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Home schooling unlawful, says California court
OneNewsNow ^ | 3/6/2008 | Allie Martin and Jody Brown

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.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: abuseofpower; activistjudges; allyourkids; anillegalactbyjudges; arebelong2gubmint; california; christianpersecution; communism; cwii; educashun; education; fascistjudges; homeeducation; homeschooling; homeschools; hslda; indoctrination; judicialactivism; kalifornia; lossoffreedom; ninthcircus; persecution; precedentintake; propertytaxes; publicskrewels; socialism; socialistschools; statesupremecourt; tenthplank; unalienable
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To: silverleaf
The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. - Ayn Rand
61 posted on 03/06/2008 2:13:08 PM PST by mnehring (The question isn't who is going to let me; it's who is going to stop me. -Ayn Rand)
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To: fweingart
You need to start “educating” them early, every secular socialist knows that. Homeschooling is a back-door way where families, communities or certain subcultures can keep out the message. It's not about what the kid knows, how well they perform on standardized tests, or the fact that they behave better, have less run ins with the law etc. It's about “what” they learn in addition to math, science, and English etc., even though that's not the official statement.
62 posted on 03/06/2008 2:13:30 PM PST by Red6 (Come and take it.)
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To: mnehrling

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.


63 posted on 03/06/2008 2:14:07 PM PST by TruthConquers (Delendae sunt publici scholae)
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To: TruthConquers
I've been wanting to create a 100% on-line home school program similar to how University of Phoenix or other on-line, accredited Universities work. It could have multiple state accreditations, so if one State has problems, such as California, it would be recognized in more favorable States, such as Texas.

Now where do we apply for capital from the Gate's foundation?

64 posted on 03/06/2008 2:16:28 PM PST by mnehring (The question isn't who is going to let me; it's who is going to stop me. -Ayn Rand)
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To: fweingart

http://www.courtinfo.ca.gov/courts/courtsofappeal/2ndDistrict/justices/croskey.htm

Born in 1933. That means he’s old. Very old. GOOD. ;-)


65 posted on 03/06/2008 2:17:09 PM PST by Humidston
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To: kingattax

I just got on to Sean Hannity and the call screener said he doesn’t want to talk about this. What a tool.


66 posted on 03/06/2008 2:17:20 PM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: stevio

Is he pushing for Rudy to be VP or something?


67 posted on 03/06/2008 2:18:34 PM PST by mnehring (The question isn't who is going to let me; it's who is going to stop me. -Ayn Rand)
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To: red flanker

All Your Children Belong to us -- It takes a Clinton, Stalin and Lenin to raze your village

68 posted on 03/06/2008 2:19:10 PM PST by red flanker
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To: fweingart

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.


69 posted on 03/06/2008 2:19:54 PM PST by Creek Injun
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To: fweingart

“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.


70 posted on 03/06/2008 2:20:19 PM PST by Fox_Mulder77
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To: Digital Sniper
YES- GREAT IDEA -all Kalifornia’s go to Arizona when you leave. Nevada sucks don't come here.
71 posted on 03/06/2008 2:21:45 PM PST by mad_as_he$$ (John McCain - The Manchurian Candidate? http://www.usvetdsp.com/manchuan.htm)
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To: mad_as_he$$

No. Not all Californians. Just the home-schooling ones. We don’t want the liberals any more than Nevada does.


72 posted on 03/06/2008 2:22:50 PM PST by Digital Sniper (Hello, "Undocumented Immigrant." I'm an "Undocumented Border Patrol Agent.")
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To: fweingart

We’re from the gubmint, we’re here to help.


73 posted on 03/06/2008 2:22:59 PM PST by exnavy ( conservative, not republican)
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To: stevio

lol...i hear ya


74 posted on 03/06/2008 2:23:49 PM PST by kingattax (99 % of liberals give the rest a bad name)
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To: mnehrling

Won’t work. There are too many radical mandates in the system, “Heather has Two Mommies”, etc.


75 posted on 03/06/2008 2:23:57 PM PST by Anti-Bubba182
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To: mad_as_he$$
Texas is FRiendly, we have lots of land, no State income tax, and low cost of living.
76 posted on 03/06/2008 2:24:17 PM PST by mnehring (The question isn't who is going to let me; it's who is going to stop me. -Ayn Rand)
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Comment #77 Removed by Moderator

To: fweingart

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.


78 posted on 03/06/2008 2:25:03 PM PST by I still care ("Remember... for it is the doom of men that they forget" - Merlin, from Excalibur)
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To: fweingart; All
Well this should get parents off the hook from having to read all those "lesson filled" bedtime stories asked of them by their kids, by telling them they will be considered "teaching" and will be arrested if they do or try.

(...ok....sarcasm off thingee goes in this spot....)

79 posted on 03/06/2008 2:25:29 PM PST by musicman
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To: fweingart

Outrageous ruling by the goons in CA.


80 posted on 03/06/2008 2:25:42 PM PST by indcons (FReepmail "indcons" to get on the Barack <<redacted>> Obama ping list)
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