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Parents of 166,000 students could face criminal charges
WorldNetDaily.com ^ | March 05, 2008 | Bob Unruh

Posted on 03/06/2008 3:27:24 AM PST by Man50D

A breathtaking" ruling from a California appeals court that could subject the parents of 166,000 students in the state to criminal sanctions will be taken to the state Supreme Court.

The announcement comes today from the Pacific Justice Institute, whose president, Brad Dacus, described the impact of the decision as "stunning."

"The scope of this decision by the appellate court is breathtaking," he said. "It not only attacks traditional homeschooling, but also calls into question homeschooling through charter schools and teaching children at home via independent study through public and private school."

"If not reversed, the parents of the more than 166,000 students currently receiving an education at home will be subject to criminal sanctions," he said.

WND broke the story of the ruling that came in a case involving the family of Phillip and Mary Long of Los Angeles.

The decision from the 2nd Appellate Court in Los Angeles granted a special petition brought by lawyers appointed to represent the two youngest children after the family's homeschooling was brought to the attention of child advocates. The lawyers appointed by the state were unhappy with a lower court's ruling that allowed the family to continue homeschooling, and specifically challenged that on appeal.

Justice H. Walt Croskey, whose opinion was joined by two other judges, then ordered: "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 determination reversed a decision from Superior Court Judge Stephen Marpet, who ruled "parents have a constitutional right to school their children in their own home."

(Excerpt) Read more at worldnetdaily.com ...


TOPICS: News/Current Events; US: California
KEYWORDS: cwii; homeschool
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1 posted on 03/06/2008 3:27:25 AM PST by Man50D
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Comment #2 Removed by Moderator

To: Man50D

Coming from the Peoples Republic of California, I am NOT surprised.

When will the Californian’s rise up and take their state back from the fascists ?


3 posted on 03/06/2008 3:29:51 AM PST by fifthvirginia (keeping their memory green)
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To: Man50D

Like other socialist and communist states your children belong to the state and they will be brought up brainwashed as the state sees fit.
You go there Calif, just like nazi Germany, Maos China, Fidels Cuba etc.


4 posted on 03/06/2008 3:31:52 AM PST by Joe Boucher (An enemy of Islam)
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To: Man50D

My wife told me that HSLDA has advised their Cali members to ignore the ruling. Hear me now, believe me later - the fool that issued this ruling will live to regret it.

The right to homeschool has been recognized and secured (NOT GRANTED) by SCOTUS.


5 posted on 03/06/2008 3:36:01 AM PST by don-o (My son, Ben, reports to Parris Island on June 30.)
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To: B-25 Bomber
CWII is just around the corner.

No it's not. We're going to sleep like a bunch of lambs.

6 posted on 03/06/2008 3:36:56 AM PST by thecabal
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To: fifthvirginia

Quite likely the S. Ct. would take that case, IMO.


7 posted on 03/06/2008 3:37:12 AM PST by TheLawyerFormerlyKnownAsAl
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To: Man50D

I can’t even imagine that the State of California has the resources to go after 100,000 people when they can’t even seem to find one illegal. If they pass this, most homeschoolers will just go into hiding and California will never find them.


8 posted on 03/06/2008 3:38:05 AM PST by napscoordinator
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To: Man50D

This is probably the beginning of a national government and elite backlash.If it is not beaten back in California expect it to spread rapidly to much of the rest of the country with the Washington adding requirements to end homeschooling as a condition for participation in the School Lunch Program if we get a Democrat administration. Has McCain said anything about homeschooling?


9 posted on 03/06/2008 3:38:08 AM PST by arthurus
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To: Man50D

Mr. Atlas Please pick up the White Courtesy Phone...

Its time to “Shrug”


10 posted on 03/06/2008 3:41:47 AM PST by Mad Dawgg ("`Eddies,' said Ford, `in the space-time continuum.' `Ah,' nodded Arthur, `is he? Is he?'")
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To: thecabal
This lamb has his alarm clock set, and the backup is set also.


ΜΟΛΩΝ ΛΑΒE

11 posted on 03/06/2008 3:42:33 AM PST by G.Mason (And what is intelligence if not the craft of out-thinking our adversaries?)
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Comment #12 Removed by Moderator

To: B-25 Bomber

I have poasted this on other homeschool threads........what the HELL happened to the Hatch Amendment ???? Have they overthrown it????


13 posted on 03/06/2008 3:43:31 AM PST by mommadooo3 (Old concept in justice. If the law won't take care of it, it's just us.)
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To: Mad Dawgg

indeed


14 posted on 03/06/2008 3:43:55 AM PST by G.Mason (And what is intelligence if not the craft of out-thinking our adversaries?)
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To: B-25 Bomber

Kali’s been wanting to bill more $chools co$ting million$ of dollar$ and a few more prison$. Thankee judge$, go to it.


15 posted on 03/06/2008 3:45:29 AM PST by Waco
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To: Joe Boucher
You go there Calif, just like nazi Germany, Maos China, Fidels Cuba etc.

It's modern-day Germany, my FRiend, modern day. The Germans are already ripping children from the arms of their homeschooling parents and throwing them in mental asylums (the children, not the parents...the parents get thrown in jail if they refuse to stop homeschooling). The "rationale" is that the government doesn't want any of their citizens growing up with a different worldview than that of their peers (read: state-sanctioned view).

16 posted on 03/06/2008 3:47:08 AM PST by shezza (WWRD?)
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Comment #17 Removed by Moderator

To: thecabal

Speak for yourself.


18 posted on 03/06/2008 3:49:39 AM PST by july4thfreedomfoundation (Change.....that's what we will have left in our pockets if a Democrat gets elected president!)
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Comment #19 Removed by Moderator

To: arthurus

This is probably the beginning of a national government and elite backlash.If it is not beaten back in California expect it to spread rapidly to much of the rest of the country with the Washington adding requirements to end homeschooling as a condition for participation in the School Lunch Program if we get a Democrat administration. Has McCain said anything about homeschooling?

= =

I think you’re quite right.


20 posted on 03/06/2008 3:51:36 AM PST by Quix (GOD ALONE IS GOD; WORTHY; PAID THE PRICE; IS COMING AGAIN; KNOWS ALL; IS LOVING; IS ALTOGETHER GOOD)
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To: don-o
...the fool that issued this ruling will live to regret it.

There are many judges that need a few rounds of 'base ball bat' therapy.

21 posted on 03/06/2008 3:55:12 AM PST by ScratInTheHat (Don't like my immigration stance? I'm dyslexic. PC keeps sounding like BS to me!)
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To: TheLawyerFormerlyKnownAsAl

They decided the question in the last century.


22 posted on 03/06/2008 3:55:43 AM PST by cinives (On some planets what I do is considered normal.)
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To: shezza

I am aware of this happening in current day Germany.
It is near time for many of these govts. to fall.


23 posted on 03/06/2008 4:00:49 AM PST by Joe Boucher (An enemy of Islam)
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To: Man50D

That is one reason why the state is known as ‘Californicated.’ Those parents better get on their horses and ride. Head for the hills. ‘Adios, Amigos! . . ‘


24 posted on 03/06/2008 4:04:20 AM PST by ex-Texan (Matthew 7: 1 - 6)
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To: B-25 Bomber
CWII is just around the corner.

I told my wife years ago that the next civil war will not be between North and South but rather East and West.

Unfortunately, it appears that I may be right.

25 posted on 03/06/2008 4:05:13 AM PST by A2J (Love Jesus...hate "church.")
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To: B-25 Bomber
During the American Revolution it only took about 10% of the p*ssed off population to facilitate the rejection of King George's occupation, over-taxation, and outright oppression.

Wow, you sound like a Palestinian in a Historical Revisionism contest.

The Colonists paid a far lower rate of taxes than English people in England at the same time. And as for "occupation" - the Colonies were English territory. How could evil King George "occupy" them?

26 posted on 03/06/2008 4:06:33 AM PST by agere_contra
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To: Man50D

Nowhere is the threat of Totalitarian Socialism more frightening than in California. The “progress” toward a World Ruler is proceeding apace. God help us if a Democrat becomes President of the United States.


27 posted on 03/06/2008 4:12:07 AM PST by RoadTest ( "Suppose ye that I am come to give peace on earth? I tell you, Nay; but rather division:" - L 12:51)
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Comment #28 Removed by Moderator

Comment #29 Removed by Moderator

To: TheLawyerFormerlyKnownAsAl
"Quite likely the S. Ct. would take that case, IMO."

Does the U.S. S. Ct. decision on the case behind the following link apply? It also mentioned "the doctrine of Meyer v. Nebraska."

"PIERCE v. SOCIETY OF THE SISTERS..."
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=268&invol=510
30 posted on 03/06/2008 4:33:26 AM PST by familyop (cbt. engr. (cbt), '89-'96, Duncan Hunter or no-vote)
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To: TheLawyerFormerlyKnownAsAl
See "the liberty of parents and guardians to direct the upbringing and education of children [268 U.S. 510, 535]" (FindLaw) and more behind the link.
31 posted on 03/06/2008 4:38:22 AM PST by familyop (cbt. engr. (cbt), '89-'96, Duncan Hunter or no-vote)
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To: B-25 Bomber
During the American Revolution it only took about 10% of the p*ssed off population to facilitate the rejection of King George's occupation, over-taxation, and outright oppression.

That is why I saw Texas will be the last to fall, and the smart 1/4% of Californians are here or working their way here. :o) And the REALLY, REALLY, REALLY smart ones sold their house 2 years ago in CA.

32 posted on 03/06/2008 4:39:15 AM PST by IllumiNaughtyByNature (Senator McCain, what did GWB promise you back in 2000? And you believed him? BWAHAAAAA!)
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To: napscoordinator
I can't even imagine that the State of California has the resources to go after 100,000 people when they can't even seem to find one illegal. If they pass this, most homeschoolers will just go into hiding and California will never find them.

The State does not crack down on illegal aliens because most of those people are illiterate or semi-literate in their native language and they will just vote for anyone who promises them the most welfare benefits. Many of these people like their serfdom - they just want to be the serfs of a wealthy master. No threat to a socialist state there. Homeschooled children, on the other hand, are likely to be well-educated folks who will grow up to be independent thinkers who will lead self-sufficient lives. Any socialist state will try to eliminate subversive elements like that.

33 posted on 03/06/2008 5:02:33 AM PST by Wilhelm Tell (True or False? This is not a tag line.)
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To: Man50D

bttt


34 posted on 03/06/2008 5:13:44 AM PST by Guenevere (If you do not stand firm in your faith, you will not stand at all.)
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To: Man50D

I can’ wait to see how Califonia deals with this idiot judge!


35 posted on 03/06/2008 5:14:56 AM PST by G Larry (HILLARY CARE = DYING IN LINE!)
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To: Man50D
or an order to complete a parent education and counseling program."

Communist re-education camps are already here. My GrandDaughter is in a Charter School(home schooled)which is sanctioned by the state. How the he** can someone be held liable for something that was legal when they started doing it? This question applies to all the homeschoolers in CA at this time, homeschooling was legal when they started doing it, sanctioned by the state and approved by the state.

Also, how can parents be sent to "education and counseling programs"? No tyranny here folks, nothing to see, move on. This Judge will be reversed but it shows how willing the left is to legislate from the bench.

36 posted on 03/06/2008 5:33:24 AM PST by calex59
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To: Man50D
Feburary post:

California Exodus Turns To Stampede

37 posted on 03/06/2008 5:41:37 AM PST by blam (Secure the border and enforce the law)
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To: Man50D

It sounds frightening. What will they do, round up all the parents for penalization and reeducation? Then where do the children go in the meantime? Lots of states will be watching this case, as will the teachers’ unions. Homeschooling is a poke in the eye to the social concoction they have been brewing for the past several decades.


38 posted on 03/06/2008 5:46:00 AM PST by AD from SpringBay (We deserve the government we allow.)
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To: B-25 Bomber

The solution is simple.....move. Once out of state the ruling is unenforcable.

California doesn’t want good people. Why stay?


39 posted on 03/06/2008 5:46:20 AM PST by bert (K.E. N.P. +12 . Never say never (there'll be a VP you'll like))
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To: A2J

>>CWII is just around the corner.
I told my wife years ago that the next civil war will not be between North and South but rather East and West.

Unfortunately, it appears that I may be right.

Actually, it will be Left vs. Right.

“Cry havoc, and let slip the dogs of war.” Shakespeare


40 posted on 03/06/2008 5:47:50 AM PST by NTHockey (Rules of engagement #1 - Take no prisoners))
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To: B-25 Bomber
Well then, I guess that bush is pulling the crap that klintoon WANTED to.

WHY did no one notice?

41 posted on 03/06/2008 5:57:00 AM PST by mommadooo3 (Old concept in justice. If the law won't take care of it, it's just us.)
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Comment #42 Removed by Moderator

To: Sparkles

PING


43 posted on 03/06/2008 5:59:32 AM PST by tazman3
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To: don-o

I’m thinking I’d like to know more about the actual facts of the case and what the court actually ruled *on those facts.*

Regardless of the form of school, children can still become truant. IOW, a child who is homeschooled still has to be schooled in some way, regardless that the schedule can be quite flexible and there is no requirement for a particular number of hours spent on schooling, etc.

For example, I know several homeschool children on the “university model”-—they have three days of classes a week and then do independent study (the equivalent of homework) whenever they like by the end of the week. If they happen to be at a mall, for example, during “public school hours,” they are with a parent, not hanging out there alone.

If this were a case where it was clear that the children were not “attending” any kind of school, including a homeschool, and perhaps were consistently found in public places without adult supervision during “public school hours,” and someone reported them truant or neglected, it would be unlikely that any ruling, even if upheld on appeal, would extend beyond those kind of facts.


44 posted on 03/06/2008 6:00:07 AM PST by fightinJAG (Rush was right when he used to say: "You NEVER win by losing.")
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Comment #45 Removed by Moderator

To: B-25 Bomber
CWII is just around the corner.

People have predicted CWII for at least fifty years.

There were a heck of a lot more people ready and able to shoot when Eisenhower sent troops WITH FIXED BAYONETS into Alabama than there are now.

It should happen, but until it does happen I will not make any bets.

Best regards,

46 posted on 03/06/2008 6:05:46 AM PST by Copernicus (Mary Carpenter Speaks About Gun Control http://www.youtube.com/view_play_list?p=7CCB40F421ED4819)
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To: kalee

don’t ping me, I already see it.


47 posted on 03/06/2008 6:08:17 AM PST by Cailleach
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To: calex59

“Communist re-education camps”

A CA state legislator has introduced a bill protecting teachers who wish to “inculcate” their students in the virtues of communism and the overthrow of the US government to implement it. I am NOT pulling your leg.

Wasn’t too long ago that they passed a law about not using “father” & “mother”, “husband” & “wife” because it would be exclusionary to gay “families”.


48 posted on 03/06/2008 6:13:19 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: Man50D
IS this about homeschooling?, or about generating more revenue for the state
by means of money per childs head collected?

It must be the latter. California is drunk with greed.

49 posted on 03/06/2008 6:14:05 AM PST by MaxMax (I need a life after politics)
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To: napscoordinator
I can’t even imagine that the State of California has the resources to go after 100,000 people when they can’t even seem to find one illegal. If they pass this, most homeschoolers will just go into hiding and California will never find them.

The school system would. 10 years ago each of those children represented $7,000 to the school system. I wonder what they are worth today, especially in a California school system.

Every time this has been tried by a state before, they have lost. HSLDA is right.

50 posted on 03/06/2008 6:14:50 AM PST by Lady Heron
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