Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 301-314 next last
To: fweingart

Orwell returns.


21 posted on 03/06/2008 1:41:56 PM PST by YHAOS
[ Post Reply | Private Reply | To 1 | View Replies]

To: subterfuge
Wait till the muslims take over!

All traditional judges will be missed. They'll be replaced by raggedy-headed mullahs.

22 posted on 03/06/2008 1:42:00 PM PST by fweingart (Obama-Clinton (A ticket that will change our lives forever!))
[ Post Reply | Private Reply | To 18 | View Replies]

To: fweingart
Outrageous.
23 posted on 03/06/2008 1:42:13 PM PST by BenLurkin
[ Post Reply | Private Reply | To 1 | View Replies]

To: WVNan

all i can say is america is worth saving, whatever it takes


24 posted on 03/06/2008 1:43:23 PM PST by kingattax (99 % of liberals give the rest a bad name)
[ Post Reply | Private Reply | To 11 | View Replies]

To: fweingart
"...be taught by a non-credentialed parent..."

What about a non-credentialed private school teacher?

The judge has opened Pandora's Box. Chaos...
25 posted on 03/06/2008 1:43:25 PM PST by RightOnTheLeftCoast ([Fred Thompson/Clarence Thomas 2008!])
[ Post Reply | Private Reply | To 1 | View Replies]

To: fweingart

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.


26 posted on 03/06/2008 1:43:49 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fweingart

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!


27 posted on 03/06/2008 1:44:26 PM PST by princess leah
[ Post Reply | Private Reply | To 19 | View Replies]

Comment #28 Removed by Moderator

To: Wil H
But educating illegal aliens in State schools at taxpayer expense is just fine.. - Good point, we should keep them uneducated.
29 posted on 03/06/2008 1:46:05 PM PST by SF Republican (Conservatives wanted all or nothing, and they got it.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: fweingart
We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission- Ayn Rand
30 posted on 03/06/2008 1:46:39 PM PST by mnehring (The question isn't who is going to let me; it's who is going to stop me. -Ayn Rand)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

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.


31 posted on 03/06/2008 1:46:43 PM PST by momincombatboots (World changing power in the blood)
[ Post Reply | Private Reply | To 23 | View Replies]

To: holdonnow

FYI!


32 posted on 03/06/2008 1:47:45 PM PST by CedarDave (John, When will you treat conservatives the way you do fellow senators John, Hillary and Barack?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fweingart

Coming to a state near you.


33 posted on 03/06/2008 1:47:49 PM PST by Marysecretary (GOD IS STILL IN CONTROL.)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #34 Removed by Moderator

To: Attention Surplus Disorder
Here’s a 500-post thread in the making.

There are already at least two others on the same subject.

California Court Rules Homeschooling Illegal ^

California Court Rules Homeschooling Illegal ^

35 posted on 03/06/2008 1:49:59 PM PST by Fundamentally Fair (Experience Change!)
[ Post Reply | Private Reply | To 6 | View Replies]

Comment #36 Removed by Moderator

To: Wil H

“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.


37 posted on 03/06/2008 1:50:13 PM PST by rodeo-mamma
[ Post Reply | Private Reply | To 4 | View Replies]

To: Lx
It’s still a great state. I live in conservative country in the foothills above Sacramento.

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.

38 posted on 03/06/2008 1:50:21 PM PST by calex59
[ Post Reply | Private Reply | To 20 | View Replies]

To: fweingart
Wait till the muslims take over! All traditional judges will be missed. They'll be replaced by raggedy-headed mullahs.

Well yeah, we all know that's coming. We can only hope the slide backwards into the 4th century is a slow one.

39 posted on 03/06/2008 1:52:55 PM PST by subterfuge (Obama will NOT get the nomination.)
[ Post Reply | Private Reply | To 22 | View Replies]

Comment #40 Removed by Moderator


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 301-314 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson