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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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To: fweingart

We can expect worse nationally if Hitlery is elected President.


301 posted on 03/08/2008 5:36:08 PM PST by RWB Patriot
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To: fweingart

Translation: “Home schooled children are making us look bad. We must end them.” - AFT, NEA, CTA (biggest lobby groups in Calif., have CA Assembly in their pockets)

If the homeschooling parents have a Master’s or other higher ed degree, why should they slum for a “teaching credential”?


302 posted on 03/09/2008 6:58:12 PM PDT by 4Liberty (U.S. Income Tax laws are enforced... but Immigration laws aren’t = global tax.)
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To: 4Liberty
... why should they slum for a “teaching credential”?

Exactly.

They truly have the child's welfare at heart completely unlike most of the teachers in the government schools.

Of course, without proper government and whacko school board involvement their children may never learn the art of placing a condom over a banana, or hearing a lecture about the joys of homosexual sexual practices.

303 posted on 03/10/2008 5:27:22 AM PDT by fweingart (Obama-Clinton (A real dream team!))
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To: Spktyr
At this point, it’s NOT fixable. Abandon ship; let it sink.

At this point, I crap in your face....Given the fact that more Californians have given their lives fighting than your POS state.

304 posted on 03/30/2008 7:01:57 PM PDT by dragnet2
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To: dragnet2

I live in Texas. Please provide proof.

I believe that if you check the records from the current war, a disproportionate number of the deceased were from Texas.


305 posted on 03/30/2008 7:09:49 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
I live in Texas. Please provide proof.

I know where you live AH. Look it up yourself. Its no secret, more Californians have give their lives fighting this war than ANY state.

You'd think before you shot off your mouth, you do some research. But of course, you just burp out out crap from Texas.

306 posted on 03/30/2008 7:15:03 PM PDT by dragnet2
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To: Spktyr; dragnet2

http://icasualties.org/oif/Statecity.aspx


307 posted on 03/30/2008 7:21:05 PM PDT by TightyRighty
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To: TightyRighty

I don’t need your stats, I know what they are.

But it just proved my point...Thanks anyway.

Maybe it might shut that loud mouth up.


308 posted on 03/30/2008 7:27:09 PM PDT by dragnet2
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To: dragnet2

Geez! I saw the post and was curious so I posted the link I found. That was beside the fact he was knocking CA which I didn’t appreciate either. WTH?


309 posted on 03/30/2008 7:32:31 PM PDT by TightyRighty
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To: dragnet2; Spktyr
Given the fact that more Californians have given their lives fighting than your POS state.

No matter the reason calling Texas a POS state, especially compared to California is a real stretch.

Further this issue is certainly nothing to argue about.

310 posted on 03/30/2008 8:05:50 PM PDT by Eaker (2 Thessalonians 3:10 “... He that will not work, neither should he eat.”)
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To: Eaker

Then tell that Texas chump to curb his bull shit about Cal. Ya wanna run your mouth with BS, ya’d better expect to someone to come along and clean your clock.


311 posted on 03/30/2008 8:46:14 PM PDT by dragnet2
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To: dragnet2

I will acknowledge that CA has passed Texas since last I looked.

On the other hand, I used to BE a Californian. Care to explain why they decided to start randomly banning guns? When they said “hand over your SKS”, I decided enough was enough and left.


312 posted on 03/30/2008 9:12:04 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: dragnet2

Also, if California is so great, please explain how the following is consistent with the conduct of a free state.

1: Banning guns.
2: Making “Why Heather Has Two Mommies” mandatory in schools, yet letting kids who can’t read advance and graduate.
3: A state justice system that allows Code Pinkos to assault peaceful demonstrators, yet throws the book at said peaceful demonstrators if they fight back.

I can list more reasons to leave... especially since there aren’t enough right-thinking voters in California any more (thanks to emigration and illegal immigrant voting) to fix the problem. Oh, and getting caught out in the LA Riots of 1992 in the middle of the combat zone when the LAPD abandoned everyone to their own resources and the state government took three days to get their head out of their arse and send the National Guard in tends to make one NOT ADORE THE STATE.

My personal theory would be - abandon California, let it collapse, then come back and rebuild it properly after.


313 posted on 03/30/2008 9:24:13 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
I will acknowledge that CA has passed Texas since last I looked.

Wrong again bucko.

More Californians have given their lives fighting in Iraq than any other state, and it's been that way for years.

I'm not trying to minimize the losses from your state of Texas, I just tire of people like you, constantly shooting off their mouths without thinking.

314 posted on 03/31/2008 8:07:39 AM PDT by dragnet2
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