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.
"Already the hour is late. Government has laid its hand on health, housing, farming, industry, commerce, education, and to an ever-increasing degree interferes with the people's right to know. ... We approach the point of no return when government becomes so huge and entrenched that we fear the consequences of upheaval and just go along with it."
— Ronald Reagan
If CA parents would get off their collective butts and file a class action law suit - this would be put to rest.
The stats show that a child is at great risk of bodily harm and public schools in CA are not the best place to learn. i.e., drop out rates, test scores, etc.
Why the hell does anyone still live in California? I know the weather is nice but factor in everything else and it’s Hell.
That was the allegations of what they were doing to their kids.
“parents who fail to comply...may be subject to a criminal complaint...”
wow. it’s getting curiouser and curiouser...
(hear the sound of liberal marching boots in the streets?)
boy oh boy. they’re feeling their oats now.
Yes. Private certified teachers are allowed, also. California law recognizes this.
Disclaimer: IANAL and this ain't legal advice.
So is not protecting our borders, so says the friggin FEDERAL law!!
I'm so sick of these asshats I could scream!!
PING - Judicial tyranny and homeschooling collide.
Any bets this will be overturned upon appeal? Another example of how the judiciary in California is out of control.
The reality IMO is if the citizens stand up and stop electing incompetent people a change will come. Here in Houston, we just threw another incumbant out in the Allan Fletcher race. It all starts in the primaries. And i agree with your tag line. It just needs to continue and said and we go nothing...because people complain but are unwilling to compromise before.
I just think we need to start taking the country back and not just suck up the reality the Dems deal us. I will fight illegal immigration to my dying breath becaues i am a natralized american citizen that had to fight to come here, not just break in.
My kids are home schooled in California right now.
Come and get me.
The Hitler Youth will be indoctrinated in the Government Schools whether you like it or not.
Maybe you can tell me why this whole issue came up. If you read the opinion, you'd know that it was one of the kids reporting mistreatment by the father.
I am fully aware that such claims can be trumped up, and Social Services agencies can use such things to wield power, so I don't just accept the claim without question. But I do think that there are questions--whether about the parents or the agency and court, which said:
"Given the history of this family, which we need not discuss here, permitting the parents to educate the children at home by means of a credentialed tutor would likely pose too many difficulties for the tutor."
My hat is off to you my FRiend. I hope there are tens of thousands standing right next to you.
Yes, and it could be that the “snitches” part was something that the judges found really odd because of their political viewpoints. Or it could be that it was an oddball comment out of context.
My point is, without reading the unpublished portions, there’s a lot more to the story that we’re missing.
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