The CA Homeschool Ruling?

Question

I don't believe this will be enacted immediately, but the fact that it is festering IS a big deal. It shows how far courts are willing to go in some states.

Even if homeschooling is made illegal within CA, if we get a president in office who is a socialist, then the homeschoolers will really have to fight.

What are your thoughts?

Answer 1

http://www.sfgate.com/cgi-bin/articl.../...

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."

Answer 2

My thoughts?  That I will fight to utmost before giving up my right to homeschool, and if I lose that right I will either use a private school (even if it means working two jobs), or I will go underground and continue homeschooling.  No way will my kids end up in the politically correct, socialist indoctrination camps called Public School.

See this question, http://answers.yahoo.com/question/index;... and the answers for more info, including a petition to depublish the ruling.  (If it is depublished, it will be a tempest in a teapot... it will only influence the one family involved in the court case.)

Answer 3

This is the first time I was really, really happy we moved out of California.

I'd been dreaming of moving back there -- but forget it!

I'll learn to love rain, snow, and humidity before I'll learn to love sending my kids to public school.

Answer 4

Well Arnold has already come out with his feelings on the subject and it is gonna take a whole lot more than some judge that is against homeschooling to make it a law that it is illegal to homeschool or to change the laws. California is already in a heap of hurt when it comes to the Educational system they don't need to be fools and start changing things around. It just isn't gonna happen. People stop worrying. Our good Governor will make sure of this.

Answer 5

You are overreacting - way overreacting.

This ruling will be depublished, if not, it will be overturned by a higher court and if not, the California Legislature will step in.

Believe me, with the budget crisis going on in California, the last thing they want is 750,000 kids pouring into the public school system.

Now, please stop fanning the panic flames.  There's really no need.

Answer 6

I'm sorry to say this but it is not ever going to go back the way it was . The bell can not be unrung. We are going to move forward in the courts and we will have our Right to home school vindicated. The court is not going to to de-publish this case the issue is too important. Do you really think that some how it will go back to the way it was? They will just find another family or families like ours to pick off in a piece meal fashion. Do you want to run from this or face it and fight? You might not think that we were the best family for this fight, but we were the ones to stand up and fight. We didn't back down on our belief in our Right to educate our children in our home or any where else. We are not afraid of the fight because we know who will fight our battle and know that all things work for the good of those that love YHWH and are called according to his purpose. Phillip Long .  [e-mail]

Answer 7

1) None of the three presidential candidates with any chance of winning are socialists. And home schooling is in no way a political issue. Of course universal healthcare is not socialist! You seem to be a little unclear on the concept. But i imagine you will use it happily enough when it passes Congress.

2) The president has no control over state education issues like home schooling. You will be happy to know that the governor of California, Arnie Schwarzenegger, is completely opposed to the home school ruling. Partly because the schools can't hold that many more children, and partly because the state budget can't accommodate paying for more teachers and truant officers.

3) The judicial ruling will only be applied in cases where there is some evidence that the home schooling of a particular child or children is found to be substandard. It will not affect the vast majority of home schoolers. The state has a right to maintain some kind of quality control over compulsory education. But what is the worst that can happen? You may have to go back to school and take a few courses. You might even learn something.

4) Why are you so pugnacious? The lady doth protest too much, methinks. Maybe you should follow Hillary's example and run for public office yourself.

Answer 8

http://www.hsc.org/Appellatedecision

Appellate Court Case, Please Remain Calm, By Debbie Schwarzer HSC legal team co-chair

I have been astonished about the hype about this case. So many have been making sensational claims that parents will be criminally prosecuted, etc.

Please rest assured about a number of things. First, the law, other than this court's interpretation, hasn't changed. Parents involved in a truancy prosecution might face criminal charges, but only after a rather lengthy series of hearings and court orders, and only if the parents failed to comply with the orders. It would be a criminal contempt charge, which isn't nothing but doesn't land you in Pelican Bay.

We have never known conscientious parents ever to be prosecuted under truancy laws to the point of contempt charges. It's highly unlikely.

The media also appear to be saying that no one can teach their children without a credential. I am not certain that the holding is that broad, and I also doubt it would survive legal challenge.

The holding really applied to private ISPs (there are persistent mistatements, that began with fact statements in the case, that the family was enrolled in a charter. Obviously a school with the name "Christian" in it wouldn't be a public charter. It was a private ISP). It could be read by someone reading broadly as applying to any situation where the child is not continuously in the presence of a credentialed teacher.

The court started on a very slippery path of appearing to think that some situations were OK and others weren't, effectively trying to enact an entire code of regulations for governing this situation from the bench. He hasn't been given the constitutional authority, of course, to do this.

How do we get rid of this case?

There are a number of paths. One is seeking actual review by the Supreme Court. HSC and at least several of the other major groups' legal teams aren't in favor of that. Even if you could get the court to accept your petition (they only take 3-5% of cases), the chances that it will be decided the way you want aren't real good. It's a very dangerous road to take, because if the Supreme Court were to affirm the appellate court ruling on either of the main points (constitutional or statutory), there aren't many options left. The constitutional argument, of course, could be appealed to the US Supreme Court, but the statutory case about the proper interpretation of the California Education Code could not. California Supreme Court is the last stop on that road. If that happens, then you have two bad choices that I'll discuss below.

There is another much easier choice, and it's the one we want, as well as the one being trumpeted in the HSLDA petition. You ask the California Supreme Court to depublish the opinion, or, in other words, have them say that while this might have been the right result in this particular case involving this particular set of facts, the court finds that the reach of the opinion is overbroad and should not become law for the entire state. That is the choice we all (meaning HSC and, I believe, the other groups) want.

You get this by filing a letter with the Supreme Court in compliance with the applicable rules of court. While anyone can file one by stating their interest, we DO NOT think it is an appropriate use of grassroots activism. We DO NOT want every HSC member or HSLDA member or grandmother or irate citizen dashing off their letters to the Supreme Court. There are sober, measured, legal arguments to make about why depublication is appropriate, and those arguments are made after researching the applicable standards, etc. The Supreme Court will not be swayed positively by public outcry. In fact, it could backfire, and backfire badly.

If the Supreme Court affirms on the statutory points, then the two bad choices are to either seek legislation or to do nothing and hope that a further case is brought that can involve a better set of facts and better explanation of the issues (and reaching a better result). Both are very dangerous. Legislation isn't the answer because of the extraordinary strength of the teachers' union. It is unlikely we will see any legislation ultimately pass that gives us the freedom we have today. And the second choice is dangerous. I know lots of families that would make terrific test case defendants -- they're conscientious, they actually get their kids educated, they follow the laws. But we don't get to pick who the family is. As a friend of mine said, we couldn't have gotten a worse set of facts for this case if we had a contest.

We are trying to get one or more of the fanciest law firms in the state to help us on taking the fangs out of this case. We know what we're doing. Please let us do our jobs.

I would be personally, professionally, and, as a representative of HSC, globally grateful if everyone on this list would calm down and ask others to calm down. Specifically, I would ask people:

a. Not to write to the Supreme Court or any court.

b. Not to talk to their legislators or make any public statements about a need for legislation.

c. Tell their neighbors, friends, lists, groups both of the above and to educate them about the choices available and about how panic isn't necessary, marches on Sacramento aren't necessary, etc.

I wish this were the type of situation where we could put the fury, passion and energy of the members of this list to good use. Trust me, if we end up having to go the legislative route, we will have that situation at some points. But this isn't that type of situation, and too many folks stirring things up hurts instead of helps.

Thanks for listening.

Debbie Schwarzer

HSC Legal Team Co-chair

Answer 9

This is a pretty ridiculous situation for several reasons.  

Data show that the average home schooler outperforms the average public school student in standardized tests.

This law will make hundreds of children automatic truants if they continue to be educated at home.  

There are many brilliant university professors and other professionals that can teach virtually any subject from K-12.  Yet, if they do not have a teacher's credential, the state of California will consider them as unqualified to teach their children.

Does the teacher's union back this?  It would not surprise me if it did.

Where are all of the pro-choice liberals on this issue?  My guess is that they do not want the parents to choose how they will educate their children.