Well, it would seem that the fight is on to protect parent’s rights to homeschool their children in the state of California. There are many well-known figures speaking out against the recent court ruling and the bad precedent it poses to set for many other families and home education at large. I urge you to stay informed and on top of this matter. I hope that we can be unified, to speak with one voice against this outrageous attempt to control our ability to educate our children in matters academic, Spiritual, moral, and values oriented. Here is the latest update. You can find the news story here:
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=58298
Gov. Arnold blasts homeschool ruling
‘Parents should not be penalized for acting in the best interests of children’s education’
——————————————————————————–
Posted: March 07, 2008
9:47 pm Eastern
By Bob Unruh
© 2008 WorldNetDaily
Gov. Arnold Schwarzenegger
California Gov. Arnold Schwarzenegger today blasted a court ruling that endangered homeschooling and homeschoolers statewide.
“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 prepared statement. “Parents should not be penalized for acting in the best interests of their children’s education.”
The comments came after a state appellate court ruling essentially concluded California state law allows no option for parents to school their children at home. Homeschool and legal experts have expressed concern that the move puts all of the parents of the estimated 166,000 homeschooled children in the state at risk of both criminal and civil penalties.
“This outrageous ruling must be overturned by the courts and if the courts don’t protect parents’ rights then, as elected officials, we will,” he said.
The governor’s office said the ruling from the 2nd District Court of Appeal in Los Angeles concluded “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 ruling resulted from a case involving the family of Phillip and Mary Long, who earlier described for WND their concerns with the public school district’s advocacy for alternative sexual lifestyles and the promotion of a faith in evolution.
“The parent-child relationship existed long before any government and makes it the responsibility of the parent to educate the child,” Long told California reporters today. He said the responsibility includes issues such as protecting children from things that are hazardous “emotionally” as well as physically.
But the court had concluded that state law doesn’t allow children to be taught by their parents in their homes, a result achieved by many families by having the parents register as a private school, which exempts them from the requirement of having credentialed faculty.
WND earlier reported Brad Dacus, chief of the Pacific Justice Institute, is planning an appeal to the state Supreme Court on behalf of the school in which the Long children were enrolled.
He said his concern is that the ruling might be used by “overzealous” school district officials and social workers to try to remove a child from a family.
“We are hoping enough common sense prevails for everyone to wait and see how this plays out before the state Supreme Court,” he said. But in California, such appellate level rulings are binding on lower courts when they are issued, he said.
The Los Angeles court decision 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 challenged it 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 question [now] is whether it’s going to be enforced,” said Dacus. He said criminal infractions could involve fines or community service, and civil penalties could involve parental counseling.
But he said the California legislature has adopted “education neglect” rules that could be used “as grounds for the removal of a child from a family.” Such cases usually are handled in juvenile court and by social services agencies.
“We are advising our homeschoolers to continue, but to keep both eyes open,” he told WND.
The estimate of 166,000 children in such homeschool situations that he provided earlier, he said, was a tabulation of those children only who are being homeschooled under state procedures.
“That’s a conservative number. The actual number could be as high as a million. Many are completely under the radar for fear something like this could happen,” he said.
He told WND he’s assembling an e-mail list on his institute’s website in order to provide immediate updates to those who may be affected.
Others were joining in the criticism, too.
James Dobson, founder of the Focus on the Family powerhouse Christian publisher, called it “an imperious assault on the rights of parents.”
“How dare these judges have the audacity to label tens of thousands of parents criminals – the equivalent of drug dealers or pickpockets – because they want to raise and educate their children according to their deeply held values?” he said.
“The case before them involved one couple – the ruling should have been confined to that one couple, not used to punish an entire class of people, the vast majority of them religious conservatives,” he said.
The Home School Legal Defense Association said it was setting up a petition effort to have the case ruling modified or limited in its impact.
The organization warned California is set to become the only state to deny the vast majority of homeschooling parents their fundamental right to teach their children at home.
“This is an all-out assault on the family,” Dobson continued, “and it must be met with a concerted effort to defend parents and their children.”
Candi Cushman, an education analyst for Focus, said the timing was horrible, because of new statutes facing school children in California, an issue which WND previously has reported.
“This takes away recourse from thousands of parents in California who want to escape the government-enforced indoctrination in public schools,” she said. “The Legislature recently passed a law that basically ensures that students get a one-sided, positive portrayal of homosexuality and same-sex ‘marriage.'”
WND broke the story of the ruling, which reversed a decision from Superior Court Judge Stephen Marpet, who said “parents have a constitutional right to school their children in their own home.”
As WND has reported, the Longs had their children enrolled in Sunland Christian School, a private homeschooling program.
But Croskey, without hearing arguments from the school, opined that the situation was a “ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credentialed parent.”
Officials with the school said they asked Pacific Justice to work on the Supreme Court appeal because the organization “has been in full compliance with the requirements of the law for more than 23 years.”
“We’ve never been given an opportunity to represent our case in the Court of Appeal,” Terry Neven, the president of the school, said. “Consequently, we are excited that PJI will represent us before the California Supreme Court so that the rights of homeschooling families are preserved.”
The Longs earlier told WND they also are considering an appeal to the state Supreme Court because of the impact of the order for their family, as well as the precedent that could be construed.
Rights are not freely granted top-down by some government authority.
It is only when people feel inalienable rights in their bones can they assert them proudly and openly. Parents should not be meek and humble as supplicants and petitioners in face of government heavy handedness.
Parents have choice in how their children are to be educated, publicly, privately, or at home. This ruling in California is so feudal it sticks out as an outrage in a democracy.
Furthermore, it is parents’ duty to educate their children. School laws across the free world state that. Only in totalitarian countries is home education not permitted.
The first School Laws in America (1642) underlie the system to this day: “Universal education of youth is essential to the well-being of the State. The obligation to furnish this education rests primarily upon the parents.”
Parent groups should evolve their own Charter of Parent Rights statements and educate their members about what is decent and proper in this day and age. I am providing a link to such a statement, compiled in 1977 in Canada, and which can serve as a good starting point for others.
I was heavily involved in Home Education causes in the 80’s and do know such statements empower parents to confidently do what is right by their children.
Click to access 43.pdf
Tunya Audain
Jenni,
Thank you for your post. Yes; even homeschooling families themselves need to wake up – I know people who are not even bothering to follow the news on this, and live in what we call a ‘pink bubble.’ It IS a battle of evil vs, good, and I try to tell people (Hm.. a new post???) that saving their children’s souls is THE MOST IMPORTANT reason to keep them out of PS or even PrvtS. Evil can NEVER be good, nor good be mislabeled as evil.
This WILL set a precedent that WILL spread and effect us all over the world.
God love you,
Adrienne
http://adriennesarmoire.wordpress.com/
Member: UnaVoce America
Everywhere I look this is being discussed. I hope that because of all of the outrage over this ruling, this can be overturned. The thing that really bugs me is how many people are posting on various blogs saying this is a good thing. *sigh* I suppose we still have a long way to go to ensure our rights in this country.
Home schooling is illegal in California. *edited for content*
Larry,
There is much turmoil and distress on all sides of the California issue. It will most likely be a long while before we reach the final outcome. But for now, here is some information that may shed some light on the situation. This law still largely applies despite the recent threat to homeschool freedom.
California–Court against Home Schooling
LEGISLATIVE NEWSFLASH – March 7, 2008
From: Roy Hanson’s Private and Home Educators of California
***** ***** ***** *****
As you probably know, on Thursday, February 28th, The Second Appellate
District in Los Angeles County ruled that a homeschooling family from
Southern California (not a member of HSLDA) did not have a right to
“homeschool” under the California Constitution unless the parent is a
credentialed tutor.
***** ***** ***** *****
Current Situation
Nothing has changed in California regarding your homeschool. HSLDA
maintains that the advice they have given home school families for
some twenty-five years is still accurate and that filing a private
school affidavit, or enrolling in a private school independent study
program (I.S.P) are valid options under the law in California.
In summary, homeschoolers should not panic but continue to home school
as in the past. The leaders of the statewide homeschool groups and
HSLDA are coordinating with each other on this issue on a regular
basis. Pray for a positive outcome. The attorneys at HSLDA are
working very hard during this time to prepare for additional legal
action to reverse this decision. Seeking legislation at this time is
unnecessary and likely dangerous.
***** ***** ***** *****
Governor’s office press release Friday, March 7, 2008
Gov. Schwarzenegger Issues Statement Regarding Court of Appeals Home
Schooling Ruling
Governor Arnold Schwarzenegger today issued the following statement
regarding the recent Second District Court of Appeals ruling on home
schooling:
“Every California child deserves a quality education and parents
should have the right to decide what’s best for their children.
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.”
***** ***** ***** *****
Background
This ruling resulted from a Juvenile Court case on allegations of
abuse or neglect, which originally had nothing to do with
homeschooling. When the Juvenile Court judge would not prohibit the
parents from home schooling their children, the court-appointed
attorneys for the children went to the California Court of Appeals.
The Appellate Court went further than they needed to, and essentially
ruled that State law does not provide any options that allow parents
to teach their own children at home.
Future court action on this Appellate Court ruling cannot occur until
after March 29th. This ruling is a very serious matter but not a
cause for panic. There are legal options still open to pursue in the
Courts. HSLDA is working to overturn this decision in the courts. In
other words, this Appellate Court ruling is not the final say.
It is important to realize that no laws have changed that affect
private schools whether in one’s home or on a campus. California is
still one of twelve states where homeschoolers can operate legally
under the private school provision. See our Legal Fact Sheet. The
Court does not have the power to change the law but only to interpret
it, and this court has made critical errors in their interpretation of
private school laws as they apply to private home education.
No court has the authority to universally order every homeschooler
into a public or private campus school. Under due process the court
can only issue orders directed to the parties before the court. Any
attempts of enforcement would have to be one family at a time. As in
the past, a family could be charged with truancy and then go to a SARB
hearing even before any court hearing. This should not be a dread for
anyone who is a member of HSLDA. If you are not a member of HSLDA you
should join now!
If a public official comes to your door and tells you that home
schooling is illegal and that you must put your kids in a public
school or a private campus school, do not let them in your house, call
HSLDA if you are a member, and let the HSLDA attorney talk to the
person at the door. HSLDA attorneys are available to their members 24
hours a day seven days a week.
***** ***** ***** *****
What can homeschoolers do right now to help?
(1) This court’s ruling could provoke well-meaning individuals to seek
a legislative remedy. Legislation at this time would be detrimental
to our current freedom to home school privately in California. If you
become aware through first hand knowledge of any such attempt to have
a legislator introduce legislation addressing or dealing with home
schooling, please contact us at contat@pheofca.org immediately!
(2) Please encourage your home schooling friends to join HSLDA now for
two reasons! (a) Membership in and contributions to HSLDA will help
provide the financial resources needed to carry on this complex and
lengthy court process for judicial relief from this current ruling.
This will benefit all homeschoolers. (b) HSLDA membership will
protect your family should you be contacted as a result of this
Appellate Court ruling. This will also give you the piece of mind
that, whenever you might need it, you have immediate support from the
only experienced highly successful team of attorneys specialized in
defending private home schoolers in California and our Nation.
(3) In all situations, it is the Lord Jesus Christ Who is our refuge,
provider, and protector (Psalm 50:10-15). He is sovereign over all.
Our Lord reigns! We are asking that you pray daily and also consider
some kind of periodic fasting during this protracted battle that is
shaping up. Pray for:
* those in authority, especially the judges involved in this case,
* the Long family involved in this case,
every fellow private homeschooling family
* HSLDA as they prepare to not only handle this situation but as they
respond to all future legal contacts,
* for us here at Family Protection Ministries that God would sustain
us and that we will be able to intercept every legislative proposal
that could further erode our freedoms,
* CHEA and every other home school organization in California, and
* all other individuals and groups supporting this effort to defend
home education.
(4) Continue on with a peaceful heart in your homeschooling and family
life.
***** ***** ***** *****
Permission is given to reprint this document or distribute it by email
in its entirety without alteration. You are encouraged to link to
this document on our website http://www.pheofca.org
***** ***** ***** *****
Roy Hanson’s HELP Tree
Private and Home Educators of California
P.O. Box 730
Lincoln, CA 95648-0730
Fax: (916) 415-9470
contact@pheofca.org
***** ***** ***** *****
The purpose of this communication is to present information and
express our position on the issues addressed. We encourage you to
research this for yourself and come to your own conclusions.
Regardless of your position, we strongly urge you to exercise your
constitutional right to express your position to your elected
representatives. We have included an example of how we have expressed
our position.
***** ***** ***** *****
DISCLAIMER: We are not responsible for the accuracy of copies printed,
forwarded, or sent by any party other than directly from Private and
Home Educators of California.
***** ***** ***** *****
———————————————————————-
-> What’s the shortest distance between two homeschoolers?
HSLDA’s elert service! When threats to homeschool freedoms arise,
you want to be able to respond. We make it possible.
More reasons to join HSLDA…
http://www.hslda.org/elink.asp?id=1101
———————————————————————-
======================================================================
The HSLDA E-lert Service is a service of:
Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org
As a grandmother of the early home education movement in North America, naturally I was concerned about the recent court ruling in California which basically criminalized about 200,000 home schooling parents lacking teaching credentials. Hopefully, if it is not overturned by the Supreme Court, Governor Schwarzenegger has promised legislative remedy: “Parents should not be penalized for acting in the best interests of their children’s education.”
I am very impressed by the extent and depth of feeling and outrage expressed by supporters. But, I am disappointed at the hostility and shallowness of those who are opposed, either out of self-interest (teacher unions) or basic intolerance. (Just Google California home schooling ruling…)
It is because this case even came up in 2008, and because the hostility and threat can be reasserted at any time, that I would like you to read my publication in 1987 which was useful in two ways: 1) to encourage home educators, and 2) to put the education establishment on notice about the legality and imperatives driving this movement. In the article I quote John Holt as saying: “Today freedom has different enemies. It must be fought for in different ways. It will take very different qualities of mind and heart to save it.”
Published in a prestigious educator magazine, it carries weight to this day, often quoted.
My history in home education goes back to 1972 when, after being credentialed from a Teachers College, I traveled with my children to Mexico to study under Ivan Illich of deschooling fame.
There I met with John Holt. He knew I had two young children with me, ages 3 and 5, and asked if I would be enrolling them in school soon. I said I might educate them at home.
He thought this was illegal, but I said I found from my readings at Teachers College that the “otherwise” clause in most Education Acts allowed it.
He then commented that at least I would be qualified to do it, having obtained a teaching certificate. Again, I enlightened him with the fact that this was not a requirement.
He then posed the thoughtful but predictable question about socialization, and we chatted about the various community opportunities available and the negative aspects of socialization that parents wanted to avoid.
His parting comment was: “Smart City!”
Using his mailing list which he used to encourage education reform, he soon embraced home education and in 1975 started a new publication, “Growing Without Schools.
Meanwhile, Dr. Raymond Moore was spreading the word amongst his mainly Christian audience and paid frequent visits to Vancouver, especially when we held Home Learning Fairs.
You can download the 5 page article: Home Education: the third option to see concerns of 20 years ago reappearing today……
http://www.theschoolsweneed.com/forums/ubbthreads.php/ubb/showflat/Number/543/Main/543/#Post543