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In Re Petitioners vs Superior Court (California Court Upholds Laws That Permit Homeschooling)
PDF file of Offical California Court of Appeal Court Case Document ^ | February 28, 2008 | Judge Stephen Marpet

Posted on 03/06/2008 4:36:08 PM PST by Notwithstanding

It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) ***[which allows parents to homeschool as long as they register]*** applies to the child. Because the parents in this case have not demonstrated that any of these exemptions apply to their children, we will grant the petition for extraordinary writ.

(Excerpt) Read more at courtinfo.ca.gov ...


TOPICS: US: California; Your Opinion/Questions
KEYWORDS: homeschool; notdeadyet; ruling
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1 posted on 03/06/2008 4:36:08 PM PST by Notwithstanding
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To: SLB; hiredhand

Never mind........:o)


2 posted on 03/06/2008 4:38:13 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet.©)
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To: Notwithstanding

This family never bothered to follow the very simple rules for homeschooling in CA. They flouted the law, and the court is simply applying the law evenhandedly. Any decent parent can homeschool in CA as long as they register. The rules in CA are not draconian.


3 posted on 03/06/2008 4:38:43 PM PST by Notwithstanding ("You are either with America in our time of need or you are not" - W? No, 'twas Sen. Hillary 9/12/01)
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To: Notwithstanding

Don’t be posting this sort of thing. There is a nice ranting session going on over here, http://www.freerepublic.com/focus/f-news/1981532/posts


4 posted on 03/06/2008 4:39:31 PM PST by FewsOrange
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To: Notwithstanding

Bookmark


5 posted on 03/06/2008 4:39:49 PM PST by dragnet2
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To: Notwithstanding

hat tip: http://www.freerepublic.com/focus/f-news/1981585/posts


6 posted on 03/06/2008 4:40:02 PM PST by Notwithstanding ("You are either with America in our time of need or you are not" - W? No, 'twas Sen. Hillary 9/12/01)
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To: FewsOrange

P.S. I homeschool.


7 posted on 03/06/2008 4:40:41 PM PST by Notwithstanding ("You are either with America in our time of need or you are not" - W? No, 'twas Sen. Hillary 9/12/01)
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To: Notwithstanding

You can even file the affidavit with an online form!


8 posted on 03/06/2008 4:43:27 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Notwithstanding

“P.S. I homeschool.”

Me be homeskooled two.


9 posted on 03/06/2008 4:45:58 PM PST by frankjr
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To: Notwithstanding

The Home School Legal Defense Association describes the homeschool situation in CA here: http://www.hslda.org/laws/analysis/California.pdf

Interestingly, the HSLDA seems to be using this case to raise money and garner publicity, because it seems to be pitching a fit, though nothing the court said impacts their own legal analysis (see link above).


10 posted on 03/06/2008 4:48:17 PM PST by Notwithstanding ("You are either with America in our time of need or you are not" - W? No, 'twas Sen. Hillary 9/12/01)
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To: FewsOrange
Don’t be posting this sort of thing. There is a nice ranting session going on over here,

By all means, don't let those pesky little facts get in the way of emotional hysterics on FreeRepublic. After all, conservative ideology is driven by feelings, not facts.

11 posted on 03/06/2008 4:49:07 PM PST by Amerigomag
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To: Notwithstanding; Squantos
Then why is Pacific Justice Institute saying that the family has complied with the law?

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.http://freerepublic.com/focus/f-news/1981532/posts

PJI is no slouch shop on this issue. I have a hard time buying that their opinion isn't substantiated by fact.

12 posted on 03/06/2008 4:49:08 PM PST by Carry_Okie (We have three options with Islam: victory, surrender, or death.)
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To: Notwithstanding

It is beyond dumb that a parent has to register and put themselves on a list of people to attack when the state decides they want to exert some muscle just because they want to educate their child from their home.


13 posted on 03/06/2008 4:49:57 PM PST by Necrovore
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To: Notwithstanding
If you read the decision it is filled with language about how important it is for children to be taught patriotism and love of country and all that stuff that they will NEVER get in public schools.

BTW the decision mentions "other" exceptions for homeschooling but does not specifically mention the "registering" part. That is why there is such a panic going on on the other thread.

14 posted on 03/06/2008 4:50:19 PM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: EnigmaticAnomaly
Time for California to experience a massive earthquake and sink into the Pacific...

For those like you that wished for death and destruction of innocents and good conservatives in Cal.

You're glaring jealousy and unabated hate for the west coast is here for all to admire.

Cut and run? Only when it appeal to your personal agenda.

15 posted on 03/06/2008 4:50:49 PM PST by dragnet2
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To: Notwithstanding
This title is cr*p from the court. The decision did the opposite. It outlawed homeschooling unless the parents constitute themselves as a "private school." This article and title are as dishonest and unAmerican as the decision itself.

Congressman Billybob

Latest article, "The NY Times' Latest Hatchet Job on McCain"

A Freeper in Congress? Now is the time.

16 posted on 03/06/2008 4:55:01 PM PST by Congressman Billybob ( www.ArmorforCongress.com)
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To: Notwithstanding; Sidebar Moderator
Glad this was fixed on the Breaking News bar.

This family never bothered to follow the very simple rules for homeschooling in CA. They flouted the law, and the court is simply applying the law evenhandedly. Any decent parent can homeschool in CA as long as they register. The rules in CA are not draconian.

I have to wonder if perhaps everyone involved in this episode recognized that the kids weren't in a good situation, and as a result, nobody (including their court-appointed legal counsel) wanted to tell them that all they had to do was some minor paperwork (rather than push the preposterous "charter school" idea.

Or perhaps the parents were so averse to government control, that affidavit was too much.

17 posted on 03/06/2008 4:59:09 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Notwithstanding
Any decent parent can homeschool in CA as long as they register.

For what reason must they register with the State?

18 posted on 03/06/2008 5:00:05 PM PST by Momaw Nadon ("...with the ultimate goal of ending tyranny in our world.")
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To: Amerigomag

[by feelings, not facts.]

Trolling, are we?


19 posted on 03/06/2008 5:02:01 PM PST by dbacks (Taglines for sale or rent.)
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To: dragnet2

Thank you! My son WHO WAS HOMESCHOOLED is a Marine and stationed in California. Half my family live there. You’d think supposedly well educated people could find something more constructive to do with their hyperbole.

Cindie


20 posted on 03/06/2008 5:03:57 PM PST by gardencatz (My son is learning Arabic so you don't have to...oorah!!!)
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