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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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Comment #41 Removed by Moderator

To: momincombatboots

It is a bit bigger than that.

This would effect ALL private schools as well. All of those kids would be forced into public schools to be introduced into forced homosexuality, for their own good. They won’t be allowed to say “mom” or “dad” either. And the girls are to allow poor mixed up boys into their school bathrooms without complaint.

Sure some of this has to do with money. The rest has to do with the indoctrination. It is a “two fer” for them


42 posted on 03/06/2008 1:56:33 PM PST by TruthConquers (Delendae sunt publici scholae)
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To: Jack Black

CW II Ping


43 posted on 03/06/2008 1:57:35 PM PST by oblomov
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To: calex59

Above El Dorado Hills in Cameron Park/ Shingle Springs.
Amador county is nice.


44 posted on 03/06/2008 1:57:41 PM PST by Lx ((Do you like it, do you like it. Scott? I call it Mr. and Mrs. Tennerman chili.))
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To: fweingart

I am completely dumbfounded. How can people even come to such depraved minds. Whenever people mess with children and parents rights it makes my blood boil. I am blown away.


45 posted on 03/06/2008 1:58:00 PM PST by vpintheak (Like a muddied spring or a polluted well is a righteous man who gives way to the wicked. Prov. 25:26)
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To: fweingart

We can’t have kids at home missing out on all that taxpayer funded education about gay life styles or how to put a condom on a cucumber can we?


46 posted on 03/06/2008 1:58:22 PM PST by AngelesCrestHighway
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To: fweingart; All
As I mentioned in a related thread, Californians evidently don't involve themselves in their state's legislative process. This has made them vulnerable to laws that are badly worded as evidenced by the homeschooling controversy.

I have already noted that the states made the 11th A. of the federal Constitution essentially to tell the USSC to shove it for deciding against the states in Chisholm v. Georgia, 1793. So Californians can either follow in the footsteps of the states and the 11th A. and use their voting muscle to change their state's laws, some of these laws evidently badly worded, or Californians can continue sitting on their hands, allowing themselves to be voluntary slaves to their lawmakers and judges.

47 posted on 03/06/2008 1:58:33 PM PST by Amendment10
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To: Red Badger

Or blow it in place.That would be better.The place is the plague.


48 posted on 03/06/2008 1:59:12 PM PST by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: 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)

Attention all home-schoolers! Come to Arizona! We need more folks like you, and it's obvious the liberals in California hate you. You'll find lower taxes here, better standard of living, and self-deporting illegal aliens! And we also have Sheriff Joe Arpaio upholding the laws of our great nation!

So c'mon out and tell the remaining liberals in your state to stay where they are and drown like rats when their socialist state tanks!

49 posted on 03/06/2008 1:59:32 PM PST by Digital Sniper (Hello, "Undocumented Immigrant." I'm an "Undocumented Border Patrol Agent.")
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To: RightOnTheLeftCoast

“What about a non-credentialed private school teacher?”

EXCATLY!! I figure they are endangered as well. Both private schools and homeschools use the same law in California. I seem to remember in the ‘80’s that there had been an effort to make ALL teachers to get credentials, homeschool and private. It failed. I guess that they want to try again.


50 posted on 03/06/2008 2:00:00 PM PST by TruthConquers (Delendae sunt publici scholae)
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Everyone, please help protect Free Republic and cut out the threats of violence. Trust us, we know things like this piss you off, it pisses us all off. Threats of violence, however, don’t help. It only makes Free Republic targets of smears by folks like BOR.


51 posted on 03/06/2008 2:00:51 PM PST by Sidebar Moderator
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To: Marysecretary
Coming to a state near you

Wasn't it just a couple of weeks ago that the Massachusetts courts said that MA parents had no right to remove their children from school to avoid having them indoctrinated in the homosexual agenda? It seems some parents wanted to remove their kids from class during this, or have some say so as to what type of books their (kindergarten and first graders) were being subjected to.

52 posted on 03/06/2008 2:01:51 PM PST by LibertarianLiz
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Comment #53 Removed by Moderator

To: LibertarianLiz

I remember that. The parents aren’t allowed to “option out” of any sexual teaching, no matter what grade it is.

Disgusting. The indoctrination of children continues apace.


54 posted on 03/06/2008 2:05:38 PM PST by TruthConquers (Delendae sunt publici scholae)
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Comment #55 Removed by Moderator

To: TruthConquers; All
Are private schools in California still legal? I assume so. Maybe Conservatives need some sort of co-op program to pool resources to create good private schools and/or send kids to private schools.
56 posted on 03/06/2008 2:07:39 PM PST by mnehring (The question isn't who is going to let me; it's who is going to stop me. -Ayn Rand)
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To: traviskicks

ping...


57 posted on 03/06/2008 2:08:02 PM PST by bamahead (Few men desire liberty; The majority are satisfied with a just master. -- Sallust)
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To: fweingart
Hey, Claire Wolfe?

Is it time, yet?

58 posted on 03/06/2008 2:08:34 PM PST by Lazamataz (Why isn’t this in Breaking News????)
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To: fweingart

166,000 juvenile criminals and their parents- round them up!
build more prisons to hold them all!

sarc


59 posted on 03/06/2008 2:11:58 PM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: fweingart

Well, Hillary always said it “takes a village” to educate your kids and those who won’t let the village indoctrinate their children with the liberal sex, evolution and revisionist history propaganda should just be behind bars, I guess.

I worry about California and for the rest of our country.


60 posted on 03/06/2008 2:12:02 PM PST by wastedpotential (McCain says I am an agent of intolerance, he's right - I can't tolerate liberal Republicans!)
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