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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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To: B-25 Bomber

Anyone who cares about their kids and hasn’t left the facist Republic of California already, really needs their heads examined.


51 posted on 03/06/2008 6:20:38 AM PST by HamiltonJay
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To: Man50D; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of interest.

52 posted on 03/06/2008 6:22:08 AM PST by narses (...the spirit of Trent is abroad once more.)
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To: thecabal

Unfortunately, I think you’re correct.


53 posted on 03/06/2008 6:22:12 AM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: fifthvirginia
Coming from the Peoples Republic of California, I am NOT surprised

Yeah, isn't it great we threw Gray Davis out for a REPUBLICAN governor, with all his great REPUBLICAN values like limited government, lower taxes etc etc etc.
54 posted on 03/06/2008 6:26:00 AM PST by hedgetrimmer (I'm a billionaire! Thanks WTO and the "free trade" system!--Hu Jintao top 10 worst dictators)
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To: Lady Heron; napscoordinator

The school system would. 10 years ago each of those children represented $7,000 to the school system.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Napscooerdinator,

In Maryland, the government school workers ask the government institutionalized children if there are any children in their neighborhood who are not attending the government indoctrination camp. The captive government children then give the names of the families who are using private or home schools.

Simple! Government institutionalized children are the government’s “informers”!


55 posted on 03/06/2008 6:35:55 AM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: hedgetrimmer; fifthvirginia
Yeah, isn't it great we threw Gray Davis out for a REPUBLICAN governor, with all his great REPUBLICAN values like limited government, lower taxes etc etc etc.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I believe the reason the right wing talk show hosts are silent about the California school issues ( Rush and Sean in particular) is that they shilled and pushed for Schwarzenegger to be elected.

56 posted on 03/06/2008 6:48:42 AM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: Man50D
This decision requires all 166,000 CA homeschoolers and any sympathetic folks to go into 100% freak out mode until the decision is reversed. The black-robed tyrants need to know that they're not going to get away with this.

This includes protests, civil disobedience, and flat out refusing to obey this unjust law made by an unelected official.
57 posted on 03/06/2008 6:49:26 AM PST by Antoninus (Tell us how you came to Barack?)
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To: napscoordinator

It’s not that they can’t find the illegals, it’s that they DON’T WANT TO FIND THEM. They can find homeschoolers because the government views them as the enemy.


58 posted on 03/06/2008 6:57:03 AM PST by Republic of Texas (Socialism Always Fails)
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To: B-25 Bomber

I am SOOOO ashamed and dirty feeling. I voted BOTH times for this PUKETUS.(POTUS)


59 posted on 03/06/2008 6:58:14 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: MaxMax
IS this about homeschooling?, or about generating more revenue for the state by means of money per childs head collected?

It's one of many methods used by socialists to replace our Democratic Republic with Socialism.
60 posted on 03/06/2008 6:59:22 AM PST by Man50D (Fair Tax, you earn it, you keep it!)
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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.

Rush said as much about 6 months ago, and he also said it would happen at blinding speed.

61 posted on 03/06/2008 7:13:16 AM PST by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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Comment #62 Removed by Moderator

To: Man50D
"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 first reeducation camps coming in Kalifornia....

63 posted on 03/06/2008 7:19:20 AM PST by cbkaty (I may not always post...but I am always here......)
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To: wintertime

There aren’t any ‘right wing’ talk show hosts in California anymore.

No one who has a conservative viewpoint can get on the air anymore, the consolidation of local markets into the mega media corporations has stilled the voices of independence and conservative thought, because they don’t fit in with the ‘mission’ and ‘vision’ of the global corporations that now own our media.


64 posted on 03/06/2008 7:22:31 AM PST by hedgetrimmer (I'm a billionaire! Thanks WTO and the "free trade" system!--Hu Jintao top 10 worst dictators)
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To: hedgetrimmer

We’re talking about the national hosts. Rush and Hannity are the two I listen to, they never talk about this stuff. I’m surprised about Hannity, he’s got small kids. But he has them shipped away from peasants I’m sure.


65 posted on 03/06/2008 7:28:14 AM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: Antoninus
Dear Antoninus,

I'm not sure that all the relevant facts of this case have come to light yet. It's possible that when they do, it may be less of a kerfuffle than appears currently.

Or not.


sitetest

66 posted on 03/06/2008 7:30:13 AM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: hedgetrimmer

Roger Hedgecock is on in San Diego and is conservative enough to fill in for RUSH.


67 posted on 03/06/2008 7:41:57 AM PST by ThomasThomas ( Sometimes you need to change to remain the same.)
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To: fightinJAG
If this were a case where it was clear that the children were not “attending” any kind of school,

If I told you that I think mandatory school attendance is an overall negative, what would you say to that?

68 posted on 03/06/2008 10:37:30 AM PST by don-o (My son, Ben, reports to Parris Island on June 30.)
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To: wintertime
We have to teach our kids --- all our kids ---- to refuse and resist.

ΜΟΛΩΝ ΛΑΒE

69 posted on 03/06/2008 11:06:04 AM PST by Mrs. Don-o (ΜΟΛΩΝ ΛΑΒE)
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To: ScratInTheHat
...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.

...that is also know as "Street Justice" kinda the opposite of "Jury Nullification" In this case both come to mind.

70 posted on 03/06/2008 11:10:59 AM PST by rolling_stone (same)
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To: don-o

I’d agree with you.

However, right now it is the law and even “homeschooling” families must actually be homeschooling their children, no matter how they design the school week/curriculum.

My point is that I think it’s probably a stretch to find that this case has any impact on actual homeschoolers. And it’s certainly hyperbole to see this as part of a coming apocalypse, “civil war,” etc.

Again, I don’t know anything about the facts of this particular case. However, if for example children in a family are consistently seen out and about without adult supervision in situations where that is appropriate (youngsters at the mall alone, etc.), of course someone eventually will call Social Services and, in that situation,-—

(1) claiming that one “homeschools” the children, and especially -—

(2) not being able to demonstrate that with either a copy of one’s Letter of Intent to Homeschool (or whatever the county requires legally) and some sort of evidence the children are being educated-—

is not a defense.

IOW, people actually homeschooling their children really don’t have to worry about criminal sanctions for not schooling their children.

I’ve never encountered it in many years of homeschooling, but I don’t doubt there are situations where kids are basically left unsupervised and unschooled (provided no education by anyone), yet when someone turns them in as in any other complaint to Social Services, the parent(s) claims the children are “homeschooled.”

I do know a couple of homeschool families where the kids have a very, very unstructured situation, and neighbors started wondering what’s going on with them and became concerned. The parents had never complied with the rules for notifying the school board that they were homeschooling, so they had no paperwork in their defense (had it come to that-—fortunately, none of the neighbors called Social Services or the School Board). They did, however, have some schoolwork to show that their kids were doing something.

I don’t think the issue would have ever been raised had the kids not been out hanging around and running all over the neighborhood all the time.

My son was riding his bike down the street one day and an elderly lady stopped her car and said to him, “Aren’t you supposed to be in school?” He told her he was homeschooled.

She accepted that, but if she had raised a stink, it would have taken me five minutes to show whoever needed to know that we actually do homeschool and then be on our way.

Don’t “enroll” your kids in school, including homeschool—e.g., by filing the Letter of Intent, and don’t have any way to show your kids are actually being given some opportunity to get a formal education (reading, writing and arithmetic), and, yes, if your kids seem to be constantly unsupervised and someone complains to the authorities, you’re not going to be able to claim “homeschooling” as a defense.

BTW, my understanding of the law in CA is that children must be “enrolled” in school. If they are homeschooled, they are considered “enrolled” in a homeschool (so long as the paperwork is completed).

So here the parents apparently failed to file the paperwork to “enroll” their kids in their homeschool, and that is the basis for their exposure to criminal sanctions.


71 posted on 03/06/2008 11:45:31 AM PST by fightinJAG (Rush was right when he used to say: "You NEVER win by losing.")
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To: cbkaty

Don’t think so.

In CA, kids must be “enrolled” in a school. If kids are homeschooled (meaning the usual paperwork is filled out, just like most states have “Letter of Intent to Homeschool” that must be provided the school board, etc.), they are considered “enrolled” in their homeschool.

There’s nothing sinister here.

The parents apparently did not file the required paperwork to homeschool their children (i.e., to “enroll” their children in their homeschool). Therefore, under the law the children are truants. All parents of truants are subject to criminal sanctions.

Nothing new here.

CA’s paperwork for homeschooling may be more onerous than other states’, I don’t know. But, again, had the parents filed it, the kids would be considered “enrolled” in school (homeschool).


72 posted on 03/06/2008 11:50:14 AM PST by fightinJAG (Rush was right when he used to say: "You NEVER win by losing.")
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To: HamiltonJay
"Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them,

Stupid headline alert.

There's nothing here that subjects 166,000 familes to criminal sanctions.

If parents filed the required paperwork for homeschooling their children (e.g., the Letter of Intent to Homeschool and Summary of Curriculum), then under CA law the kids are considered "enrolled" in school---their homeschool.

From this, the only people subject to criminal sanctions are those who did nothing to comply with "enrollment" laws (see above). As in most states, all children who are not "enrolled" in school---whether it be public school or homeschool or whatever---are truants and the parents are legally liable for that fact.

73 posted on 03/06/2008 11:54:35 AM PST by fightinJAG (Rush was right when he used to say: "You NEVER win by losing.")
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To: Balding_Eagle

Rush said as much about 6 months ago, and he also said it would happen at blinding speed.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

He is probably right. Scary!


74 posted on 03/06/2008 3:59:21 PM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: hedgetrimmer
There aren’t any ‘right wing’ talk show hosts in California anymore.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Rush, Sean, Laura Ingram, Savage, OReilly,Medved, Glen Beck,,etc,,are not broadcast in California? At all?

Am I understanding you correctly? Or...are you saying that the above people are not really conservative?

75 posted on 03/06/2008 4:02:28 PM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: fifthvirginia

They have to beat the Reconquistas to it first...


76 posted on 03/06/2008 4:04:03 PM PST by Gaffer
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To: Mad Dawgg
Mr. Atlas Please pick up the White Courtesy Phone...

Its time to “Shrug”

Mr. Bowman Please pick up the White Courtesy phone...

It's time to "Lock and Load"

77 posted on 03/06/2008 4:07:45 PM PST by Doomonyou (Let them eat lead.)
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To: wintertime

It has to happen at blinding speed now.

I’m not sure, but there may be enough home schooled kids right now to hold back that curtain of darkness that I refer to in my tagline.

The Left is obsessed about Darkness (with a capital D) covering the face of the earth, after all, that is their birthplace.

The blinding speed, while a terrible threat, can also be our savior. Unlike the frog, unknowingly and slowly being brought to a boil, a frog brought to a boil at blinding speed will leap out of the fire.

I grew up in a freer, safer time, and I want the same for my home schooled grandchildren. It looks shaky.

No other institution (except maybe the press) has been as effective as the educational system with blinding our children to truth, knowledge, and understanding. Teachers are willing dupes in that system, and it is hard to be civil to that group even here on FR. They are complicit in the attempt to steal my grandchildren’s future. Their willing complicity with this evil is infuriating. I normally avoid these threads because of that fact.


78 posted on 03/06/2008 5:38:55 PM PST by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: fightinJAG
The parents apparently did not file the required paperwork to homeschool their children (i.e., to “enroll” their children in their homeschool). Therefore, under the law the children are truants. All parents of truants are subject to criminal sanctions.

....hmmmm so the issue is NOT whether or not the children are getting an education, its a Kalifornia style gotcha...paperwork snafu...Good Lord...

Lets be honest, the objective is to force kids to public schools and/or to control the curriculum.

79 posted on 03/07/2008 4:47:16 AM PST by cbkaty (I may not always post...but I am always here......)
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To: Balding_Eagle

No other institution (except maybe the press) has been as effective as the educational system with blinding our children to truth, knowledge, and understanding. Teachers are willing dupes in that system, and it is hard to be civil to that group even here on FR. They are complicit in the attempt to steal my grandchildren’s future. Their willing complicity with this evil is infuriating. I normally avoid these threads because of that fact.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Please don’t avoid education threads. I and other could use your support.

Yes, the government school defenders can be infuriating. I know that many are being deliberately obtuse! The others are “dupes”, as you say. Lenin had a name for them: “Useful Idiots”!

When I ask pointed questions in their role in contributing to the atheistic and Marxist government schools, I am often personally attacked.


80 posted on 03/07/2008 7:11:38 AM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: wintertime

# 1, they’re called CONSERVATIVE talk show hosts, not “right wing” talk show hosts.....the perjorative “right wing” is a term used by liberals.

# 2, Schwarzenegger, while a disappointment as governor, has condemned the judge’s ruling in this case....Arnold is on the side of the homeschoolers.

# 3, true, Rush pushed for Arnold to be elected in the re-call against Gray Davis, but he (Rush) has been critical of many of Schwarzenegger’s policies and positions (on numerous occasions).


81 posted on 03/07/2008 8:12:56 PM PST by july4thfreedomfoundation (Change.....that's what we will have left in our pockets if a Democrat gets elected president!)
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