Home schooling unlawful, says California court

OneNewsNow ^ | 3/6/2008 | Allie Martin and Jody Brown

[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.

[Gondring]

Me thinks this heads for the Supreme Court, and soon.

That would stink. What a rotten case...makes homeschoolers look bad.

[farmer18th]

But educating illegal aliens in State schools at taxpayer expense is just fine..

Precisely. If anarchy is the standard, make the best of it, Californians. Tell them, "I'll enroll my kids in public school when you send all illegals back to Mexico."

[farmer18th]

Time for people with kids to LEAVE the Peepul’s Republik of Kaleeephonia.

On the contrary, it's time for the remnant to start speaking the truth. Pagans and sodomites are fearful dolts; a few righteous men could turn California completely around. Have you seen what MASSresistance is doing back there in Kennedy's state? If you want to be a real son of liberty, you've got to stay in the battle.

[pesto]

I live in El Dorado Hills, and most people I’ve met are conservative..I hope it remains so with all the people moving in from San Fran and LA..

[Liberty Wins]

Judge Croskey is obviously expecting his ruling to be upheld by the future liberal-dominated USSC appointed by President Obama/Clinton/McCain . . .

[Ezekiel]

And another thing...

Whatever I had to submit to the local school at the end of the school year (e.g. test scores), I had the school copy in my presence for *my* records. I also required them to stamp my copies with their “received” stamp, dated and initialed. After all, if they lost stuff, it would be my word against the machine.

One year, in late summer, I received a call from the school, asking for the paperwork that *I was supposed to turn in* (see what I mean?) a few months earlier. Well I just happened to be sitting next to my files, and pulled out my copy with the received stamp, informing the school representative of the date I submitted the documentation. Ooops, guess he’d better look harder for his copy. A few weeks later another person called for the same reason, so I had to repeat myself. They stopped calling after that. If I didn’t have those copies, I would have been the guilty party by default. That could have become a nightmare.

[LukeL]

My mother taught me more in my first 5 years of life, than the schools taught me up untill the 2nd grade. I knew all by colors, shapes, numbers, letters. I could read and wrtie and do simple math as well. I have also been able to learn more on my own then I ever learned in public school.

[conservativeinferno]

This won’t survive a substantive due process attack. SCOTUS precedent form cases such as Meyers v. Nebraska and Pierce v. Society of Sisters will allow for homeschooling. The Court has recognized a fundamental right to privacy in matters such as the rearing of children which includes education.

Any there any attorneys posting on this story?

[tutstar]

In Re Petitioners vs Superior Court (California Court Upholds Laws That Permit Homeschooling)

http://www.freerepublic.com/focus/f-news/1981634/posts

So which is correct?

[tutstar]

Indoctrination is exactly what this is about. The school only wanted the family’s 2 youngest children who would be easier to brainwash than the older ones who have been taught the Bible since they were young.

[gondramB]

I though we had another thread that said that this didn’t make home schooling illegal but made it so home school teachers had to get certified.

[Guenevere]

bttt

[stentorian conservative]

You mention molestation downthread from my comment and then accuse me of a "sick" comparison? Nice try. My "dishes" comment was a response to your quote:

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.”

Just out of curiosity, when did you first know of the molestation accusation and removal of the three children? Before or after the aforementioned post?

[Mad_Tom_Rackham]

I’m not there, but if I were, I’d organize and fight. Enough is enough.

I'd like to see enough Constituionalist Conservatives emigrate from other states into California so that control of the government could be fully wrested from the socialists.

Immediately thereafter, every socialist law on the books could be canceled. The income tax could be eliminated. All services for illegals could be eliminated. Penalties for hiring illegals could be created and enforced. The entire Bill of Rights could be reinforced. Anti-growth and anti-business policies could be eliminated. Freeway funds could be spent on freeways. Car pool lanes could be eliminated. Government schools could be reformed or eliminated. Nuclear power plants could be built. Oil could be pumped. Trees could be cut. Mines could be mined. We could tell Washington to piss off whenever necessary. Etc.

Within twenty years, we would be the most prosperous and attractive state in the world.

[ThePythonicCow]

The snow has stopped now. There's a couple of inches on the ground, pretty wet stuff.

The kids next door built a snowman and a snowfort -- cool!

[mad_as_he$$]

Hope it melts in time for morning drive time.

[Mad_Tom_Rackham]

Yes.

[XR7]

Dr. Dobson Outraged by California Ruling Banning
Home Schooling

 

by Jennifer Mesko, managing editor

Focus chairman calls it an 'all-out assault on the family.'

A state appeals court has decided California parents without teaching credentials do not have a right to home-school their children.

The 2nd District Court of Appeals ruling could affect up to 200,000 home-schooled students in the state.

“The court is guilty of an imperious assault on the rights of parents,” said Dr. James Dobson, founder and chairman of Focus on the Family. “How dare these judges have the audacity to label tens of thousands of parents criminals — the equivalent to drug dealers or pickpockets — because they want to raise and educate their children according to their deeply held values?

"The case before them involved one couple — the ruling should have been confined to that one couple, not used to punish an entire class of people, the vast majority of them religious conservatives.”

According to the Home School Legal Defense Association, California is set to become the only state to deny the vast majority of home schooling parents their fundamental right to teach their children at home. The group will file an amicus brief in the case.

Dr. Dobson said Focus on the Family will do whatever it can to get the ruling overturned and to restore the basic rights of parents in California to determine how their children are educated.

“This is an all-out assault on the family, and it must be met with a concerted effort to defend parents and their children,” he said. “We will team with key allies and use every means at our disposal to make sure that not just every Californian, but every American, is aware of this miscarriage of justice. We will encourage them, by the hundreds of thousands, to make their voices heard on this matter.

"And we’re hopeful that, in the end, common sense and legal sanity will prevail.”

Dr. Dobson will discuss the ruling on his Friday radio broadcast.

Candi Cushman, education analyst for Focus on the Family Action, said the court's timing is horrible.

"This takes away recourse from thousands of parents in California who want to escape the government-enforced indoctrination in public schools," she said. "The Legislature recently passed a law that basically ensures that students get a one-sided, positive portrayal of homosexuality and same-sex 'marriage.' "

TAKE ACTION
We are asking concerned citizens across America to sign a petition asking the state Supreme Court to "depublish" the case, which means to apply the case to the family involved — not to all California families.

LISTEN TO THE BROADCAST
Dr. Dobson will discuss the California ruling on his Friday radio broadcast. Find a station or listen online.

[KTM rider]

here is an example of the wonderful enlightenment of facts and educational experience available in California public schools. I took this photo today at the University of Irvine California campus.....

[XR7]

All white flags too.