Posted on 03/11/2007 11:50:14 AM PDT by EternalVigilance
A Superior Court judge in New Jersey says homeschooling is just about the same as deliberate child abuse.
In fact, he says, he just might name a school district in his state as a defendant in a current court dispute, citing the district's "shocking" failure to monitor and test all students – including homeschoolers.
"In today's threatening world, where we seek to protect children from abuse, not just physical, but also educational abuse, how can we not monitor the educational welfare of all our children? A child in New Jersey, who recently was found unfed and locked in a putrid bedroom was allegedly 'homeschooled' and because no one, such as a teacher or nurse, was able to observe any abuse in a school setting, it went undiscovered," wrote Judge Thomas Zampino in a case that came before him.
That's even though New Jersey state law does forbid child abuse, and its regulations regarding homeschooling say parents or guardians are allowed "to educate the child at home." Further, the state law notes they are not required to submit any type of communication of intent to a local school board, nor are parents required to have their plans approved by a board.
(Story continues below)
In fact, state law allows a school board in New Jersey to act against a homeschooling parent only if there is "credible evidence that the parent, guardian or other person having custody or control of a school-age child is not causing the child either to attend school (public or nonpublic) or to receive equivalent instruction elsewhere than at school …"
Despite New Jersey state law, Zampino insists what heeds to happen is this:
Certain basic requirements and safeguards should be implemented that protect all children, once the decision to "homeschool" a child has been made by the parents, as follows: 1. A parent/guardian who seeks to homeschool his/her child(ren) must register the child(ren) in their home school district, so that no child slips through the cracks of our education system.
2. A curriculum must be presented and filed with the local board of education and some "homeschool" training seminar required for the teaching parent (a four-hour video would suffice).
3. Testing on the same standardized basis for all students shall be administered to all homeschool children on an annual basis to measure whether "equivalent instruction" is being received by a child "elsewhere than at school."
A New Jersey lawyer familiar with homeschooling precedents in his state told WND the judge suggests the parents in the divorce dispute work it out. But he said the judge's additional comments are alarming.
"He's presenting this as though it's authority," Christopher Brennan said. "He's just making this up, with no basis whatsoever, saying that this is what should be done."
The judge, in fact, didn't stop with just the New Jersey situation.
"Here, [a witness in court] testified that approximately two million of today's fifty five million school age children are presently being homeschooled in the United States. Such numbers outside the public school system cannot be left without any review requirements under the law," Zampino said.
"How can we have as existing law for these children, only two court decisions that are over 40 years old, and no state statute that outlines a framework for school districts when parents choose this alternative for their children" the judge asked.
The Home School Legal Defense Association, which works worldwide on behalf of homeschool students and projects, said it couldn't comment on the specific issues in the case. But the organization did note that the judge's words did not change New Jersey law.
"In order to protect individual freedoms, the founders of our nation wanted to be sure that governmental powers did not become overly concentrated. To prevent this, they wisely split power into three branches – legislative, judicial and executive. As the founders conceived it, the judicial branch has no power to make new laws. That power belongs to the legislature working through representatives elected by the people," the group said in a statement.
Brennan, however, noted that once a judge's opinion becomes available, it is easy for another judge to quote from that, or even cite it as a conclusion.
"What really is problematic [is] this is symptomatic of classic judicial activism. The Legislature clearly spells out what's required to educate a child in the state of New Jersey," Brennan said. "They've said, 'This is the requirement,' and it's just that they [homeschooling parents] have to provide an equivalent instruction."
The judge said the status of homeschooling, to him, isn't acceptable. His comments were prompted by concerns by Stephen Hamilton that his wife, Tara Hamilton, from whom he separated in 2006, was adequately teaching their children at home.
"In questioning by this court, the mother made it clear that in the ten years she had been homeschooling the children, no one from any Board of Education in Montclair (where they lived until October 2006) ever visited the home. Ms. Hamilton never went to any school or board office, no lesson plan was ever reviewed and no progress report or testing of the children was ever performed. This is shocking to the court," he wrote.
"In this day and age where we seek to protect children from harm and sexual predators, so many children are left unsupervised. It is further shocking to this court that in September, 2001 the New Jersey Department of Education published answers to frequently asked questions about homeschooling as a guide to local school districts that listed the following:
1. Parents/Guardians are not required by law to notify their public school district of their intention to educate the child elsewhere than at school. 2. The law does not require or authorize the local board of education to review and approve the curriculum or program of a child educated elsewhere than at school.
3. No certification to teach is required to be held by the parent.
4. No standardized test(s) are administered to the children.
The judge, however, said he wasn't attacking homeschooling.
His comments, rather, are "a statement that it is necessary to register those children for whom this alternative is chosen and to monitor that their educational needs are being adequately nurtured. Judicial interpretation of the statute requires such steps to measure 'equivalent instruction' when the alternative 'elsewhere than at school' is chosen by parents.'"
In the case at hand, involving the Hamilton family, the judge said the father has an administrative remedy at hand. He may contact the Ridgewood Board of Education "and the school district will file suit … against Ms. Hamilton for the children's non-attendance at school." When she then notifies the court she's chosen homeschooling she will then be required to show the school district it is equivalent, the judge said.
The HSLDA said the judge probably would not have been shocked had he been aware that New Jersey's homeschooling laws are similar to those in other states.
"The judge is mistaken, pure and simple," Brennan told WND. "A judge can be mistaken."
He said the two million students homeschooled in the United States now are not being neglected, either. They are, in fact, protected from being molested by teachers, which while rare, does happen.
In a commentary on the Constitutionally Correct site, the writers said New Jersey judges "who legislate from the bench are giving Massachusetts judges (and German jack boots) a run for their money. … The court's opinion is a judicial temper tantrum. The judge wails that New Jersey law doesn't fit his idea of what the law should be. Not only does New Jersey law not require government monitoring and testing of homeschoolers, the state gives public schools no legal authorization to do so…"
The reference to Germany was about an issue on which WND has reported extensively. In that case, police took into custody a 15-year-old student, Melissa Busekros, and a judge ordered her into a psychiatric hospital, for being homeschooled, which remains illegal in that country.
Wolfgang Drautz, consul general of the Federal Republic of Germany, has said that "the public has a legitimate interest in countering the rise of parallel societies that are based on religion or motivated by different worldviews and in integrating minorities into the population as a whole."
That means, worldviews that do not align with those taught in Germany's public schools must be stamped out, he said.
The HSLD has called the case an "outrage."
Further, American homeschoolers should be concerned, as WND has reported, because the ease with which similar restrictions on free choice could be imposed in the United States.
Michael Farris, cofounder of the HSLDA, has called for an amendment to the U.S. Constitution to protect the right of parents to educate their children at home, in light of such developments in Europe.
Sure it was. In the "Old Deluder Satan Law," officially called the Massachusetts Education Law of 1647 established a compulsory education system (every town with 50 families had to hire a teacher...
Even the entry from Wikipedia says that "As a practical matter this law did not require towns to have schools, as very few towns in the Massachusetts of 1647 had at least one hundred families, nor did it require young people to attend school."
My point is that compulsory attendance laws didn't take off until the great Irish immigration scares of the 1800s, when compulsory attendance laws were used to force the children of poor Irish Catholic immigrants into the Protestant government schools.
This is the history of the Know Nothings, and the Blaine amendments that were added to most state constitutions. The high point of the movement was reached in the late 1920s, with the SCOTUS case of KKK vs. Society of Sisters, where the Oregon KKK tried to outlaw private (i.e., Catholic) schools.
The model for these government schools, which were formed in the mid-1800s, was Prussian. Horace Mann praised these schools (which he never saw in operation) in his testimony before the Boston school board.
Industrialists like Carnegie and Rockefeller supported and further refined the Prussian model of schooling, because it produced compliant drones for industry. The advent of behavioral psychology at roughly the same time had a profound effect upon the teacher colleges that were being set up, thus dooming generations of children to educational "laboratories."
The history of compulsory schooling in America is uniformly bleak, from beginning to end.
The Collectivist Speaks - and redefines non-compliance with the State as impermissible deviance.
Bolshevik bullying and brainwashing, nothing more.
The evidence points to a causal relationship. Only someone willfully blind could miss the connection.
Leading Nazis, and early 1900 influential German biologists, revealed in their writings that Darwin’s theory and publications had a major influence upon Nazi race policies. Hitler believed that the human gene pool could be improved by using selective breeding similar to how farmers breed superior cattle strains. In the formulation of their racial policies, Hitler’s government relied heavily upon Darwinism, especially the elaborations by Spencer and Haeckel. As a result, a central policy of Hitler’s administration was the development and implementation of policies designed to protect the ‘superior race’.Darwinian beliefs were promulgated in the compulsory German schools.
SAT/ACT homeschoolers:
http://www.hslda.org/docs/news/hslda/200105070.asp
Standardized test scores homeschoolers:
http://www.hslda.org/docs/nche/000010/200410250.asp
objective instrument **or*** a portfolio of work
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Having submitted many portfolios, I testify that a portfolio is **not** mandatory testing.
Yeah I know it is higher than the average of the public school, but less than 100 points higher. The average SAT for public school kids was a 1019.
My public school kid got a 1410 with no prep on the verbal and about an hour of prep for the math - and that was while preparing for All States on her instrument, carrying 5 AP classes, volunteering 10 hours a week at the Free Clinic, and practicing 3 hours a day, 6 days a week for a varsity sports team.
Especially when these very same parents left the public school system..... I'm thinking few to none.
Same here, and I went to Catholic school.........
Actually it's politicians who make the decisions about public schools who do that at a higher rate than the rest of the population.........wonder why????
as a biological unit, I realize that there is always the possibility that abuse may occur. But this "nazi in robes" judge needs to realize that the state is no source of credible information and not just because it is New Jersey (although that in it's self is reason enough to be suspect of information) but the fact that NJ has a history of being anti-freedom.
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