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.
Someone has done one of those on line programs for home schoolers, maybe Bill Bennett?
LOL! Until last year I had to drive by that willfully ignorant mess every Tuesday. I’d stick my arm out, thumb down, and boo. In a better thought, Thank God for our vets and our servicemembers!
Violation of that article is recognized as a crime against humanity, one the Nazis were specifically guilty of, prompting its inclusion in the declaration in 1948.
This is truly shocking. My kids are still too young for school, but if this stands, we may have to move out of California. Any system that thinks my kids “belong” to them instead of to themselves and to their parents is broken beyond repair.
This sentiment conceals a contradiction. What if the parents are "messing with the children" ? This is what seems to be indicated in this case, whatever the legalities are. Naturally, having the state intervene against the parents on behalf of the children raises a lot of questions. But can the parents have absolute autonomy over their children?
I’m sorry to tell you this, but that “Ace” is no ace!
He is quoting the WRONG part of the education code that applies to homeschoolers. We do NOT homeschool under the code dealing with tutors.
I have filed in California for nine years. I have NEVER done a criminal background check on myself, or have had to give my childs name. Homeschooling takes place under the private school laws. They are DIFFERENT from the tutor laws.
Please, I have done homeschooling here in California. If you do not personally file here and understand the law, don’t post that you do understand. It is getting quite tiring if all the false information.
HSLDA has read the ruling. Here is their news alert e-mail:
Response to California
Appeals Court Ruling:
‘Homeschooling is Illegal’
Dear HSLDA Members and Friends:
On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.
This case involved a family with a 20-year history of litigation in the juvenile courts over the care of their children. Prior adverse decisions had been rendered by the courts.
This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.
There are two appellate options at this time.
First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.
HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.
The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.
HSLDA will take the lead in an effort to seek to have this case depublished.
Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family’s beliefs.
The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.
Sincerely,
J. Michael Smith
HSLDA President
Well, I was responding to the sentiment I quoted, but point taken.
I would expect that HSLDA will be all over this case in a matter of hours and I would expect that this appeals court will get smacked down by the state Supreme Court. I will definately be praying that this gets reversed.
Its really sad when cases like this make it to the appelate courts due to the bad facts. However, I would expect that HSLDA will probably try to take over the case for the sole reason of overturning the bad precedent that was set here. Yes, these people sound like they may have been lousy parents which may well be a matter for child services if they can actually prove abuse. However, a ruling that homeschooling is not legal is disastrous for good homeschooling families all across CA.
Do you have any idea of all the good work that HSLDA has done. I really wouldn’t criticise this organization unless you have a good reason too. I know these people personally and they are great people who have done a lot of good for this country.
You may be right. Our nation's descent into evil has been assisted by our jurists, educators and especially our God-less politicians.
It's as though the majority of our so-called leaders sell their souls to the devil for whatever fame they think they get from political life.
We need a true, America-loving, UN-hating right-wing conservative at the top of the ticket.
We need one who will deport all illegals, clean out our prisons of illegal criminals, close down the border and build a wall the likes of which has never been seen before.
If a country stops barring illegal entry into their country then its sovereignty is forfeited. But then our worthless politicians know that as that is part and parcel of their scheme to destroy America.
The main proponent was the KKK.
-Eric
We have quite a few illegals in here as well. Although still a solid conservative state we are getting influx of new liberals.
And you might simply read before making ridiculous statements.
FRegards.
It quite clearly says, in that section, that the criminal background check is for those who are "employed"...and it then goes on to lay out "employed" as several categories of full-time, part-time, etc., but all are PAID.
If you look at the FAQ of the website that he cites (the state education website), it even answers that homeschoolers operate under that section.
Of course, that's not what was ruled at all.
The decision affirms that you can't break the law to homeschool, but following the current law allows homeschooling.
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