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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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"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."

Americans fought a war for independence, now it appears we need a revolution.

1 posted on 03/06/2008 1:31:15 PM PST by fweingart
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To: fweingart
Americans fought a war for independence, now it appears we need a revolution.

what we have now is a government of the liberals, by the liberals, and for the liberals.

2 posted on 03/06/2008 1:33:51 PM PST by kingattax (99 % of liberals give the rest a bad name)
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To: fweingart

Will the last sane person to leave California, please remember to lock the gate on your way out................


3 posted on 03/06/2008 1:34:09 PM PST by Red Badger ( We don't have science, but we do have consensus.......)
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To: fweingart
Home schooling unlawful, says California court..

But educating illegal aliens in State schools at taxpayer expense is just fine..

4 posted on 03/06/2008 1:35:04 PM PST by Wil H
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To: fweingart
A three-judge panel of the California Court of Appeal has determined parents in that state have no legal right to home school

FORCED INDOCTRINATION PING!!

5 posted on 03/06/2008 1:35:12 PM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: fweingart

Oh boy. Here’s a 500-post thread in the making.


6 posted on 03/06/2008 1:35:24 PM PST by Attention Surplus Disorder (We've checked, and all your zeroes are OK. We're still working on your ones.)
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To: fweingart

California Court rulings are unlawful, says home schoolers.


7 posted on 03/06/2008 1:35:26 PM PST by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: kingattax

I lived in California for a long time. It used to be a great state....used to.

I’ve always believed that when the next civil war erupts in America, California will be the state where the conflagration begins.


8 posted on 03/06/2008 1:35:52 PM PST by july4thfreedomfoundation (Change.....that's what we will have left in our pockets if a Democrat gets elected president!)
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To: fweingart

I’d post what I think should be done to this SOB judge but the moderators on FR tend to frown on that kind of thing.


9 posted on 03/06/2008 1:36:13 PM PST by PeterFinn (I am not voting for McCain. No way, no how.)
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To: fweingart

Throw down time?


10 posted on 03/06/2008 1:36:15 PM PST by AD from SpringBay (We deserve the government we allow.)
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Comment #11 Removed by Moderator

To: fweingart

All your children are belong to us.


12 posted on 03/06/2008 1:36:25 PM PST by Lexington Green (“The first battlefield is the rewriting of history.” -- Karl Marx)
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To: StarCMC

HOME SCHOOL ALERT!


13 posted on 03/06/2008 1:37:38 PM PST by Old Sarge (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: fweingart

I have had several reasons to be proud of my state recently. This is one of them. My state has been and remains very friendly to home schoolers.


14 posted on 03/06/2008 1:38:02 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Pride in the USA

Coming soon to neighboring state(s), no doubt. Sick!!


15 posted on 03/06/2008 1:39:57 PM PST by lonevoice (John McCain was a Kinoki foot pad in the Reagan Revolution)
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To: kingattax
But, but, but...can't we all just get along?

We must end the gridlock and join hands with our leftist, marxist brethern for the good of the country.

Hillary's the one! She'll fight for families, especially since she knows so much about them. Her family is about as maladjusted as the fictional Addams Family.

Don't we want someone of experience to answer the White House phone at 3:00 AM?

If Hillary is elected, the only one answering the phone at that hour will be the hillbilly, marxist rapist with someone like Babs on the other end.

Hillary, of course, is an early to bed person who prefers to pull the covers over her head, turn on her flashlight and cavort with her live-in muslim.

16 posted on 03/06/2008 1:39:58 PM PST by fweingart (Obama-Clinton (A ticket that will change our lives forever!))
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To: All
"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." So in other words.. We (The state) want to indoctrinate your children without your interference and every one can be dumbed down to the lowest common denominator of the slowest child in classes.
17 posted on 03/06/2008 1:40:16 PM PST by Kitanis (Kitanis,)
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To: fweingart

Listen up, Subjects!

You WILL submit your children to become wards of The State. Assimilate into the Collective willingly or the forced submission will not go well for you.

You have NO choice in this matter.

(But is seems leftists are FOR “choice” on just about every other matter.)


18 posted on 03/06/2008 1:40:30 PM PST by subterfuge (Obama will NOT get the nomination.)
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Comment #19 Removed by Moderator

To: july4thfreedomfoundation

It’s still a great state. I live in conservative country in the foothills above Sacramento. Granted, I work downtown but it’s not bad here either. I get a big grin every Friday as I go past the war protesters at the corner of L and 15th. Bunch of ancient hippies, I can smell the patchouli from em now...


20 posted on 03/06/2008 1:41:46 PM PST by Lx ((Do you like it, do you like it. Scott? I call it Mr. and Mrs. Tennerman chili.))
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