an evaluator of my choice to show that educational stuff did, in fact, happen this year.  Beyond that... ugh.  I hate to think about it. 

 

Edited by shinyhappypeople
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Being subject to standardized testing would mean that my older daughter wouldn't pass muster, according to the powers that be.  If forced I could deal with minimal regulations... maybe an annual portfolio review with an evaluator of my choice to show that educational stuff did, in fact, happen this year.  Beyond that... ugh.  I hate to think about it.

They do write in exceptions for special ed. You can (usually) use portfolio review and adequate yearly progress if your child has special needs.

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Being subject to standardized testing would mean that my older daughter wouldn't pass muster, according to the powers that be.  If forced I could deal with minimal regulations... maybe an annual portfolio review with an evaluator of my choice to show that educational stuff did, in fact, happen this year.  Beyond that... ugh.  I hate to think about it. 

 

In most (all?) states that require yearly testing, it isn't necessary for the child to pass the test, only that they take it. In some states, I believe some kind of progress needs to be shown, but there's no rule that they have to be at any particular level to begin with. This could be a reasonable regulation that doesn't unfairly punish special needs children, children with learning problems, or even children who are studying things in a different order than the public schools. Which is almost all homeschoolers. :)

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They do write in exceptions for special ed. You can (usually) use portfolio review and adequate yearly progress if your child has special needs.

 

 

In most (all?) states that require yearly testing, it isn't necessary for the child to pass the test, only that they take it. In some states, I believe some kind of progress needs to be shown, but there's no rule that they have to be at any particular level to begin with. This could be a reasonable regulation that doesn't unfairly punish special needs children, children with learning problems, or even children who are studying things in a different order than the public schools. Which is almost all homeschoolers. :)

 

Let's not think that far ahead... or give them any ideas.  I'm going to stay focused on maintaining the status quo.  It works well for the vast majority of homeschool children and parents.  Once you give away your freedom to the government, it's nearly impossible to get it back.  This is doubly true in California.  I do not support changes to the current law - period.

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In California, private homeschoolers operate by establishing their homes as tiny, super-exclusive private schools. Regular private schools are subject to annual fire inspections. Private schools with 5 or fewer students (aka homeschools) have been exempt.

 

Assemblymember Jose Medina has introduced legislation to amend the existing law to require fire inspections of "private schools with 5 or fewer students." He said on his website that the state has "very little information about on the nature of private school entities across California" and that his bill will allow the state to "collect more information to achieve a better understanding of the private school landscape in California." (link)

 

This bill has NOTHING to do with fire safety!!! It's just a way for the government to demand entrance into my home, take a look-see around, and collect information. Why don't we wipe our butts with the 4th amendment while we're at it?

 

He uses the Turpin case as an excuse, although an inspection would not have saved the kids. The parents could have gone underground or cleaned up once a year to pass the inspection or moved to a lower-reg state instead of California.

 

I really, really hate my state right now. We have SO MUCH CRAZY here and it's only getting worse.

 

If you live here, please contact your state representatives and tell them exactly what they can do with AB2756. Politely.

Wow, I didn’t know about this one. I will write a letter. Somehow I knew the ease we have here in California to homeschool was just an illusion.
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I don’t disagree with you that it’s about us being viewed as child abusers. Yet I am thinking we won’t escape some legislature and frankly I would rather deal with a NY type of a situation than have fire department roaming in my house.

We had to get a fire safety inspection as part of our mortgage refinance in 2012. I would MUCH rather get another one than have to deal with all the red tape of NY

 

 

Sent from my iPhone using Tapatalk

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We had to get a fire safety inspection as part of our mortgage refinance in 2012. I would MUCH rather get another one than have to deal with all the red tape of NY

 

 

Sent from my iPhone using Tapatalk

We didn’t have one inside either when we bought our house. Plus commercial fire safety would be a completely different scenario. I would have to rip up my roof and completely redo it just to install sprinklers. Because our type of house wouldn’t otherwise. It s a no go.

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I'm so sorry you're dealing with this. I agree: the fire safety is a way to get into your home.

 

Is there a legal entity for homeschoolers in CA? There is one in VA -- it might be worth it to talk to the VA people to get a recommendation for someone legal to speak w/ in CA. (Also, there are some media outlets that would talk w/ you. PM me if you want the info.)

 

I just heard all about the homeless problems they're having in San Fran (people using sidewalks as bathrooms).

 

I grew up in the Bay Area and lived in CA for decades. We moved in '10 -- and good bye to way too much terrible silliness.

 

Alley

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I'm so sorry you're dealing with this. I agree: the fire safety is a way to get into your home.

 

Is there a legal entity for homeschoolers in CA? There is one in VA -- it might be worth it to talk to the VA people to get a recommendation for someone legal to speak w/ in CA. (Also, there are some media outlets that would talk w/ you. PM me if you want the info.)

 

I just heard all about the homeless problems they're having in San Fran (people using sidewalks as bathrooms).

 

I grew up in the Bay Area and lived in CA for decades. We moved in '10 -- and good bye to way too much terrible silliness.

 

Alley

 

Yes, HSC, CHEA, and HSLDA are working on it.  

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  • 2 months later...
19 minutes ago, Laurel-in-CA said:

This bill died in committee! Over 3500 people were there to speak, 95% in opposition. Hurrah!

 

My husband and I were there.  It was an amazing experience.  I was stunned at the turnout.  Are there official numbers out yet? I've heard 1500 to 2000+.  Regardless, the committee members were treated to 3 hours of "name/city/oppose"  over and over and over.  I heard through the grapevine that it was the largest turnout for a committee meeting in the state's history.  I live relatively close to Sacramento, so going was no big deal to me, but people drove and flew from all over our very large state.  I am in awe of them and so grateful that they made the trek.

My favorite part: when it was finally time to vote not one member of the committee was willing to make a motion to have it voted on (I'm not sure if I'm phrasing that correctly), so the bill automatically failed.  In other words, NONE of them were touching that bill with a 10-foot pole.  I think they heard us loud and clear.  

Here's the video.  The early discussion is interesting, then 3 hours of opposition (I never tire of saying that), at 2:55:30 more pointed questions by Asm. Kiley (an ally) to Medina and then closing remarks (no vote yet, no quorum).  Finally, about 6:27:00 it's time to vote.  Or not.  

I still can't believe it's over.  We've gotten rid of two atrocious homeschool bills in the space of 2 months. Well done, California homeschoolers.  Well done.

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26 minutes ago, shinyhappypeople said:

 

My husband and I were there.  It was an amazing experience.  I was stunned at the turnout.  Are there official numbers out yet? I've heard 1500 to 2000+.  Regardless, the committee members were treated to 3 hours of "name/city/oppose"  over and over and over.  I heard through the grapevine that it was the largest turnout for a committee meeting in the state's history.  I live relatively close to Sacramento, so going was no big deal to me, but people drove and flew from all over our very large state.  I am in awe of them and so grateful that they made the trek.

My favorite part: when it was finally time to vote not one member of the committee was willing to make a motion to have it voted on (I'm not sure if I'm phrasing that correctly), so the bill automatically failed.  In other words, NONE of them were touching that bill with a 10-foot pole.  I think they heard us loud and clear.  

Here's the video.  The early discussion is interesting, then 3 hours of opposition (I never tire of saying that), at 2:55:30 more pointed questions by Asm. Kiley (an ally) to Medina and then closing remarks (no vote yet, no quorum).  Finally, about 6:27:00 it's time to vote.  Or not.  

I still can't believe it's over.  We've gotten rid of two atrocious homeschool bills in the space of 2 months. Well done, California homeschoolers.  Well done.

I was really impressed with whoever was running the Parents United 4 Kids FB group. She or he really took the bull by the horns. I think the organized calling spree was brilliant and really sent a message. That’s what killed Eggman’s bill. The cherry on top was the turn out at the capital. I had several friends there and I was so proud of them. Thanks for the recap!

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On 2/21/2018 at 4:57 PM, Alicia64 said:

Is there a legal entity for homeschoolers in CA? There is one in VA -- it might be worth it to talk to the VA people to get a recommendation for someone legal to speak w/ in CA. (Also, there are some media outlets that would talk w/ you. PM me if you want the info.)

California has three excellent, well-organized state-wide groups, the oldest one over 30 years old (which is a long time for a homeschool organization to have been in existence). They are all over stuff like this.

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2 hours ago, shinyhappypeople said:

 

My husband and I were there.  It was an amazing experience.  I was stunned at the turnout.  Are there official numbers out yet? I've heard 1500 to 2000+.  Regardless, the committee members were treated to 3 hours of "name/city/oppose"  over and over and over.  I heard through the grapevine that it was the largest turnout for a committee meeting in the state's history.  I live relatively close to Sacramento, so going was no big deal to me, but people drove and flew from all over our very large state.  I am in awe of them and so grateful that they made the trek.

My favorite part: when it was finally time to vote not one member of the committee was willing to make a motion to have it voted on (I'm not sure if I'm phrasing that correctly), so the bill automatically failed.  In other words, NONE of them were touching that bill with a 10-foot pole.  I think they heard us loud and clear.  

Here's the video.  The early discussion is interesting, then 3 hours of opposition (I never tire of saying that), at 2:55:30 more pointed questions by Asm. Kiley (an ally) to Medina and then closing remarks (no vote yet, no quorum).  Finally, about 6:27:00 it's time to vote.  Or not.  

I still can't believe it's over.  We've gotten rid of two atrocious homeschool bills in the space of 2 months. Well done, California homeschoolers.  Well done.

This made me tear up and get goosebumps. Whoo hoo! I don't live in CA but I know this bill would have had wide reaching effect in other states eventually had it passed. Thank you Cali homeschoolers for such an amazing job!

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3 hours ago, shinyhappypeople said:

CHEA, CHN....who is the 3rd?

Christian Home Educators Association of California (CHEA), the oldest.

HomeSchool Association of California (HSC), the second

California Homeschool Network (CHN) the youngest

 

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