Blame the legislators for inconsistency. Based on the below, as a judge, I would probably rule against home school and force the legislature to straighten out the mess it has made.One could use the same argument to rule that since the IRS states that criminal earnings are taxable then criminal activity must be accepted by the government and is not illegal.from MC's reference: In 1929, however, home schooling was amended out of the law, and children who were not educated in public or private schools could be taught privately only by a credentialed tutor. Case law in 1953 and 1961 confirmed this interpretation, and specifically concluded that a home school could not be considered a private school. While the Legislature could have amended the statutes in response to these cases, to expressly provide that a home school could be a private school, it did not do so. Thus, as of that time, given the history of the statutes and the Legislature’s implied concurrence in the case law interpreting them, the conclusion that home schooling was not permitted in California would seem to follow. However, subsequent developments in the law call this conclusion into question. Although the Legislature did not amend the statutory scheme so as to expressly permit home schooling, more recent enactments demonstrate an apparent acceptance by the Legislature of the proposition that home schooling is taking place in California, with home schools allowed as private schools. Recent statutes indicate that the Legislature is aware that some parents in California home school their children by declaring their homes to be private schools. Moreover, several statutory enactments indicate a legislative approval of home schooling, by exempting home schools from requirements otherwise applicable to private schools.
jahoh no, another case of misattribution
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