Posted on 03/26/2008 6:36:24 PM PDT by SmithL
A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide.
The Second District Court of Appeal in Los Angeles granted a rehearing Tuesday at the request of a couple who have taught their eight children at home without credentials.
It is not unusual for appeals courts to reconsider decisions, and the result is often a minor revision that leaves the original conclusion unchanged. But the three-judge panel in the homeschooling case hinted at a re-evaluation of its entire Feb. 28 ruling by inviting written arguments from state and local education officials and teachers' unions.
It said it will hold a new hearing in June.
"Another look at this case will help ensure that the fundamental rights of parents are fully protected," said attorney Gary Kreep of the U.S. Justice Foundation, which represents Sunland Christian School.
The school, a private religious academy in Sylmar (Los Angeles County), considers the children of the couple involved in the homeschooling case to be part of its independent study program and visits them about four times a year.
Last month's ruling, if upheld, could put many parents at risk of prosecution for violating the state's compulsory-education law. Homeschooling advocates say 166,000 children in California are taught by at home, most of them by parents who lack teaching credentials.
The law has been largely unenforced for many years, however. State schools Superintendent Jack O'Connell responded to the ruling by saying he favors parental choice in education. Since taking office in 2003, O'Connell has left enforcement up to local school districts and has suggested that parents could comply with the law by creating private schools in their homes.
(Excerpt) Read more at sfgate.com ...
Ping!
I wonder if the Govenator had a talk with those judges.
Here’s the latest.
Home schoolers are a courageous lot who fight for their rights, not the dumb sheeple that most Americans have become. They also have the backing of the churches to which they belong, and that multiplies their clout.
It is a salient lesson that even courts respect people who demand respect instead of rolling over for another kick in the face.
ping
“Since taking office in 2003, O’Connell has left enforcement up to local school districts and has suggested that parents could comply with the law by creating private schools in their homes.”
I wonder how much that will cost the parents. They will get to pay taxes to educate other children and pay again to create private schools in their homes.
“...inviting written arguments from state and local education officials and teachers’ unions.”
One would think the judges would want to hear from home schoolers and their advocates as well.
BeckB: Amazingly, filing a private school avidavit costs nothing.
Another update.
But the three-judge panel in the homeschooling case hinted at a re-evaluation of its entire Feb. 28 ruling by inviting written arguments from state and local education officials and teachers’ unions...
In other words, “We’ll change the ruling if the teachers’ union gives us permission!”
Our family goes to a great church that we wouldn’t dream of leaving. If not for that, we would be out of California - yesterday!
Since this is what we (they) have done already, it won’t cost a penny more.
======================================================================
From the HSLDA E-lert Service...
======================================================================
Court of Appeal Grants Petition for Re-hearing
On March 25, the California Court of Appeal granted a motion for
rehearing in the 'In re Rachel L.' case--the controversial decision
which purported to ban all homeschooling in that state unless the
parents held a teaching license qualifying them to teach in public
schools.
The automatic effect of granting this motion is that the prior opinion
is vacated and is no longer binding on any one, including the parties
in the case.
The Court of Appeal has solicited a number of public school
establishment organizations to submit amicus briefs including the
California Superintendent of Public Instruction, California Department
of Education, the Los Angeles Unified School District, and three
California teacher unions. The court also granted permission to
Sunland Christian School to file an amicus brief. The order also
indicates that it will consider amicus applications from other groups.
Home School Legal Defense Association will seek permission to file
such an amicus brief and will coordinate efforts with a number of
organizations interesting in filing briefs to support the right of
parents to homeschool their children in California.
"This is a great first step," said Michael Farris, chairman of HSLDA.
"We are very glad that this case will be reheard and that this opinion
has been vacated, but there is no guarantee as to what the ultimate
outcome will be. This case remains our top priority," he added.
Here is an update from HSLDA email alert on a possible amicus brief:
Court of Appeal Grants Petition for Re-hearing
On March 25, the California Court of Appeal granted a motion for
rehearing in the ‘In re Rachel L.’ case—the controversial decision
which purported to ban all homeschooling in that state unless the
parents held a teaching license qualifying them to teach in public
schools.
The automatic effect of granting this motion is that the prior opinion
is vacated and is no longer binding on any one, including the parties
in the case.
The Court of Appeal has solicited a number of public school
establishment organizations to submit amicus briefs including the
California Superintendent of Public Instruction, California Department
of Education, the Los Angeles Unified School District, and three
California teacher unions. The court also granted permission to
Sunland Christian School to file an amicus brief. The order also
indicates that it will consider amicus applications from other groups.
Home School Legal Defense Association will seek permission to file
such an amicus brief and will coordinate efforts with a number of
organizations interesting in filing briefs to support the right of
parents to homeschool their children in California.
“This is a great first step,” said Michael Farris, chairman of HSLDA.
“We are very glad that this case will be reheard and that this opinion
has been vacated, but there is no guarantee as to what the ultimate
outcome will be. This case remains our top priority,” he added.
You beat me to it!! Great!
“If I had a business that half the product we turned out was defective or you couldn’t put into the marketplace, I would shut that business down.”
Guess who.
Looks like the judges realize this issue was not going to slip under the radar.
Yep. We’re not to be trifled with.
He was just another arrogant leftist judge that wanted to impose his leftist viewpoint on the “little people”.
The left made a big mistake when they didn’t attack sooner and get homeschooling outlawed before the HSLDA was organized.
Since no “liberal” ideas can withstand the existance of any competing ideas, homeschooling is a HUGE deterrent to them getting their way and indoctrinating all the children.
costs very little. Filing a paper.
Taken from the point of view of socialist strategy, this makes sense. The idea is to constantly move towards state control over_______ (fill in the blank). The socialists are constantly pushing here, prodding there, on the realization that they’ll be called out of bounds periodically and have to backpedal. A bit. And that’s what is likely to happen here.
The court, after being on the receiving end of the hue and cry, will mitigate it’s ruling somewhat. Perhaps to say that no-no, you can operate a homeschool in California but the government needs to put a fairly onerous regulatory burden on that ability. And that’s what they’ll attempt to do. Until the next time they want to take a poke at the issue.
The socialists have always been patient and frankly are better at playing incremental politics.
to my dismay, i have not found this to be the case... i know lots of churches are very supportive of homeschoolers... however, many churches think you ought to just put your kids in school... i've had this discussion with many homeschoolers...
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
“The socialists have always been patient and frankly are better at playing incremental politics.”
That is only because any compromise is a victory for the socialists. This dang “era of compromise” is nothing but socialism creep.
This was our experience in our last church. They were definitely not in favor of homeschooling. We even had some members make snide comments to our children about homeschooling. Many were condescending to us. Mostly, we just liked it when they were indifferent...at least we got left alone to do our business. If they were “interested”, then we had lectures on “socialization” (which was quite a joke if you looked at the youth group and how they were “socialized”). It was a wonder we stayed as long as we did. We didn’t leave based on “homeschool” issues.
Our new church is a direct contrast. It has its own homeschool group. While we do have churchmembers who are teachers in the “public” school system, they are supportive of the homeschoolers. They do their own field trips and P.E., and other activities. We were already done homeschooling by the time we found our new church home, but it was so refreshing to see such a change of attitude towards homeschoolers.
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