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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
Tell those parents to research other states to find out which allow home schooling. Then move ASAP. After they move, they will be able to write letters to local school board officials complaining of the ruling.

Califoricated does not have a sense of humor. The state will try and collect income taxes and property taxes and motor vehicle fees plus penalties even after people move away. They are notorious for charging taxes and fees illegally.

Even retired people who move away to greener pastures will be getting BS letters from California: Claiming money is owed for wages earned years before.

NB: If you live in the Golden State, you better move away before you collect a penny of your retirement. Otherwise, you will be fighting for years over tax issues.

81 posted on 03/06/2008 2:26:29 PM PST by ex-Texan (Matthew 7: 1 - 6)
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To: mnehrling

I’ve gotten through to Rush twice and Hannity once about these homosexuality issues. Rush’s called screener was down right rude. Hannity’s call screener told me that he doesn’t want to talk about it because there is an election going on. Riiiight, F’ em.


82 posted on 03/06/2008 2:26:31 PM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: Fox_Mulder77
Old man Croskey says a scam is being run by christian schools to let uneducated christian parents lock their kids up in the house all day teaching them anti-gay christian values.

This guy needs his house surrounded with home schooled children studying advanced calculus.

83 posted on 03/06/2008 2:26:58 PM PST by Carry_Okie (We have three options with Islam: victory, surrender, or death.)
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To: Sidebar Moderator

BTTT


84 posted on 03/06/2008 2:27:40 PM PST by indcons (FReepmail "indcons" to get on the Barack <<redacted>> Obama ping list)
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To: fweingart
Americans fought a war for independence, now it appears we need a revolution. over a LOT less than this.
85 posted on 03/06/2008 2:27:43 PM PST by omega4179 (b.Hussein)
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To: metmom

Ping!


86 posted on 03/06/2008 2:28:17 PM PST by indcons (FReepmail "indcons" to get on the Barack <<redacted>> Obama ping list)
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To: fweingart
I just asked to be withdrawn from consideration for a good position I applied for in California, and I let them know why. My wife and I plan to home-school our children K-12 unless we can find an acceptable private school that we can afford. The housing prices in the particular area are still insane anyway.

The only problem is that these bastards eventually move out of the states they destroy with their socialist stupidity (see Taxxxachusetts exodus) and then promptly attempt to "bring utopia" to the next state by not changing their voting habits. Worse than the plague.

87 posted on 03/06/2008 2:28:29 PM PST by M203M4 (True Universal Suffrage: Pets of dead illegal-immigrant felons voting Democrat (twice))
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To: mnehrling
One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. - Ayn Rand

Thanks.

88 posted on 03/06/2008 2:28:39 PM PST by Jacquerie (McCain will offer battle to Islam - The Obamabeast will offer our heads.)
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To: stevio
I've gotten through to Rush a couple of times, very friendly chats. James and HR have always been polite. Maybe it was the ‘Freeper Dittos’ :-> I know James came off as rude sometimes just because he was so rushed. He literally juggles about a thousand calls an hour that get through and has to filter those to the dozen or so that get on the air.
89 posted on 03/06/2008 2:29:02 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: M203M4
Google was trying to recruit me last summer and I turned it down because they wouldn't let me telecommute from Texas. There is no way I am moving to the bay area (Mountain View).
90 posted on 03/06/2008 2:30:49 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: Carry_Okie

“This guy needs his house surrounded with home schooled children studying advanced calculus.”

Old man Croskey thinks calculus is good, but what good is it if the student isn’t conditioned properly to be able to use the calculus in a way to advance the values of the future society.


91 posted on 03/06/2008 2:30:50 PM PST by Fox_Mulder77
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To: mnehrling

Don’t you ask yourself why these issues never come up on either show? Free speech, they’re both tools of the liberal left.


92 posted on 03/06/2008 2:31:01 PM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: RightOnTheLeftCoast

<””...be taught by a non-credentialed parent...”

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

I teach at an ACCREDITED private Christian school.

Few of our teachers are certified.

But, we have engineers teaching math, and people with advanced degrees in their field teaching many subject.

(IMAGINE! Somebody with an advanced degree IN THEIR FIELD rather than IN “EDUCRATION” teaching-——the public schools would faint.)


93 posted on 03/06/2008 2:31:46 PM PST by Mrs.Z ("...you're a Democrat. You're expected to complain and offer no solutions." Denny Crane)
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To: mnehrling

I understand it is snowing in Dallas at this time.


94 posted on 03/06/2008 2:32:03 PM PST by mad_as_he$$ (John McCain - The Manchurian Candidate? http://www.usvetdsp.com/manchuan.htm)
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To: stevio

More like mass popularity. They try to appeal to the largest audience, and frankly, this just doesn’t often get any media attention. Especially because I’m in the education business I would like to hear more about what is going on, but I am not going to tell Rush how to run his show any more than I want him to tell me how to do my job.


95 posted on 03/06/2008 2:32:29 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: mnehrling

That certainly sounds like a good idea. The growth of online schools is really a boon to those who need access to options.

As others have been stating on these threads, the threat is coming to all homeschoolers across this nation if the dems get in. I have not heard if McPain has a position on homeschooling. I remember Bush was going to do something for homeschoolers in one of his campaigns. That, too, was left undone.


96 posted on 03/06/2008 2:33:36 PM PST by TruthConquers (Delendae sunt publici scholae)
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To: fweingart

Or perhaps Californians can vote with their feet. There are many wonderful states in the US. I live in the southern part of AL. We are booming here, the cost of living is not too bad yet and the government is not too intrusive.

I would bet a similar thing might be true of parts or all of MS, GA, NH, Me, AK, OR, etc.


97 posted on 03/06/2008 2:33:38 PM PST by JLS
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To: M203M4

They are bringing socialism to NH right now. Thats why I came back to MA. Same *holes shorter drive.


98 posted on 03/06/2008 2:33:51 PM PST by omega4179 (b.Hussein)
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To: mad_as_he$$
I understand it is snowing in Dallas at this time.Heading my way, I am just east of Dallas. I guess I should take the computer home tonight, just in case..
99 posted on 03/06/2008 2:33:57 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: fweingart
Resistance is Feudal!

Photobucket

100 posted on 03/06/2008 2:34:46 PM PST by rfp1234 (Phodopus campbelli: household ruler since July 2007.)
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