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California Court Rules Homeschooling Illegal
LifeSiteNews.com ^ | 3-4-08 | edcoil

Posted on 03/06/2008 7:32:18 AM PST by edcoil

LOS ANGELES, March 5, 2008 (LifeSiteNews.com)

Thousands of homeschoolers in California are left in legal limbo by an appeals court ruling that homeschooling is not a legal option in the state and that a family who has homeschooled all their children for years must enrol their two youngest in state or private schools. Justice H. Walter Croskey in a written opinion said, "California courts have held that under provisions in the Education Code, parents do not have a constitutional right to homeschool their children."

The sweeping February 29th ruling says that California law requires "persons between the ages of six and eighteen" to be in "public full-time day school," or a "private full-time day school" or "instructed by a tutor who holds a valid state teaching credential for the grade being taught".


TOPICS: Culture/Society; News/Current Events; US: California
KEYWORDS: ca; california; californication; communism; communismrules; diversitytraining; education; englishas2ndlanguage; homeschool; homeschooling; homosexualagenda; nofreedoms; ruling; selfesteemclasses; spanifornia
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To: edcoil

This is what the whole country can expect when the leftists get into power. The public school system functions very well as a device to
- replace the family as the giver of moral principles
- change the child’s sexual morality to one that conforms to good communist principles
- destroy any pride in the USA, in keeping with communist principles of tearing down the USA and then rebuilding it as a communist paradise
- teach the children to report their parents for infractions involving firearms, “hate speech”, intolerance.
- inculcate atheistic and materialistic principles so the kids won’t have anything to live for, any hope, and will become nihilistic robots like all good leftists
- teach useless information and avoid teaching English, math, history and other useful subjects


41 posted on 03/06/2008 7:51:44 AM PST by Leftism is Mentally Deranged (i'm right, they're wrong)
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To: alloysteel

I think it was Joe Sobran who said that in the past 100 years, our education system has gone from offering Greek and Latin classes in grammar schools to offering remedial English classes in colleges.


42 posted on 03/06/2008 7:52:08 AM PST by Mac from Cleveland (All generalities are false--including this one.)
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To: MrB
I hate to say it folks, but:

“A Republican, former business lawyer, Croskey could be labeled conservative, but he doesn't seem ideological.”

Certainly not on matters of social values!!!

43 posted on 03/06/2008 7:53:35 AM PST by ROLF of the HILL COUNTRY ( Terrorism is a symptom, ISLAM IS THE DISEASE!)
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To: All
More bad news from the Judge's profile:

“Croskey seldom gets reversed or depublished — despite producing prodigious numbers of published opinions in complex, cutting-edge cases. Indeed, he often shows the way for the Supreme Court,..”

44 posted on 03/06/2008 7:58:01 AM PST by ROLF of the HILL COUNTRY ( Terrorism is a symptom, ISLAM IS THE DISEASE!)
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To: EternalVigilance

>>Justice H. Walter Croskey
>>Tyrant.

This same judge ruled that lesbians have full parental rights and he also stomped on punitive precedents in order to sock Phillip Morris with massive penalties during the tobacco witch-hunt.


45 posted on 03/06/2008 7:58:14 AM PST by vikingd00d
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To: UCANSEE2

“So when does the Revolution begin?”

It’s already started. The “authorities” just don’t realize it yet.


46 posted on 03/06/2008 7:59:31 AM PST by dljordan
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To: EternalVigilance

How did this modern day Roland Frieseler get onto the bench?


47 posted on 03/06/2008 8:00:14 AM PST by KC_Conspirator
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To: edcoil
I wonder where the home schooled students will go now?

California teachers are already complaining that the classrooms are already overcrowded.

48 posted on 03/06/2008 8:00:16 AM PST by R_Kangel (`.`)
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To: MrB

“Yes, it will be overturned.”

absolutely. On the other hand, if every homeschool parent insisted on every accomodation and due process that was available at every turn, including showing up every day complaining about everything that is wrong with the educational system, one can imagine that the right to homeschool would be returned rather quickly as well.

If you are in California and you have kids, and you homeschool, you’ve simply got to move because this isn’t going to stop. The schools have every financial incentive to keep pressuring homeschoolers.


49 posted on 03/06/2008 8:00:25 AM PST by RFEngineer
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To: ROLF of the HILL COUNTRY

Damn! Well, I would have been right 99% of the time.


50 posted on 03/06/2008 8:00:41 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: poobear
Dear poobear,

“You some lawyer or somethin’?”

No, just a homeschooling parent.

Here's HSLDA’s take on it, by the way:

Legal Option:

- Qualify as a private school
- Use a private tutor
- Enroll in a private school satellite program, taking “independent study”

[Option 1 Requirements - Qualify as a private school]
Attendance:
- None

Subjects:
- Same as the public schools and in the English language

Qualifications:
- Must be “capable of teaching”

Notice:
- File an annual affidavit with the Superintendent of Public Instruction between October 1 and 15

Recordkeeping:
- Maintain an attendance register

Testing:
- None

As you can see, although the court may be semantically correct that no one in California may “homeschool,” those who actually homeschool may do so legally by informing the state that they are a private school, by teaching a similar curriculum as is found in the public schools (that only means teaching similar subjects, not using similar texts, etc.), by declaring that one is “capable of teaching,” by keeping an attendance register, and by filing an affidavit to the effect of these requirements once per year.

Although my state, Maryland, doesn't call this “qualifying as a private school,” our requirements aren't very dissimilar.


sitetest

51 posted on 03/06/2008 8:00:42 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: edcoil

Don’t worry folks, this ruling would get shot down by substantive due process. There are several SCOTUS cases such as Meyers v. Nebraska and Pierce v. Society of Sisters that lend support home schooling.

This judge is a moron. There is no constitutional basis for abortion, domestic partnerships, civil unions, or gay marriage, but we have all of that.


52 posted on 03/06/2008 8:01:27 AM PST by conservativeinferno (My SUV is the urban squirrel's worst predator.)
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To: kempster

I think the concern is that they cannot properly brainwash homeschooled children.


53 posted on 03/06/2008 8:01:34 AM PST by I'm ALL Right! (Dear RNC: Not one Conservative Candidate? Not one "RED" penny)
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To: edcoil

Judicial activism that would argue for a McCain victory, in spite of his questionable conservative credentials.


54 posted on 03/06/2008 8:02:14 AM PST by tennteacher (Hunter Conservative)
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To: edcoil

Keep your powder dry!


55 posted on 03/06/2008 8:02:39 AM PST by Tolkien (There are things more important than Peace. Freedom being one of those.)
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To: Edgar3
Will everyone just abandon the state or will they really fight for it?

Neither. The inhabitants of the state will merely accept what is merely the latest assault on any remaining rights they maintain for now.

56 posted on 03/06/2008 8:03:34 AM PST by paul51 (11 September 2001 - Never forget)
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To: edcoil

>>Well, there you go.<<

If you are talking about California, I think “there” is a good place NOT to go. ;)


57 posted on 03/06/2008 8:03:43 AM PST by RobRoy (I'm confused. I mean, I THINK I am, but I'm not sure. But I could be wrong about that.)
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To: massgopguy

It’s not just the control of the kids, it’s the money. The schools get a given amount of money for every student in the school. That means more money for the unions and the teachers and employees.


58 posted on 03/06/2008 8:05:05 AM PST by RC2
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To: sitetest

“As you can see, although the court may be semantically correct that no one in California may “homeschool,” those who actually homeschool may do so legally by informing the state that they are a private school, by teaching a similar curriculum as is found in the public schools (that only means teaching similar subjects, not using similar texts, etc.), by declaring that one is “capable of teaching,” by keeping an attendance register, and by filing an affidavit to the effect of these requirements once per year.”

APPLAUSE!!!

Thanks again.


59 posted on 03/06/2008 8:05:22 AM PST by poobear (Pure democracy is two wolves and a lamb voting on what's for dinner. God save the Republic!)
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To: edcoil

Since the internet reached maturity and computers with high speed access became a common commodity, public schools became obsolete - except as daycare centers, cafeterias for the gov. to feed the poor, and indoctrination centers.

In Cal., homeschooling may be illegal, but it just means the law is unconstitutional. It clearly violates the pursuit of happyness.


60 posted on 03/06/2008 8:06:01 AM PST by RobRoy (I'm confused. I mean, I THINK I am, but I'm not sure. But I could be wrong about that.)
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