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To: sitetest
Well, yes. The trial court ruled in favor of the family, and the appellate “judges,” with clear bias toward the authoritarian state authorities, manipulated and twisted law and precedent to come to the opposite conclusion of the trial court.

They appear to have based their rulings on precedent (copiously cited) and the exact letter of the law. What more do you want?

It appears that to the degree that the “judges” followed any standard but their own tyrannical natures, they followed outdated precedents that contradict the actual plain language of the law, and failed to follow how this part of the law has evolved in California.

Hm. Well, you can say that ... but the two cases you cited don't deal with the specifics of this ruling. And -- just as in this case -- it would be good to see the actual rulings cited, so as to see what the court really ruled. I strongly suspect that there, as here, the homeschool advocates are not accurately presenting what the ruling says.

And, for what it's worth, I'm not sure that a ruling by the Municipal Court of Santa Maria is controlling in a case like this one....

"a private K-12 school is not within the jurisdiction of the State Department of Education for the purpose of approval of courses or course content or issuance of regulations, except as provided by law," (p. 3). This ruling would apply to all home schools that file a private school affidavit.

The ruling addresses this specifically, beginning on about page 8. "Provided by law" is the relevant phrase, btw.

171 posted on 03/06/2008 1:19:20 PM PST by r9etb
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To: r9etb
Dear r9etb,

Here's the thing. I'm not a Californian or a lawyer.

But I'm not braindead, either. It's clear to me how the HSLDA citations apply - if it's not to you, well, go figure it out for yourself. In any event, it seems to be clear to a whole lot of other people - including 166,000 homeschoolers, and the entire government of California that has permitted these 166,000 homeschoolers to use the laws in this way - how this applies.

Again, although I don't know the precise history of how homeschooling law evolved in California over the past 50 years, I know that the law evolved substantially since the main decision that the black-robed tyrants cited in their “opinion.” I don't need to be a Californian, a lawyer, or even a historian to be able to see that they reached back for precedents from a discredited past when the state of California DID try to prevent people from homeschooling.

That was an illegitimate power grab on their part, and as I said, I hope they repent before they must pay for their crimes.


sitetest

172 posted on 03/06/2008 1:25:28 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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