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.
Bingo!
What “gate”?
One of the many reasons I can't watch FNC anymore. He is a real piece of work.
The State fears free thinking citizens more than it does armed ones. For what is coming, the latter can be taken care of, but not the former.
God help us.
This asinine ruling will last about five minutes when it gets to the SCOTUS.
That was not why homeschooling was declared illegal in the entire state. This is a ridiculous argument, still. It was merely the vehicle for getting the family into the courts. We have no idea if the father was beating his children or if an unhappy, liberal family member sees homeschooling as anti-social child abuse and reported them to be spiteful.
Not as bad as we thought, perhaps. See #160.
“Follow the money folks, they are raising taxes for school funding. They are missing that federal subsidy for each child in home-school and the bus riders.”
Bingo. Every school has an “fte” number (full-time equivalency). Knowing California nowadays, they probably get to count students who attend one day during the school year, then drop out. Home-schoolers don’t show up at all so they are out of reach for the big state and federal bucks that come with each fte.
Submit your children to the indoctrination center immediately compliments of the NEA.
THANKS for the ping!!
Homeschooling today!
Homeschooling tomorrow!
Homeschooling forever!
(That’s all I wanted to say. The account had expired for inactivity, so I had to reregister it.)
It wasn't.
Here's a hint...don't believe everything reported by the MSM. I know there's a tendency for FReepers to declare the MSM totally void of any quality--except whenever they report what FReepers want to believe--but it's better just to remain cautious at all times.
This is a ridiculous argument, still. It was merely the vehicle for getting the family into the courts.
Actually, that's not correct.
This family has been in and out of the courts for 20 years, going back to when the father didn't like that the elder stepdaughter stayed out past 9, so she ended up in the hospital and then living with the grandmother and moving out of state.
This time around, the eldest of the three minor children showed up at the police station asking for help and saying she'd been molested, and that her parents wouldn't believe her and still invited the molester into the house.
We have no idea if the father was beating his children or if an unhappy, liberal family member sees homeschooling as anti-social child abuse and reported them to be spiteful.
True.
The teenage daughter's behavior seems to indicate that she has borderline personality disorder (though I am not a psych), so I don't know that we can necessarily trust her, (despite the therapist suggesting that she's extremely honest and blunt). But then again, her condition is quite typical of the effects of a family situation similar to what is alleged. The evidence cuts both ways.
We know the father and mother's stories have changed many times, and the various kids have contradicted them.
My point is, the state is far too likely to step into families' business, but at the same time, I think it's good to exercise discretion in hailing these folks as heroes or victims without knowing more to the story.
Funny how the father brags that he's raised eight kids so he knows what to do with them--yet many of them left home under protection of the state.
Not even that far...home school teachers don't even have to get credentialed. They just have to register the homeschool as a private school and complete a few basic requirements, such as demonstrate they are keeping attendance, teaching in English, and covering the classes that are taught in public schools.
Yes...pointing out how it's being misrepresented by the homeschooling advocates.
If the courts require credentialled parents before a child can be home schooled, the courts have effectively outlawed home schooling.
Read your comments. You defended them beating the kids (when I mentioned that was one thing in the accusations, you mocked it), and then you said that you had read about dishes...sarcastically calling them monsters. Seems to me that's belittling the actual 20-year history of accusations and dependency rulings, etc.
But, of course, that's not what the opinion says.
Have you read the opinion?
Hoping some folks will notice it...
:-)
Now this is an issue that will bring conservatives to the polls in numbers. It’s time to get a ballot initiative that reverses this and a good bunch of conservatives on the rest of the ticket. From diversity, comes strength and ultimately victory. Thanks for pissing us off judge.
Our country is going down the tubes, thanks to liberalism.
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