Home schooling unlawful, says California court

OneNewsNow ^ | 3/6/2008 | Allie Martin and Jody Brown

[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.

[dschapin]

Thats probably why HSLDA is pushing to have this case de-published so that it will have no precedential effect. Because as you have pointed out the facts are bad in this case and it really could have been resolved by a much narrower ruling which would not have been a cause for concern.

[repubmom]

http://gov.ca.gov/index.php/press-release/

Governor Arnold Schwarzenegger today issued the following statement regarding the recent Second District Court of Appeals ruling on home schooling:

“Every California child deserves a quality education and parents should have the right to decide what’s best for their children. Parents should not be penalized for acting in the best interests of their children’s education. This outrageous ruling must be overturned by the courts and if the courts don’t protect parents’ rights then, as elected officials, we will.”

[Dwarf Caiman]

So—therefore the answer is NOT (apparently) to hold the family individually accountable per the current law as written and as you claimed the HSLDA mucked up the interpretation—BUT RATHER NOW we have a situation of Law Created by Legislative Fiat—which means that everyone else in the state is affected.

Credential, eh? No agenda there?

Nice try. Laws should ordinarily be made by the legislative bodies—not the courts. The courts are to interpret the current laws, not find “penumbras” of some semi-spriritual meaning hiding in the shadows of assumption.

Even in the public schools I went to, they taught THAT much.

[Dwarf Caiman]

Well,yeah—

But the point I was making is that no doubt there are other issues at work here. I am wondering in fact if credentialling (so called) can get past the PCness now infecting California. I rather doubt it.

I don’t know the specific law regarding CURRENT qualifications as one other person was asking. Only commenting that NOW this ruling (even if the family were in the wrong) affects over 160,000 homes in one fell swoop with “certification” horsecrap that apparently didn’t exist before.

If this was not the case, then why the myrth and joy in the teacher’s unions?

http://www.sfgate.com:80/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL&tsp=1

[Dwarf Caiman]

That, in many contexts, is what is called “a distinction without a difference”

And what about this “certification” crappola? How do parentrs from here on our go about that? What is the cost? Is this free? State-sponsored? And what kind of material must be on the “approved list”

First, beyond the law now study to date has demonstrated the efficacy and need for certification other than job creation programs.

Are you about to tell us in one more breath that the author’s interpretation of this ruling is not only wrong, but that certification is now not the requisite for teaching in a private or homeschooled environment.

Much murk here. Please advise in that case.

Thus far, I noticed the only ones cheering are the teachers’ unions. Presumably their interpretation is not yours. Why would THAT be? If they are correct, how could YOU be? If they are wrong, then in that case it is obvious that they have no analytical skills about the laws of their state.

Thus certification is of utterly no value in any case.

[Dwarf Caiman]

UPDATE: 03/07/08— Apparently some muscle needed to clear this matter up?

“Gov. Arnold Schwarzenegger promised today to ensure that parents have the right to homeschool their children, after a state appeals court ruling severely restricted the practice in California.”

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/INCHVG0SD.DTL&tsp=1

[Dwarf Caiman]

Many Departments of Ed in the other States have similar verbiage. All the better to confuse. Yes, there is no “official” authorization (and does beg the question—should there be???), and yes here you must register, notify the local school district, and other hoop jumping as necessary. But this rather vague terminology does not address just “what” the “what” is of this “certification.” various attempts like this have been tried here also, thus far all to be shot down. One was the requirement of a college degree by primary teacher, etc. Which is a fine idea but puts those parents who have only high school diplomas in a bind and must hire someone out to do this in a “private” setting.

Of COURSE it does not officially outlaw ANYTHING, but he issue here is the certification thorn being used as a weapon against those parents whose primary career was, say, horse ferrying, and not posessing a credential, be it teaching or otherwise.

How then do those parents file?

[Dwarf Caiman]

We have that here also—we must apply as a private school.

Homeschooling per se might be mentioned in SC law but this is how we go about the registration process. And of course you must belong to one of three organizations for your “accountability group.”

But the real question here is the Certification issue.

[Dwarf Caiman]

Yeah—that sounds like the PACE program here in South Kakalaka. You get to teach while earning your certification. This takes some time while they hover over and mentor you. I actually considered this but got the cold shoulder even though I scored neared perfect on the Praxis test for Social Studies for Middle school.

Someone found out I was kinda conservative, I guess.

[Gondring]

We need federal legislation
that denies federal education funds
to states that do not recognize
a parent’s right to homeschool.

Why should I
Send my taxes to DC
for them to give back
only if I do what they want
(such as teach homosexuality)?

We need less government, not more.

[dschapin]

Well, God bless Governor Swarzenegger. I rarely agree with him but it sounds like he is going to go to bat for us this time.

[dschapin]

My reading of this decision is that is strongly suggesting that homeschoolers in CA can no longer apply as private schools. Instead, they would know have to apply as private tutors and run through all of the extra certification requirements that apply to private tutors.

[Diggity]

This will not stand up and will be eventually overturned.

Ironically, this maybe the first step in privatizing education.

John

[Dwarf Caiman]

it’s this family and the HSLDA that are damaging homeschooling.

The HSLDA was not involved in this issue and the family are not members, just for clarity, but since they WERE taken rather off guard by this ruling, they have issued statements. Are these statements then the “damage” that was done?

The interpretation as I saw it by this court leaves the door swinging wide open in the wind to fairly much interpret things however the need for “credentialing” is felt it should go by certain groups.

[GVnana]

That's because the family never registered themselves as a private school, but tried to use Sunland Christian School as the supposed school

Gondring, I haven't seen the entire decision, but the notion of the family failing to register as a school has not been covered in any media reports or even the Pacific Justice Institute's release on the case.

If that was the crux of the case, seems to me we would not have the sweeping denunciation.

I'm not up on current practices. My children are long grown-up.

In my early experience in these matters, the children were required to fulfill the curriculum requirements of the school, and the state of California, and produce evidence of academic accomplishment by objective testing.

There was never any need for a parent to establish a business entity. ,

[Notwithstanding]

I am not advocating
federal taxes for education,
rather
I am advocating restricting the use
of the federal education dollars
that already exist

hit the educrats where it matters most to them: money

[Gondring]

And I’m saying that’s a terrible precedent to strengthen.

It’s one of the things liberals would love—strengthening the ability of the federal government to run the states.

Let’s go for a conservative solution, not a liberal one.

[CottonBall]

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

hopefully, we will be joining the mass exodus! Hubby is just getting back from an interview in Mississippi!

[CottonBall]

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

and this fact is one of the reasons why many people I know homeschool. The schools here in Mexifornia put more emphasis on teaching the English learners than they do the children of citizens.

[CottonBall]

But educating illegal aliens in State schools at taxpayer expense is just fine.. - Good point, we should keep them uneducated.

We shouldn't keep them at all. They should be deported. While schools here in Mexifornia are putting all their effort and money into these English learners, the children of taxpayers are being neglected. I can't tell you how many parents I know that have either homeschool, to send their kids to private school, or have moved at great expense into an area with better schools because their children were being taught -- in Spanish!