Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

California Court Rules Homeschooling Illegal
LifeSiteNews.com ^ | 3-4-08 | edcoil

Posted on 03/06/2008 7:32:18 AM PST by edcoil

LOS ANGELES, March 5, 2008 (LifeSiteNews.com)

Thousands of homeschoolers in California are left in legal limbo by an appeals court ruling that homeschooling is not a legal option in the state and that a family who has homeschooled all their children for years must enrol their two youngest in state or private schools. Justice H. Walter Croskey in a written opinion said, "California courts have held that under provisions in the Education Code, parents do not have a constitutional right to homeschool their children."

The sweeping February 29th ruling says that California law requires "persons between the ages of six and eighteen" to be in "public full-time day school," or a "private full-time day school" or "instructed by a tutor who holds a valid state teaching credential for the grade being taught".


TOPICS: Culture/Society; News/Current Events; US: California
KEYWORDS: ca; california; californication; communism; communismrules; diversitytraining; education; englishas2ndlanguage; homeschool; homeschooling; homosexualagenda; nofreedoms; ruling; selfesteemclasses; spanifornia
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 201-206 next last
To: Originalist
Time for Californian's of conscience to move - Even good advice for our children, don't like a situation, run away, don't fight for your rights, just quit, let the bad guys win.
61 posted on 03/06/2008 8:06:43 AM PST by SF Republican (Conservatives wanted all or nothing, and they got it.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: UCANSEE2

>>So when does the Revolution begin?<<

Sooner than everyone thinks, I suspect. Just wait until the economy REALLY tanks. Seriously.

http://billstclair.com/lodge/Books101.shtml


62 posted on 03/06/2008 8:08:06 AM PST by RobRoy (I'm confused. I mean, I THINK I am, but I'm not sure. But I could be wrong about that.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: UCANSEE2

Warning: “downer” reply in 3... 2... 1....

Never.

Where are the well-funded homeschoolers’ unions, with the deep pockets to stand up in court against the teachers’ unions? And the armies to resist the power of the state?

HSers ARE ALREADY PAYING for public school, AND have to pay for their homeschooling. They’re two-parent families; if they can, they live on a single income. They attend and support their churches, missionaries, families. They don’t have money-and-time-to-burn. Leave them the Gehenna alone, and they’ll raise smart, capable, productive, INDEPENDENT-THINKING (and there’s the rub) kids.

But totalitarianism never sleeps.

So, no resources, no organization, no revolution.

They win. HSers move, if they can. California loses.


63 posted on 03/06/2008 8:08:49 AM PST by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
[ Post Reply | Private Reply | To 2 | View Replies]

To: SF Republican
Even good advice for our children, don't like a situation, run away, don't fight for your rights, just quit, let the bad guys win.

I'm thinking you haven't noticed we lost Kalifornia a looooong time ago...

64 posted on 03/06/2008 8:11:15 AM PST by Originalist (Freedom prospers when religion is vibrant and the rule of law under God is acknowledged. - RWR)
[ Post Reply | Private Reply | To 61 | View Replies]

To: BibChr
Where are the well-funded homeschoolers’ unions, with the deep pockets to stand up in court against the teachers’ unions? And the armies to resist the power of the state?

Here's where to start:
http://hslda.org

Contribute if you can.

65 posted on 03/06/2008 8:11:21 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
[ Post Reply | Private Reply | To 63 | View Replies]

To: paul51
Neither. The inhabitants of the state will merely accept what is merely the latest assault on any remaining rights they maintain for now.

DING DING DING DING!!!

We have a winnah!

66 posted on 03/06/2008 8:12:19 AM PST by Originalist (Freedom prospers when religion is vibrant and the rule of law under God is acknowledged. - RWR)
[ Post Reply | Private Reply | To 56 | View Replies]

To: MrB

Yessir, you betcha, we’ve been members from our Day One.

(But I was mainly responding to “When’s the revolution”? Sure hope HSLDA can win the day on this.)


67 posted on 03/06/2008 8:13:29 AM PST by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
[ Post Reply | Private Reply | To 65 | View Replies]

To: sitetest

Reference: “ those who actually homeschool may do so legally by informing the state that they are a private school, by teaching a similar curriculum as is found in the public schools (that only means teaching similar subjects, not using similar texts, etc.), by declaring that one is “capable of teaching,” by keeping an attendance register, and by filing an affidavit to the effect of these requirements once per year.”

Actually this case was about that kind of arrangement. Also involved was a Christian homeschool association that provided assistance with curricula, testing and such. The judge was saying that this was illegal. He dismissed the association’s involvement and said that its involvement was aiding in the circumvention of the law.
The judge was affirming that only certified, LICENSED teachers may teach their children.


68 posted on 03/06/2008 8:15:08 AM PST by ROLF of the HILL COUNTRY ( Terrorism is a symptom, ISLAM IS THE DISEASE!)
[ Post Reply | Private Reply | To 51 | View Replies]

To: edcoil

1) This guy is a Republican

2) We should step back and look at the actual ruling. (which I haven’t done) - If the law in CA states that it is mandatory to send your child to an “approved” school, then I have no problem with the ruling. I would rather have a judge rule on the law than legislate from the bench.


69 posted on 03/06/2008 8:16:49 AM PST by NY.SS-Bar9 (DR #1692)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Originalist

Not quite. Its just we have lots of weirdos here, it is not lost it is just not what you want it to be. Just run away, good solution.


70 posted on 03/06/2008 8:18:46 AM PST by SF Republican (Conservatives wanted all or nothing, and they got it.)
[ Post Reply | Private Reply | To 64 | View Replies]

To: edcoil
Fortunately for Californians, the free world is not far from your borders. Try this site for homeschooling resources:

http://homeeddirectory.com/

71 posted on 03/06/2008 8:21:00 AM PST by BlazingArizona
[ Post Reply | Private Reply | To 1 | View Replies]

To: EnigmaticAnomaly
Time for California to experience a massive earthquake and sink into the Pacific...

Yet another moronic, juvenile statement from Illinois, hoping for death and destruction of those that have nothing to do with this judges comments.

Of course this will be overturned, and when that news is posted here, those that are terminally jealous of California, like you, will just ignore it.

When they rolled the Ten Commandments monument out of the Alabama statehouse into the basement, did you call for tornadoes to kill off everyone in Alabama? No?

I could name several thousand other examples of this type of government intrusion from Las Vegas to Georgia, but I won't bother because you people like you are just too damn ignorant to realise this type of government intrusion is now occurring everywhere.

72 posted on 03/06/2008 8:25:50 AM PST by dragnet2
[ Post Reply | Private Reply | To 33 | View Replies]

To: paul51

Most likely your state does not have the ability to create law by proposition. We will create that law and it will pass.


73 posted on 03/06/2008 8:26:12 AM PST by Walkingfeather
[ Post Reply | Private Reply | To 56 | View Replies]

To: ROLF of the HILL COUNTRY
Dear ROLF of the HILL COUNTRY,

“Actually this case was about that kind of arrangement. Also involved was a Christian homeschool association that provided assistance with curricula, testing and such.”

I only briefly read the opinion, but my sense was that the family may have been trying to qualify under two different options. Also, I don't know whether or not they submitted the necessary affidavit for the first option, qualifying as a private school.

“The judge was saying that this was illegal.”

If not done properly, in California, it is illegal.

“He dismissed the association’s involvement and said that its involvement was aiding in the circumvention of the law.”

I don't know if the school with which they were trying to associate was properly qualified or certified, or if they were following it properly.

That the justices cited the tutoring option as going unfulfilled for lack of a certified teacher at least suggests that it's possible that they didn't have evidence of the first option (qualifying as a private school) or the third option (qualifying through another private school) .

It appears that this family has trouble with the child welfare folks (I don't know whether that's justified or not). It may be that this family didn't fill out the right forms properly, and the justices decided to get ‘em on a technicality. I don't know.

Even the HSLDA is still a little cautious about this one:

“Home School Legal Defense Association was not involved with this case, and the family are not members, which is why we only heard about this case when the opinion was released on February 28, 2008.

Since legal cases have many facets, and we are starting from scratch, it takes time to investigate and fully absorb all the facts which led up to a particular decision. We are in the middle of that process, but because of the interest in this case we want to give you as much information as we can regarding the implications for California.”

That was posted on Tuesday, March 6. Thus, after about a week of working on the case, they're still figuring it out.

I'm gonna wait until the HSLDA has more to say about it.


sitetest

74 posted on 03/06/2008 8:27:51 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
[ Post Reply | Private Reply | To 68 | View Replies]

To: edcoil

Was this handed down from the 9th circus?


75 posted on 03/06/2008 8:29:50 AM PST by GOP_Proud (Disgruntled about it all. None of the above.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ClearCase_guy

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Thomas Jefferson

It looks like the Constitution is, and has been, under attack.


76 posted on 03/06/2008 8:35:22 AM PST by khnyny (Quid Est Veritas)
[ Post Reply | Private Reply | To 17 | View Replies]

To: sitetest
I agree with your comments. However, even if this judge's hands were tied by the letter of the law; I think you will agree that the state of California (and many others of godless, leftist bent) are hostile to citizens trying to educate their children with traditional American values whether be at home or private schools.
77 posted on 03/06/2008 8:35:54 AM PST by ROLF of the HILL COUNTRY ( Terrorism is a symptom, ISLAM IS THE DISEASE!)
[ Post Reply | Private Reply | To 74 | View Replies]

To: upchuck
You know they say as California goes, so goes the country.

Those that leave for legitimate reasons, my best to them.

Those that cut and run because they are giving in to the liberal agenda quite prevalent here are quite different in character and strength than those that choose to stay and fight the creeping socializm and anti-American positions taken by those in power.

It's not an easy fight here in California, but I applaud those that stay and fight for our Constitution and God given rights to decide what is best for our children.

78 posted on 03/06/2008 8:44:07 AM PST by Syncro
[ Post Reply | Private Reply | To 38 | View Replies]

To: edcoil

I thank God I’ve only got two years left with my son in High School. I’ve told him and his older brother that they’ll be disowned, disinherited and beaten if they don’t home school their future children.

“Were not having kids!”, yeah, right.


79 posted on 03/06/2008 8:44:41 AM PST by Rb ver. 2.0 (Global warming is the new Marxism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leftism is Mentally Deranged
teach the children to report their parents for infractions involving firearms, “hate speech”, intolerance.

I believe it is Marin County that is in the process of passing a law against using fireplaces. They have in the wording requests for neighbors to report those breaking the fireplace law.

Communism at it's finest.

80 posted on 03/06/2008 8:47:24 AM PST by Syncro
[ Post Reply | Private Reply | To 41 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 201-206 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson