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.
Americans fought a war for independence, now it appears we need a revolution.
what we have now is a government of the liberals, by the liberals, and for the liberals.
Will the last sane person to leave California, please remember to lock the gate on your way out................
But educating illegal aliens in State schools at taxpayer expense is just fine..
FORCED INDOCTRINATION PING!!
Oh boy. Here’s a 500-post thread in the making.
California Court rulings are unlawful, says home schoolers.
I lived in California for a long time. It used to be a great state....used to.
I’ve always believed that when the next civil war erupts in America, California will be the state where the conflagration begins.
I’d post what I think should be done to this SOB judge but the moderators on FR tend to frown on that kind of thing.
Throw down time?
All your children are belong to us.
HOME SCHOOL ALERT!
I have had several reasons to be proud of my state recently. This is one of them. My state has been and remains very friendly to home schoolers.
Coming soon to neighboring state(s), no doubt. Sick!!
We must end the gridlock and join hands with our leftist, marxist brethern for the good of the country.
Hillary's the one! She'll fight for families, especially since she knows so much about them. Her family is about as maladjusted as the fictional Addams Family.
Don't we want someone of experience to answer the White House phone at 3:00 AM?
If Hillary is elected, the only one answering the phone at that hour will be the hillbilly, marxist rapist with someone like Babs on the other end.
Hillary, of course, is an early to bed person who prefers to pull the covers over her head, turn on her flashlight and cavort with her live-in muslim.
Listen up, Subjects!
You WILL submit your children to become wards of The State. Assimilate into the Collective willingly or the forced submission will not go well for you.
You have NO choice in this matter.
(But is seems leftists are FOR “choice” on just about every other matter.)
It’s still a great state. I live in conservative country in the foothills above Sacramento. Granted, I work downtown but it’s not bad here either. I get a big grin every Friday as I go past the war protesters at the corner of L and 15th. Bunch of ancient hippies, I can smell the patchouli from em now...
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.
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
CW II Ping
Above El Dorado Hills in Cameron Park/ Shingle Springs.
Amador county is nice.
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.
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?
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.
Or blow it in place.That would be better.The place is the plague.
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!
“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.
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