Schwarzenegger denounces 'outrageous' homeschooling ruling

San Francisco Chronicle ^ | 3/7/2008 | Jill Tucker and Bob Egelko

[GVnana]

(03-07) 13:37 PST SACRAMENTO -- Gov. Arnold Schwarzenegger promised today to ensure that parents have the right to homeschool their children, after a state appeals court ruling severely restricted the practice in California.

"Every California child deserves a quality education and parents should have the right to decide what's best for their children," the governor said in a statement. "Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will."

An estimated 166,000 children are homeschooled across the state.

The ruling by the Second District Court of Appeal in Los Angeles said all children ages 6 to 18 must attend public or private school full-time until graduation from high school or be tutored at home by a credentialed teacher.

The Southern California case stemmed from a child welfare dispute involving the children of Phillip and Mary Long of Lynwood (Los Angeles County). The couple's eight children have been home-schooled by Mary Long, who holds no teaching credential. The children were also enrolled in a private school through an independent study program, which included quarterly home visits. Although the case did not involve the question of the children's truancy, the court decision broadly addressed the legality of homeschooling in California while specifically ruling that the Long family's situation violated state law.

[latina4dubya]

Homeschooled children in CA are required to use a state-approved curriculum, which they must show evidence of completing by objective testing.

this is not true... i choose my children's curriculum... nobody approves it... no testing is required... we are not required to use a state-approved curriculum nor take tests...

are you thinking that every California homeschooler has to go through K-12 Virtual Academy?

[MacMattico]

Here in NY state to become a permanently certified teacher (for me Social Studies mid 1990's) I had to have my Bachelor's degree, two years of experience teaching in a public school, and a Master's degree within 5 years of my BA. And it wasn't cheap! I agree with the person here that said the teaching methods class was the only one really worthwhile, and not many of the classes were very challenging. My BA was in history and political science, I got my Master's in teaching. To make a long story short, I now run a business and don't even teach. But I will tell you I learned a lot more undergrad than in the teaching masters program. My children go to public school and I'm constantly checking over my kids assignments and showing them where facts are wrong or a liberal bias exists. My daughter stands up for her opinions in class and her teachers only let it go because they know my background in the subject is stronger then theirs!

[Tired of Taxes]

I'm following your conversation here, and I see the point you're making. However, (1) I don't see where the court opinion mentions that the parents didn't file a Private School Affidavit, and (2) the court opinion expresses specifically that California courts have held that under provisions in the Education Code, parents do not have a constitutional right to home school their children. So, it seems that this case is a major concern for all CA homeschoolers.

[Amendment10]

Compare the following from an earlier thread from media concerning judges' decision about homeschooling to official court document from a later thread.

From earlier thread which I suspect Gov. Schwarzenegger may have reacted to:

A three-judge panel of the California Court of Appeal has determined parents in that state have no legal right to home school. (emphasis mine) 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) http://www.freerepublic.com/focus/f-news/1981532/posts

From later thread containing official court document:

It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) ***[which allows parents to homeschool as long as they register]*** (emphasis mine) applies to the child. Because the parents in this case have not demonstrated that any of these exemptions apply to their children, we will grant the petition for extraordinary writ. http://www.freerepublic.com/focus/f-news/1981634/posts

It's been a long day. What am I overlooking?

[streetpreacher]

Always good to see one of the statists rear their ugly head on FR. Guess you’re happy with the McCain nomination.

[dangus]

>> “A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare,” the judge wrote ...<<

So, natch the judge has prosecuted all those America-hating school teachers who have subverted this purpose, turning the school system into Marxist indoctrination camps, right?

[dangus]

Oh, how I wish I could think of the name of the comic actOR she looks just like.

[SecAmndmt]

“You don’t think its a good idea for someone to know something before they try to teach it?”

This sounds like typical far left NEA-speak.

There are good teachers out there, but by and large, government school teachers are some of the least academic, least curious people that I have ever met. And even the good teachers work in a system which has a primary purpose of Marxist socialization, not real education. The homeschooling parents that I have met are, on the other hand, some of the most devoted teachers.

If we want to save the Republic, one of the first steps that we need to take is to separate our children from the government school system. Then, we need to work on eliminating school taxes for everyone and allowing what’s left of the public schools fend for itself in a market environment.

[dangus]

What I read in that opinion directly contradicts the notion that home-schooling parents only have to file some forms and meet some low hurdles. The case seems to state explicitly that full teaching credentials are required of home-schooling parents, even while private schools can require far lower credentials.

[MacMattico]

In NY there is end of year testing for homeschoolers, to make sure they are making progress and therefore promoted to the equivalent of the next grade, for instance if they wanted to attend public school the following year. But it is more of a generalized test and allows homeschoolers a lot of freedom. I think this was put in place because there were a few cases where single mothers didn't want to pay for babysitters and made their older kids stay home to babysit, calling it homeschooling. There was a case where a twelve year old girl was found to be at a 3rd grade level because all she did was babysit other kids 14 hours a day! But honest (99%) of homeschoolers shouldn't have to pay for this mothers abuse.

[dangus]

>> Dang, looks like my esteem for Arnold might have to see some sunlight for a while. <<

Don’t hold him in too high esteem. Arnold and Wilson are responsible for 80% of these screwball judges. This is the trick the Democrats used to rely on in most states: appoint left-wing radical judges, and then whine about their rulings.

[Tired of Taxes]

Thanks for your reply.

I checked that second link. The phrase ***[which allows parents to homeschool as long as they register]*** must've been added by the FReeper who started the thread. That phrase isn't in the court opinion.

It doesn't appear that homeschooling is even mentioned in CA law. If I understand it all correctly, homeschool parents have been qualifying under the private school exemption by filing Private School Affidavits.

But, now this court opinion has asserted that homeschool parents should not be allowed to qualify under the private school exemption and that the law as written was never intended to permit parents (without official "teaching credentials") to "homeschool" their children.

[uptoolate]

I’m teaching my 13 year old College Algebra I & II and then the fun starts with Trig and Calc.

It brings back memories of high school for me. Actually the memories of getting D’s in Trig and Calc.

I have found that I only have to stay a few days ahead of him to be able to answer his questions. Anything we don’t know or get, we look it up together! Talk about forming a bond with your child!!!

His real passion is computer science. He built his first system when he was 10, or I should say we. ($$$)

Now he is doing web design for a Christian internet radio program for kids that he and a fellow homeschooler have started.

[joydoc]

Guess his words were forgotten.......

The year is 1907, one hundred years ago.....

‘In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming in every facet an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag.. We have room for but one language here, and that is the English language... and we have room for but one sole loyalty and that is a loyalty to the American people.’ Theodore Roosevelt 1907

Every American citizen needs to read this!

Where are our freedoms going? First the border and now our English? What next?

[joydoc]

THE FIRST SCHOOL TEACHERS WERE NURSES, I BELIEVE. I WONDER IF THEY HAD THE CORRECT CREDENTIALS?

[streetpreacher]

Sign this petition at HSLDA: https://www2.hslda.org/Registrations/DepublishingCaliforniaCourtDecision/

[veracious]

Arnold, right on!!!! You surprise me.

[DB]

What makes you think someone that has a teaching credential knows something?

Gee, I wonder who has the best interest of the child at stake, the state or the parent, especially a parent willing to take on home schooling their child.

[calcowgirl]

I'm following your conversation here, and I see the point you're making. However, (1) I don't see where the court opinion mentions that the parents didn't file a Private School Affidavit, and (2) the court opinion expresses specifically that California courts have held that under provisions in the Education Code, parents do not have a constitutional right to home school their children. So, it seems that this case is a major concern for all CA homeschoolers.

I'm reading it that way, yes. But I don't have any experience with homeschooling. This is the first time I've read about any of the technicalities in the Constitution the Education Code, or the law.

C.O.--IYO, was this family just negligent in their failure to file? Is that what most families that you know do (file individually as a private school)? The published articles seem to have misrepresented the issues so badly, it's hard to figure out if this is a huge issue, or not.

[calcowgirl]

For reference, here is the Education Code of the section you cite in your second excerpt:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48220-48232

48222. Children who are being instructed in a private full-time day
school by persons capable of teaching shall be exempted. Such
school shall, except under the circumstances described in Section 30,
be taught in the English language and shall offer instruction in the
several branches of study required to be taught in the public
schools of the state. The attendance of the pupils shall be kept by
private school authorities in a register, and the record of
attendance shall indicate clearly every absence of the pupil from
school for a half day or more during each day that school is
maintained during the year.

Exemptions under this section shall be valid only after
verification by the attendance supervisor of the district, or other
person designated by the board of education, that the private school
has complied with the provisions of Section 33190 requiring the
annual filing by the owner or other head of a private school of an
affidavit or statement of prescribed information with the
Superintendent of Public Instruction. The verification required by
this section shall not be construed as an evaluation, recognition,
approval, or endorsement of any private school or course.