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 ...
Rush said as much about 6 months ago, and he also said it would happen at blinding speed.
The first reeducation camps coming in Kalifornia....
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.
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.
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
Roger Hedgecock is on in San Diego and is conservative enough to fill in for RUSH.
If I told you that I think mandatory school attendance is an overall negative, what would you say to that?
ΜΟΛΩΝ ΛΑΒE
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.
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.
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).
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.
Rush said as much about 6 months ago, and he also said it would happen at blinding speed.
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He is probably right. Scary!
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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?
They have to beat the Reconquistas to it first...
Its time to “Shrug”
Mr. Bowman Please pick up the White Courtesy phone...
It's time to "Lock and Load"
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.
....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.
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.
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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.
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