Posted on 08/08/2008 11:01:10 AM PDT by SmithL
LOS ANGELES - -- A state appeals court reversed itself today and ruled that parents in California have the right to home school their children even if they lack a teaching credential.
The Second District Court of Appeal in Los Angeles had ruled Feb. 28 that the state's compulsory education law requires parents to send their children to a full-time public or private school or have them taught by credentialed tutors at home. The ruling caused an uproar among home-schooling advocates and could have made truants out of an estimated 166,000 children in California who are taught at home by their parents.
After hearing from an array of objectors that included state education officials and Gov. Arnold Schwarzenegger, the court agreed to reconsider the case and issued a new ruling today that reached the opposite conclusion: State law allows home schooling, although children can be required to attend school if they're being abused or neglected at home.
Although the compulsory-education law hasn't changed since 1929, some alter laws "demonstrate an apparent acceptance by the Legislature that home-schooling is taking place in California, with home schools allowed as private schools," Justice H. Walter Croskey, author of the earlier ruling, wrote in today's 3-0 decision.
"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," Croskey said. He said one of those laws, a 1998 measure exempting parents from fingerprinting requirements imposed on private school employees, indicated "a legislative approval of home-schooling."
Because the 1929 law itself did not explicitly allow or prohibit home schooling, Croskey said, the court should interpret it consistently with the Legislature's current understanding, along with the views of state government and education officials.
(Excerpt) Read more at sfgate.com ...
This is good news, but isn’t it a little bizarre for a court to reverse itself in this way??
No new laws since 1929 but the court reversed itself???
Impeach them all.
Of course, before the ink dries on this decision;
the court will probably reverse itself again. LOL
ping
If the people lead, the leaders will [eventually] follow...
Nice way of putting it. People are allowed to do only what the government tells them they can do.
LOL (sadly)
This was very predictable.
California doesn’t have the money to build 100’s of new schools right now...
or pay for all the new teachers.
Let’s see:
1) Parents without teaching credentials have been teaching their children at home.
2) It appears that the vast majority of these children outscore public “education” children.
3) Education credentials? We don’t need no stinkin’ education credentials.
Only 166,000 home schooled children in California?
I would have hoped the number was 5 times that in the most child/family unfriendly State in the Union.
But then if you live in California maybe you want your children subjected to the anti-American, Pro -Homosexual agenda of the California Government Schools.
the bad news is they only reversed themselves because of public outcry which means if they have to opportunity to quietly impose on the rights of home schoolers then they will do it..
Ping
If a court can arbitrarily decide that you do or don’t have a right - you don’t have it. Because I hope to have children to homeschool I will never move to California.
Oh gee, thanks for giving me the “right” to educate my own children. Dummkopfs!
Instead of homeschooling in CA, a lot of the decent people just left CA to raise their kids elsewhere (and there are, to be sure, still many decent folks there struggling against enormous odds). Raising kids in Sodom was not my idea of a walk in the park. That's why the wife and I left a once great State for greener pastures.
for the homeschool ping lists
A victory for the people and I'll take it, despite the cynicism from some folks, which is not necessary unwarranted. I simply choose to see the glass half full, in this instance, rather than sneer and predict another reversal of opinion, which may happen - but not today.
Oh its worse than that, Jen.
I have an attorney here at work that routinely uses the phrase “invoke his 5th amendment PRIVELIDGE.” I have NEVER heard him use the phrase “5th amendment RIGHT.”
This man is older than I am, has his law degree from Southern Methodist University here in Dallas, Texas, was a criminal court judge, Federal Prosecutor, and SEC Enforcement attorney.
The second good ruling I’ve read about today. Cool.
“State law allows home schooling,...”
The governments are always low. Probably 300-400k homeschoolers out of about 6.5 million students.
Let me tell you, we homeschooled when our local school district was falling apart not listening to the parents. We paid twice the fees (taxes) in the long run, we were besmirched and did without in order to get this done. Yes, we team taught with another family, it can work real well.
Our sons went back into public school, the other family’s son became VALEDICTORIAN no less. While our son didn’t shine like that, he has served his country 10 years, a combat veteran of two Iraq deployments and a Sr. NCO. So, does home schooling help? Well, Duh!
Parents must realize that there is a price to pay however, sometimes a heavy one. We are ultimately responsible to raise, educate and nurture our children, NOT THE STATE. No court has the authority to tell me how to raise my children (the assumption being that we are decent, moral people of course).
“No court has the authority to tell me how to raise my children (the assumption being that we are decent, moral people of course”
The problem is that alot of the time the government assumes that all homeschooling parents are child abusers until we prove otherwise. They would never assume that we just love our children enough to keep them at home to school them. It seems a foreign concept to the metrosexuals and feminazis that make up government agencies like DCF.
This is GREAT news!!!
The court made the wrong decision, then buckled under political pressure. The people should lead by pushing for their impeachment.
Which time?
The original 1929 law was mute on home schooling.
First they came down on the side of the State.
Then they manned up and admitted they were wrong and reversed themselves.
It’s not clear to me whether you are mad that they made a wrong decision, or mad that they decided to fix it.
Yes, you are correct, and that left-wing drumbeat continues. BTW, we had no problem “socializing” (what a stupid point), there was a lot to do as a group, not only that but as our school district started turning around they offered facilities and invited homeschoolers to take part in extracurricular activities and events to include them.
But we’re a very small, rural district and so the base tends to be quite conservative (Texas) and traditional.
Like some parents have said, if “socializing” means taking part in gangs, crime and thuggery, then no thanks.
“. . . but isn’t it a little bizarre for a court to reverse itself in this way??”
It’s California. ‘nuff said.
it has to be more than that... i live in a small town in California, and just in our homeschool group we have more than 100 kids... and our small town has more than one homeschool group... i would say our one small town has at least 300 homeschooled children...
homeschooling out here in California is better than homeschooling in states like Ohio, Iowa, Minnesota, North Dakota, South Dakota, Colorado, Arkansas, Louisiana, Georgia, Florida, Tennessee, NC, SC, VA, WV, FL... not to mention the very liberal Washington, Oregon, Delaware, MD., and the northeastern states... all these states i've listed have requirements that must be met... which means the government is in your homeschool... all California requires is an R4-Affidavit... we have NO homeschool laws... no regulation... which gives us a lot of freedom... much more than many other states... this court case was just a blip... and i can tell you, after the initial announcement of the case, no homeschoolers i know (including myself) were particularly worried about the outcome...
i would rather homeschool here than in a state that has homeschool laws...
The liberals lost this one, thank the Lord. They will bide their time and try again soon. I am sure of that.
California doesn't have the money to build 100’s of new schools right now...
or pay for all the new teachers.
Or pay to fight lawsuits that they'll lose.
If I were a home schooler in California, I would not rest until the law specifically spelled out in plain language that home schoolers have the right to continue educating their kids as they see fit. Anything else will be but an election year pause in the state's efforts to take away the rights of parents.
I give the court credit for reversing itself. They thought they had all the information on the first pass, and they acknowledge here that they were wrong.
I’m just glad the Governor and the legislature contributed to a review of the decision. Someone caught the legislature acknowledging home schooling with that deal about fingerprinting, and I’ll bet the weighed heavily. Actually, I’ll be it weighed heavily as a way to save face.
This was going to blow up in the faces of the court, and I think they knew it.
Excellent!
It should be noted, that it was likely Republican members of the Legislature that communicated with the court.
Exactly what I was thinking. Unbelievable.
The State of CA did have some ISPs -- and Gray Davis eventually mandated the ISPs to be using the same curriculum and benchmarks as those in pub ed were getting. Basically, the homeschooling parents acted as "unpaid" supervisors.
Back in the 90s, however, the colleges were very adamant they would not accept "homeschoolers". Period. Anyway, we busted through that glass ceiling; however, although the state will be implementing the gay agenda in K-12; I'd be watching to see what "pre-reqs" a homeschooler will be REQUIRED to take when entering any kind of CA college. Currently there are some "pro-diversity" pre-reqs which are utterly a waste of time, outside of teaching a student the semantics of litigation avoidance.
I'd be watching how the colleges react to this newer ruling. My two cents.
Let’s not forget however, about the activist judge that started all of this. There are people out there completely committed to making everyone subservient to the state. We need to stop these people every time they pull something like this activist judge did.
JoMa
I don’t like homeschool laws either which is why I think it’s good we might move to Texas. But in CA it seems like you’re just one confirmed bad court case away from losing your rights entirely.
I’m sure they heard the music. The people of California are going to eventually toss the bums out. What California home schoolers need to do is push for legislation recognizing their right to home school. They could use a model like we use in Virginia. It is very effective and no problems have been found. My wife and I home school and it is going very well.
And now for this:
“The California Legislature has just passed a bill (AB 2567) to require public schools to celebrate homosexuality, bisexuality, and transsexuality,” said Thomasson. “Existing state laws require the positive portrayal of alternative lifestyles (SB 777, AB 394) and the abolition of moral values on sexual matters in public schools (SB 71).
http://www.savecalifornia.com/getpluggedin/news_details.php?newsid=9914
Thank you for posting the url. Yes.. The Dem Legislature is abolishing a moral value set in K-12 with a moral value set of their own in K-12. This is why I brought up the College/U aspect for homeschoolers to keep their eyes on. I’ve already been through a few rounds of this while raising my own kids. I’d seen the shifts all around “education” in CA. I wonder if any AFL-UNIONS will accept any homeschooling transcripts as equal to H.S. Diplomas. I’m watching the shifting scene right before my eyes.
“It’s not clear to me whether you are mad that they made a wrong decision, or mad that they decided to fix it.”
I’m not mad about the outcome.
I find it troubling that a court would issue an opinion without understanding the law and relevant precedent. It just reinforces my view that our courts are filled with moral and legal relativist (lawless) judges. They are a threat to life, liberty and property.
Thankfully, I live in a state where it is very easy to homeschool (TX). My children will never set foot in a the pagan academies also known as communist government schools.
Ah. Now I see what you meant.
I’m forced to agree...
Good news!
Ping to metmom for the Homeschool Ping List.
Welcome to Free Republic!
i guess it can seem that way from the outside... but quite honestly, i am going into my eighth year of homeschooling, and so far, it's been peaceful--even with this year's ruling... absolutely nothing changed... but if you can live in Texas, well, that's even better... Idaho is another good state...
no way would i want what you have in Virginia... you actally have regulations... i say no legislation is best... and that's what we have in California... no homeschool laws... i want to keep it that way...
The rules of procedure in all states provide for such rehearing requests. Some states require the motion before an appeal can be filed.
It is very very very very (did I say very?) rare for a court to grant the motion for rehearing and then actually reverse itself.
Reporters report it as if it was a devastating loss even though it is a routinely denied.
Here is the extraordinary when it actually happens and instead the dinosaur networks are reporting the weeks old story of edwards’ affair. THIS is a significant legal story.
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