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.
That is what I want to know.
What I do know is that homeschooling is done under the SAME laws as private schools. So, it seems to me, (I’m no lawyer) that, yes, they are in danger too.
As to creating private schools, this family was in one, an ISP, one that the judge ruled that they were to be banned from. That there then made them “illegal”. I saw on another thread that this school HAS been in compliance for 20 years.
This is a power grab. Plain and simple.
Now where do we apply for capital from the Gate's foundation?
http://www.courtinfo.ca.gov/courts/courtsofappeal/2ndDistrict/justices/croskey.htm
Born in 1933. That means he’s old. Very old. GOOD. ;-)
I just got on to Sean Hannity and the call screener said he doesn’t want to talk about this. What a tool.
Is he pushing for Rudy to be VP or something?
How can the government dumb-down impresionable children if they are being home schooled? Give the commies a chance...
Really, if California was not a fellow state in our union I would call for military intervention. Maybe I should anyway? That place is downright dangerous.
“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.””
I’ll translate this into back room liberal speak:
Old man Croskey says a scam is being run by christian schools to let uneducated christian parents lock their kids up in the house all day teaching them anti-gay christian values.
No. Not all Californians. Just the home-schooling ones. We don’t want the liberals any more than Nevada does.
We’re from the gubmint, we’re here to help.
lol...i hear ya
Won’t work. There are too many radical mandates in the system, “Heather has Two Mommies”, etc.
And so it begins. CA is just the start. I’ve been warning of this.
If Hillary or Obama get in, expect this all over the nation. We will be like Germany, throwing homeschoolers into mental clinics because they must be “unbalanced” to have such suspicion of public schools.
The democrats are willing tools fo the NEA and teachers unions. They salivate over controlling your children.
(...ok....sarcasm off thingee goes in this spot....)
Outrageous ruling by the goons in CA.
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.