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.
Orwell returns.
All traditional judges will be missed. They'll be replaced by raggedy-headed mullahs.
all i can say is america is worth saving, whatever it takes
Time for people with kids to LEAVE the Peepul’s Republik of Kaleeephonia.
At this point, it’s NOT fixable. Abandon ship; let it sink.
Another crappy ruling from the appeals court out of Californika. Honestly, this state is quickly becoming a marxist region. Get ready for a big earthquake to hit soon!
Follow the money folks, they are raising taxes for school funding. They are missing that federal subsidy for each child in home-school and the bus riders.
FYI!
Coming to a state near you.
There are already at least two others on the same subject.
“But educating illegal aliens in State schools at taxpayer expense is just fine”
You just hit on to something, I guess they want to force more kids into the public schools to help pay for the budget shortfall. Right now the schools are screaming because their budgets are being cut. And another thing, with all of the social liberal agenda being taught in the curriculm, especially the new one about promoting the gay life-style, isn’t forcing people with different beliefs to attend a form of religious persecution? Whoever the lawyers are on the other side, I hope they they make this part of their argument. It is unconstitutional for the public schools to force people into their system when they have a liberal political and social agenda.
What part of the foothills? I live in Amador county, just about as conservative as they get. Except for the newspapers that are owned by sac bee, the people are conservative and prove it.
Well yeah, we all know that's coming. We can only hope the slide backwards into the 4th century is a slow one.
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