It can be well argued that once the personality of the Spirit is established, the argument about His deity is over. The 'Spirit of God' who is said to be omnipresent (Ps 139:7), omniscient (1 Corinthians 2:10-11), and active in the very creation itself (Genesis 1:2; Psalm 104:30) hardly fits the description of some kind of lesser being. But the fact that this Spirit shares the one divine name with the Father and the Son (Matthew 28:19) makes His deity indisputable.
James White

Legal Preventitive Medicine

Legal Preventitive Medicine

Legal Preventitive Medicine

CALIFORNIA – NOTE: The information in the following letter is not intended to be and does not constitute legal advice. If you wish legal advice, Northern California Homeschool Association (NCHA) recommends that you seek the advice of an attorney who is knowledgable about homeschooling matters. Recent events have led NCHA to predict that 1992-93 is likely to be a hard year for homeschoolers in California. It’s likely that homeschoolers will experience a greater than usual number of contacts from school officials. It’s important that each homeschooling family be prepared for a possible contact by school officials so they can respond calmly and appropriately. Following are some suggestions that may be helpful: Preventative Medicine – Consider your legal options carefully. Some homeschoolers have religious or philosophical objections to state regulations of parental rights. However, attorneys have indicted that it may be easier to defend a parent who has attempted to comply with the law. – Know exactly what the law says. Read the actual text of the statutes yourself and have a copy available for quick reference. Statutes of particular importance to homeschoolers include California Educational Code Sec. 33190, 48222, 48224, 51210 and 51220. These are available in many public libraries. Information on some of them can be found in the annual Private School Directory in your library. – Be sure you are keeping the records required by law. For example California Educational Code sec. 33190 and 48222 require private Schools to keep the following records: 1) Attendance of pupils,indicating clearly every absence of a half day or more, 2) The courses of study offered by the school (California Educational Code sections 51210 and 51220) and 3) Names and addresses of faculty and the educational qualifications of each. – Be prepared to give reasonable defense for your philosophy and method of homeschooling. This especially important if you use an informal or unstructured approach that appears very different from traditional classroom methods. – Many homeschoolers feel it is wise to keep documentation of their childrens learning, such as a journal, samples of children’s work, photo album, etc., which could be used in your defense in court. Homeschoolers who attended Linda Robinson’s trial feel that she would likely have been acquitted if she could have shown her daughter was being taught all the required subjects. Consider carefully and exercise common sense in the way you present your homeschool to the public. For example, families who allow their children to run around outside during school hours have been reported to school officials and Child Protective Services. You may wish to educate your neighbors about homeschooling and cultivate their support. ——————– Many homeschoolers feel it’s essential to join home school legal defense organizations. However, some are uncomfortable with the existing organizations. If you prefer not to join such an organization, consider seriously where you will get legal help if needed and how you will pay for it. – Develop supportive contacts in your community who know you and could testify on your behalf. Possibilities include neighbors, friends, librarians, members of you church and adults who work with your children( eg: coaches, scout leaders, music teachers, etc.) In some counties, homeschoolers with diverse philosophies have made arrangements to communicate and work together if needed. In this way rewarding relationships have been formed if needed and much valuable information has been shared. If a School Official Contacts You – – Stay calm. Take time to think. You do not have to anything or provide any information that is not required by law. – Be polite. It’s essential to respond carefully and cordially. By phone or in person, you may wish to explain that you are busy teaching your students. If the official has any further questions, you may ask him to submit them to you in writing; assure the official you’ll consider his questions carefully and respond promptly. If he insists upon speaking with you in person, you may want to ask him to make an appointment or call you back at a more convenient time.

  • According to the Rutherford Institute’s Homeschool Brief of September 1992, “If a home school inspector or state official requests admission into the home, home school parents should ask to see a search warrant. If the inspector has a warrant, and is doing what the warrant says he can do, then the parents must comply because it is a court order.” “Such visits by inspectors are governed by Camara v. Municipal Court (1967).In this case, the Court held that a person had a constitutional right to refuse inspection of his property if the inspector did not have a warrant.” “Parents may voluntarily consent to (a warrantless) search, thereby making it legal. Or, they may refuse. At no time may an inspector pressure or force to gain consent.”
    • Many homeschoolers feel that it’s best not to admit school officials into your home because they may use the information they acquire against you.
    • It may be wise to seek legal counsel from an attorney familiar with homeschooling matters before replying to officials’ requests for information, meeting with officials, etc. California Educational Code section 48222 states: “Children who are being instructed in a private full-time day school by persons capable of teaching shall be exempted (from public school attendance).. .Exemptions under this section shall be valid only after verification by the attendance supervisor….that the private school has complied with the provisions of Section 33190 requiring the annual filing… of an affidavit…
      • Think carefully before providing any information or showing school officials anything that is not required by law, as this could set a precedent. It could allow an official to gather information he may use against you and cause him to expect other homeschoolers to do the same. It may also be used as an argument that public school officials have authority over you. Remember that you do not have to prove to the officials that you are complying with the law; the state has the burden of proving that you are not.
    • Be sure to document any contact with public school officials. Record the name and title of the official, date,time and location of the contact, whether it was in person or by phone and the content of your conversation.If anyone else was present, record their name and title/position.
    • You may wish to have an adult witness, such as a friend or attorney, present during a conversation or meeting with school officials. You may also consider taping the conversation; begin by having each person identify himself and acknowledge that a tape is being made.
    • If you receive a letter or written notice from school officials, it is important to respond promptly. Ignoring it may cause officials to take the next step towards legal action. It may be wise to consult an attorney and respond in writing so you will have proof of your reply. Type your answer if possible and be sure to check for spelling and grammar. We hope the above information will be helpful in the event of contact by school officials. Please let NCHA’s legal committee know if you know of someone who is contacted. This will help NCHA keep track of trends statewide.

NCHA Legal Committee c/o Debbie Eldredge #1 Uccelli Blvd. Redwood City, Ca. 94063 (415) 367-9730 Thank you to Nillson Pan for this information from a letter being circulated by the Northern California Homeschool Association (NCHA) to all it’s members.