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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: dragnet2
"those that are terminally jealous of California, like you,"

Thank you for the much-needed humor this morning, it brought a smile to my face...:-)

Oh, and if you are imbecilic enough to believe I would truly wish ill on the denizens of CA because of the actions of a few, then you really ought to check your ability to determine when something is communicated tongue-in-cheek...

81 posted on 03/06/2008 8:49:41 AM PST by EnigmaticAnomaly ("This nation will remain the land of the free only so long as it is the home of the brave.")
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To: UCANSEE2

these judges need to be thrown out. Why don’t we do what was done with Rose Bird? She was thrown out of office, was she not?And while we are at it, lets get all of the supreme court judges impeached by putting pressure on congress to do that...the ones that have supported baby killing. It’s time we realize that these dimwitted and wicked judges don’t rule our country! They are being used by the darkside and don’t know it...but we need to stop them in their tracks.


82 posted on 03/06/2008 8:50:52 AM PST by fabian
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To: ClearCase_guy
See my tag line -

Carolyn

83 posted on 03/06/2008 8:57:14 AM PST by CDHart ("It's too late to work within the system and too early to shoot the b@#$%^&s."--Claire Wolfe)
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To: R_Kangel
I wonder where the home schooled students will go now?

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

Good comment.

I saw on the news that people are complaining at the massive cuts in the school budget in California, and so there is a drive to add on $120 to the property tax in one county to help the schools.

There was a massive demonstration in one district (don't remember which one) where the teachers and administrators allowed the kids to leave school for the day and protest.

The state government has for years been stealing the school money (that brought in by the lottery, etc) and using it for selfish wasteful programs therefore leaving it to the schools to further tax the residents of the various districts. (Of course that money will be wasted or stolen too.)

I believe California has recently mandated that "teaching homosexuality is a wonderful lifestyle" which will cause a massive outlay for books illustrating the benefits of such a wonderful choice.

What this state is doing with the massive amount of dollars coming in from the state tax on the high cost of each gallon of gas sold is beyond me.

Oh that's right, it goes into the General Fund, Arnold's pocket change fund. Billions.

84 posted on 03/06/2008 9:00:45 AM PST by Syncro
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To: edcoil

So let me just get this straight...

In Kalifornia, parents have the right to KILL their children, but not to EDUCATE them.

Sure, why not. Makes sense to me./s


85 posted on 03/06/2008 9:02:12 AM PST by VRWCer ("The Bible is the Rock on which this Republic rests." - President Andrew Jackson)
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To: RFEngineer
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.

Moving won't help in the long run.

Giving up will only accelerate the problem, and cause it to come to your state and all the others even sooner.

Staying and fighting for our rights is the American thing to do.

86 posted on 03/06/2008 9:04:24 AM PST by Syncro
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To: ROLF of the HILL COUNTRY
Dear ROLF of the HILL COUNTRY,

HSLDA has previously stated that California is a state with low regulation of homeschoolers. Previous to this ruling, California had been considered a pretty good state for homeschoolers.

Indeed, when one looks at the law, and sees how it's been enforced for some years, California's regulation of homeschools is rather modest.

Thus, I'm unwilling at this juncture to say that California is hostile to homeschoolers based on a single legal opinion that, if interpreted in the worst way, seems to overturn years of settled law.

I find the case confusing, and will look for clarification in the coming days and weeks.

Did these judges really mean to say that the way folks have been following the law for umpteen years is illegitimate, and that 166,000 homeschoolers are in violation of the law? Or are they only saying that this is how the law applies in this case?

I certainly disagree with the judges that there is no right to homeschool, but again, perhaps the differences here are more semantic. Perhaps in their view, what rights parents have are already protected in the state code, and if they're NOT trying to undo how the law has been enforced for years, in some sense, they're not entirely wrong. The California code can be interpreted (and has been interpreted for years) as implicitly affirming significant liberties for homeschoolers.

Perhaps the judges of the appeals court are trying to give the child welfare folks an additional way “in” to this family because they believe that there are real abuses happening. That might be a misguided approach, especially when they use language that seems broad and sweeping in denying a fundamental right to homeschool. But maybe they used such language to circumvent the claim that even if the parents didn't follow the law strictly in setting up their homeschool, it would be an unconstitutional violation of their rights to restrict them from homeschooling based on technical violations of the law.

I just don't know.

And that's why my family pays the HSLDA a hundred and something dollars per year; so that they can figure it out, and vindicate, as needed, the rights of homeschoolers to the greatest degree possible.


sitetest

87 posted on 03/06/2008 9:04:35 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: edcoil

Next, Kalifornia will be building a wall. Much like the one that used to separate East/West Germany.


88 posted on 03/06/2008 9:05:39 AM PST by Grunthor (None of the Above 2008!)
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To: EnigmaticAnomaly

It was noted you declined to answer the question. No surprise there.


89 posted on 03/06/2008 9:06:19 AM PST by dragnet2
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To: edcoil
This may or may not be a serious issue, but you cannot trust LifeSite News or World Net Daily to get it right. Example from the article:

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".

Why do you suppose that the had to use four sets of quotes? Could it be because they are not accurately quoting the opinion?

Here’s what it really says

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.) applies to the child.

See the ruling at the link.

And, before you flame me, my argument is not about home schooling. It is about accurate reporting.

90 posted on 03/06/2008 9:06:42 AM PST by Fundamentally Fair (Experience Change!)
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To: edcoil

“California Court Rules Homeschooling Illegal”

Move. Pack up and friggin’ move. Let the leftists destroy that state. Try Idaho, Montana, Wyoming or the Dakotas. They could use the growing tax base and they have plenty of room.....and a major plus, not a lot of gay mafia/socialism going on there.


91 posted on 03/06/2008 9:07:28 AM PST by Grunthor (None of the Above 2008!)
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To: Syncro

“Staying and fighting for our rights is the American thing to do.”

Then move your kids out of harms way and then fight. If you succeed in making the place habitable for Americans again, I’m sure they’ll come back.


92 posted on 03/06/2008 9:09:54 AM PST by RFEngineer
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To: Originalist
Time for Californian's of no conscience or will to fight against the tyranny of government to move.

I corrected your statement.

They would probably just get in the way of those that choose to stand up instead of turn tail and run.

93 posted on 03/06/2008 9:10:43 AM PST by Syncro
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To: Originalist
When it hits Arkansas will you cut and run, or stay and fight?

If California has been "lost", look for it soon in every state.

94 posted on 03/06/2008 9:13:58 AM PST by Syncro
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To: NY.SS-Bar9
A link to the ruling. I think that this article misrepresents it...

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.) applies to the child.

95 posted on 03/06/2008 9:14:08 AM PST by Fundamentally Fair (Experience Change!)
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To: GOP_Proud
Was this handed down from the 9th circus?

Huh, let's read the article and find out...

96 posted on 03/06/2008 9:15:48 AM PST by Fundamentally Fair (Experience Change!)
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To: Syncro
When it hits Arkansas will you cut and run, or stay and fight?

Oh, it's OK to cut and run when it fits their political agenda or personal feelings.

97 posted on 03/06/2008 9:16:22 AM PST by dragnet2
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To: Grunthor
Good morning.
“Try Idaho, Montana, Wyoming or the Dakotas.”

I wonder what the good citizens of the states you mention think of someone from the socialist state of Washington recommending that their beautiful open land be filled up with people from the socialist state of California.

It's generally better to stay and keep up the good fight than to give up your home. Not always, of course, but the things you flee sometimes come to the place you flee to and ruin it.

Michael Frazier

98 posted on 03/06/2008 9:20:42 AM PST by brazzaville (No surrender, no retreat. Well, maybe retreat's ok)
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To: Fundamentally Fair
Thanks for posting the link to the actual ruling. Amazingly -- but not at all surprisingly -- none of the "Outraged Articles" bothers to provide it.

Alas, too many FReepers don't seem interested in going to the actual sources anymore -- they'd rather believe implicitly, and quote liberally from, articles that quote WorldNutDoily.

99 posted on 03/06/2008 9:23:29 AM PST by r9etb
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To: dragnet2
"When they rolled the Ten Commandments monument out of the Alabama statehouse into the basement, did you call for tornadoes to kill off everyone in Alabama? No?"

THIS question? You are comparing apples and oranges here, my friend. I would have answered this question if its answer would have sufficiently damaged my credibility, but, seeing as it does not, no need was present to grace your irrelevant question with an answer. Alabama and California are worlds apart in their saturation level of socialist/communist infestation.

100 posted on 03/06/2008 9:24:07 AM PST by EnigmaticAnomaly ("This nation will remain the land of the free only so long as it is the home of the brave.")
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