From this link:
“A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution…
The appeals court said state law has been clear since at least 1953, when another appellate court rejected a challenge by homeschooling parents to California’s compulsory education statutes. Those statutes require children ages 6 to 18 to attend a full-time day school, either public or private, or to be instructed by a tutor who holds a state credential for the child’s grade level.
“California courts have held that … parents do not have a constitutional right to homeschool their children,” Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. “Parents have a legal duty to see to their children’s schooling under the provisions of these laws.”
Parents can be criminally prosecuted for failing to comply, Croskey said.
“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, quoting from a 1961 case on a similar issue.”
This is interesting to me on several levels. First of all, this is a stunning blow to the individual rights of homeschooling families in California. Second, it clarifies what at least one state has to say about the purpose of school. Two posts ago, I asked what traits people thought the ideal student would exhibit. Not one of us mentioned things like patriotism or loyalty to the state in our responses. The word “train” in that quote also bothers me.
I guess I never thought a primary purpose of my job was being part of a patriotism propaganda machine. Maybe it’s just me, but I’d rather work to create intelligent, critical thinkers than “train” people to be loyal to a state or nation.
March 7, 2008 at 9:52 pm |
Parental rights at risk, what a mess this situation is. I posted an entry about this matter too.
You can read my take on this here:
http://www.thefullquiverhomeschoolhouse.wordpress.com
March 7, 2008 at 10:56 pm |
It’s troubling alright. I think the trouble is that homeschool doesn’t mean ONE thing. Homeschool can be done well but it can also be done really poorly. We need to fix the “poorly” part without destroying the “well” part. I don’t think this will do it.
March 9, 2008 at 10:31 pm |
Home schooling is illegal in California. Most home schoolers are Christians and all they know to do is fearmonger. Just look at this as an example!
http://www.cftie.org/2007/12/sb-777-will-per.html
March 10, 2008 at 4:48 am |
(Moved from about the author page — I am assuming this references the last paragraph of this post)
Thank you Mark for giving us the opportunity to give our opinion on how history should be taught. First, I`m an 88 year old WW2 vet. I was born and spent my boyhood in northern Idaho, probably one of the most “patriotic” areas in the US. In grade school we wer taught that in time of war we were to serve our country, no questions asked. It was assumed that we were the good guys and the other side was the bad guys. It wasn`t until I was going to the Univ of Wash on the GI Bill that the history that I learned in grade and high school was only partially true, and the bad parts were not taught. For example in winning the west, the Indians were savages who were attacking us. In the Mexcan war , Mexico invaded Texas and we drove them out. I never was taught that Texas was part of Mexico which we conquered. We were never told the truth about the Spanish-American war or our many incursions in Central American, or more recently Vietnam, Panama, and Iraq. Just tell the kids the truth Mark and I understand your problem in having to contend with a Board of Educ which may have different ideas. Thanks, Jerry Kessler
March 10, 2008 at 4:50 am |
Note from me in response to previous comment: I am in not criticizing my board of ed. through this post.
March 10, 2008 at 12:02 pm |
In response to Larry above, I offer the following information:
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.
May 31, 2008 at 1:24 am |
Homeschooling can be done both well and poorly, just like public or even private education. I assume if the regulations were tougher on homeschoolers, the rules would be enforced by the local school system. I know not all school systems do poorly, but I would be terribly insulted if I had my homeschool critiqued by our school system. I have taught two kids to read – 100% of my students (so far) – without spending a government dime or having to have my curriculum inspected by anyone.
In my state – and, I assume, most states – the vast majority of homeschoolers take the same standardized testing as regular students, at the parents’ expense. Although there is some debate about what the results of all these tests really prove, they do it willingly. Some states have rules that have homeschooling parents meeting every so often with someone from their local school system – a friend of mine who lives in a bordering state (a former fifth-grade teacher) does this. So, to say there is no regulation of homeschooling is just not true. I think the “poorly” in public education needs to be fixed before they start trying to fix everyone else.
Besides, it is my belief that California’s problem with homeschooling is not so much about how well children learn through homeschooling as it is about having every available child in the public school system in order to be guinea pigs in California’s neverending social engineering experiments. It’s not about education of children. It’s about the assimilation of children. The mumbo-jumbo about “citizenship, patriotism” and “loyalty to the state and nation” is just a ruse.
When I think of California, the first thing I think of is not patriotism. I think of cities like Berkeley – that Mad Hatter city of insanity – allowing Code Pink to harass our Marines and the city council trying to make them leave. Hardly patriotic.