Posted on 03/06/2008 1:31:14 PM PST by fweingart
A three-judge panel of the California Court of Appeal has determined parents in that state have no legal right to home school. A Christian attorney in Sacramento says unless the ruling is reversed, literally thousands of students in the Golden State will be subject to criminal sanctions. (click here for special webcast starting at 2 p.m. CST)
California Justice H. Walter Croskey has stated in an opinion that "parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program." The opinion was issued in the case of one family who enrolled their daughter in Sunland Christian School, a private home-schooling program based in Sylmar.
The ruling reverses an earlier opinion from a Superior Court that found that "parents have a constitutional right to school their children in their own home." But in his reversal, Croskey refers to the "ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credentialed parent."
Brad Dacus, president of the Sacramento-based Pacific Justice Institute, calls the scope of the decision "breathtaking."
"It not only attacks traditional home schooling, but also calls into question home schooling through charter schools and teaching children at home via independent study through public and private schools," he explains.
According to Dacus, the ruling goes against prior court decisions. "Case law in federal court and by the U.S. Supreme Court [has] already recognized that parents have a fundamental right over the education of their children," he points out. "And in fact, the lower-court judge in this decision ... actually ruled that these parents had a constitutional right to home school their children. But it was reversed by this three-judge panel in this appellate court."
Dacus says an appeal has already been filed by his firm on the school's behalf. "We're going to try to have this decision non-published and specifically tabled until a final determination by the State Supreme Court," he says. And if the decision is not reversed, says the attorney, "more than 166,000 students currently receiving an education at home will be subject to criminal sanctions."
For the time being, the decision affects four counties in the Los Angeles metro area. Sunland Christian School, says the Pacific Justice Institute, has been in full compliance with the requirements of California law for more than 20 years.
And a seven-foot-tall deputy (Shaq)!
Unbelievable, so blatant judicial overstepping has no media appeal to his audience? That’s the same thing Rush’s call screener said to me when I called about the Philly 7 years ago. Now I can put a screen name to the call screener. ;^)
We have another one:
CLA Win in Ohio: Keeping Christ in Assignments: Praise the Lord that after attorneys for CLA intervened with the school principal over a student's right to choose a religious topic for a school project in Ohio, a parent was able to get her child's religious project approved by the teacher.
CLA Win in South Carolina: Islam in School: Praise the Lord that attorneys for CLA were able to assist a South Carolina family whose student was being required to pray an Islamic prayer in school. When attorneys for CLA intervened, the principal was horrified to learn that the prayer had occurred and stopped the practice immediately. Please pray for a similar situation in Texas where middle school children are not only studying Islam in a required social studies class, but the textbook also teaches incorrect information about Christianity. Parents were not notified that their children would be taught religion in school.
CLA Standing Againt New Science Standards that Oppose God: Please pray that Florida will not set new science standards for schools that will require the teaching of evolution as a philosophical worldview. The state education board is considering making these changes and attorneys for CLA are working with state board members as they consider this issue. This change is being considered for many states, and if it is adopted in Florida, other states are very likely to fall in line with the modern science establishment.
Family Units Continue to Be Redefined Contrary to Scripture: New Hampshire has become the fourth state in the nation to legalize same- sex unions. That state joins Vermont, Connecticut, and New Jersey in recognizing civil unions, while Massachusetts continues to be the only state to recognize same sex marriage. New Hampshire estimates that 3,500 to 4,000 civil unions will be performed in the first year. Despite the change in terminology, in practice, civil unions and marriages provide equivalent benefits for nontraditional couples. Please pray that Americans will realize the negative effects of these policies, not only on these couples, but on society as a whole.
CLA Helping Churches Meet in Public Facilities: Please pray for churches in Nevada, Ohio, North Carolina and in many other states who are experiencing increasing difficulty in finding churches and other public facilities for meeting places. Adverse court decisions in New York and California (the Second and Ninth federal circuits) have emboldened local governments to turn away churches needing temporary meeting locations. Please pray that local officials will be elected across our nation who realize that churches are good for a community and who will want to provide places for them to meet. The latest court decisions do not require schools and other public facilities to reject applications from churches, but strong equal access principles followed for many years have clearly been eroded by these courts.
CLA Defending Church Meetings in the Park: Please pray for a Michigan church that was told it could not have religious meetings in the local park even though non-religious groups are permitted to have programs there.
CLA Helps Educators Who Want to Pray: Pray for a new teacher in an Illinois public school who is starting a before-school prayer group for fellow teachers. Also pray for school board members in one Texas district as they are working to keep prayer on their meeting agenda.
Children's Clubs Stop Praying: Pray for 4-H clubs in Virginia who are being told that the children may no longer pray during meetings as they have done during opening devotions ever since the program was founded.
Homosexual Activists Fight Boy Scouts: Pray for the Boy Scouts in Philadelphia, Pennsylvania, who are now being charged hundreds of thousands of dollars to use city facilities that were previously provided free-because the city claims the Scouts discriminate against homosexual scoutmasters.
www.christianlaw.org
LEAVE the State.
California will crumble, as it should.
Same year as Hitler's power grab.
What are some good online correspondence schools?
http://www.ontheissues.org/John_McCain.htm#Education
Better than most it looks like. He believes in homeschooling vouchers and the NEA doesn’t like him.
6 Hrs of talk is more than I can take, especially right now. We don’t get him in the Lehigh Valley of Pa., at least not that I know of. And if he’s not talking about it, then he doesn’t want to talk about it either. I find it impossible that I’m the only one calling these shows.
btt
LEAVE the State.
I’m not there, but if I were, I’d organize and fight. Enough is enough.
BTW, while we are on the illegal comments, this is a let me get this straight. So the laws they are making and going to enforces is against homeschoolers vs. the law taht are aleardy on the books regarding immigration.
I tell youi this country is so out of balance. its time for the people to stand up for themselves.
U.S. Supreme Court
Pierce v. Society of Sisters, 268 U.S. 510 (1925)
http://supreme.justia.com/us/268/510/case.html
“The fundamental theory of liberty upon which all governments of this Union rest excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. P. 535.”
Its awl beecuz homskulers cant spel or rite. Their idgits!
... of what?
Of course, it doesn't sound like these were the best home schoolers out there. In fact, this is rather bizarre:
Over the years, the parents of the children have given various reasons for not sending the children to school. Although previously they stated they do not believe in the policies of the public school system, more recently they have asserted that they home school because of their religious beliefs. The father also recently opined that educating children outside the home exposes them to “snitches.”
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