7 March 2008
Legality of Home Schooling in the Courts
Posted by Joy Bischoff under: Constitution in Peril; What's News .
Thank you to Sharon Anderson for bringing this to our attention.
Home Schooling Found Unlawful by California Court of Appeal
Los Angeles – In a stunning decision affecting thousands of families in California, the California Court of Appeal has issued an opinion finding no legal right to home school. “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,” wrote Justice H. Walter Croskey whose opinion was joined by the other two members of the appellate panel.
The opinion was issued February 28, 2008, in a case titled In re Rachel L, which reversed a Superior Court Judge, Stephen Marpet, who found that “parents have a constitutional right to school their children in their own home.” The parents of Rachel L. enrolled her in Sunland Christian School, a private home schooling program. In his opinion, Croskey, 75, described what he called the “ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credentialed parent.”
Despite this statement by the Court, it should be noted that Sunland Christian School has been in full compliance with the requirements of the law for more than twenty years. “We’ve never been given an opportunity to represent our case in the Court of Appeal,” said Terry Neven, the president of the school. “Consequently, we are excited that PJI will represent us before the California Supreme Court so that the rights of home schooling families are preserved,” he stated further. In a section titled “Consequences of Parental Denial of a Legal Education,” the Court said that “parents are subject to being ordered to enroll their children in an appropriate school or education program and provide proof of enrollment to the court, and willful failure to comply with such an order may be punished by a fine for civil contempt.” “The scope of this decision by the appellate court is breathtaking.
It not only attacks traditional home schooling, but also calls into question home schooling through charter schools and teaching children at home via independent study through public and private schools,” stated Brad Dacus, president of the Pacific Justice Institute “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 continued. (www.pji.org)
15 Comments so far...
Jesse Says:
7 March 2008 at 12:45 am.
I sure hope this time it isn’t true how they say as CA goes, so goes the rest of the nation. Millions of people home school including a lot of my friends. This would be terrible.
Matt Says:
7 March 2008 at 10:22 am.
This is just bad. The courts are so out of control:
Homeschoolers’ setback sends shock waves through state
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 homeschooling movement never saw the case coming.
“At first, there was a sense of, ‘No way,’ ” said homeschool parent Loren Mavromati, a resident of Redondo Beach (Los Angeles County) who is active with a homeschool association. “Then there was a little bit of fear. I think it has moved now into indignation.”
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL
E.E. Says:
7 March 2008 at 10:34 am.
I live in CA and have friends that home school. This is going to freak them out.
Cavetrollhead Says:
7 March 2008 at 12:52 pm.
This makes me so mad I am about ready for a revolution. I hope your tails aren’t reading this Joy, and I know you wouldn’t approve, but I am damn mad! Who’s kids do they think they are Uncle Sam’s?!!! They are MY KIDS and I am going to raise them my way or I may be moving to another country. This is outrageous and vile. Stalin is reincarnated in the courts and his name is Legion!
Joy Bischoff Says:
7 March 2008 at 1:08 pm.
I have to admit, Cave, I’m pretty shocked at how brazen this is. Makes me think I ought to blog about courts and the trend away from following the Constitution. Very nasty stuff.
E.E. Says:
7 March 2008 at 1:14 pm.
Jason Lewis is in for Rush today. He just said the education system is the greatest monopoly. He says lets call it what it is. Government schools which are for the benefit of the teacher’s union. He is blasting the CA court for this ruling and says the nanny state strikes again. He said a monopoly like this would make microsoft blush.
Education takes more than the department of defense. He just said that this is a betrayal by the liberals within the republican party. To support this union grows big government and to try and appease them makes us liberal.
Mac Says:
7 March 2008 at 1:21 pm.
@#(*$&%%#@$_)*&$(
and that’s all I have to say about the matter
tony Says:
7 March 2008 at 1:25 pm.
holy crap this is horrible…..i was home schooled and i have three younger siblings that are being home schooled. if this moves to other states we are in trouble….
your right cave,they are not uncle sam’s and they have no right to do this.
Stumpy Says:
7 March 2008 at 1:25 pm.
HEY MODERATORS!
Thats it. I want this fella outa here. I am so dam offended. He cant talk like that around here. Boot his butt NOW. and while yer at it kick out that dam judge in california to.
Mac Says:
7 March 2008 at 1:28 pm.
haha, hey tony, look at the time on the comments. You and good ole Stumpy hit buttons at the same time. He was talking to me not you so don’t worry. Wow, so this really hits home for you and your family. Badbadbad
T. Fan Says:
7 March 2008 at 2:42 pm.
There really aren’t words strong enough to describe this kind of gestapo action. Stumpy I think that dam you are talking about is going to break if this thing is upheld. The bad thing is, even if it isn’t upheld, they usually gain ground bit by bit like gay marriage until it finally happens. Something has to turn around.
Nalvy Says:
7 March 2008 at 5:22 pm.
This is sickening!!!
My aunt homeschools all six of her children and it is all legit!! I hope those stupid friggin judges realized that their schools are going to have problems fitting all those children. Overcrowding is going to occur and other problems… honestly since when did it matter how people got their education??? For centuries people have been taught at home or by some other means…of course those tended to be ones who could not make it to a school but honestly it doesnt matter!!!
Outrageous..simply outrageous!!!!! BLEGH!!! I am so upset i can even continue typing!!!
Cavetrollhead Says:
7 March 2008 at 6:27 pm.
I was gonna say the same thing Mac but I was afraid of getting banned from my site.
BTW, my only daughter is doing great in public school. Top of the class. So I am not so concerned for her. It is like gun rights. I don’t own a hand gun and I possibly never will, but when it looks like they will make owning a gun illegal, I will buy one.
My only son on the other hand has a speech disability. Therefore I am thinking of home schooling him. He is four years old and he is very bright. He plays chess (legitimately) and scores very high on aptitude tests. But I am afraid that public schools will stunt him and teach him how to use drugs, vulgarity, abusive social tactics- not to mention teaching him about a gay lifestyle in the name of sexual “education.”
One liberty I will not abdicate is the raising of my own children!!!! They are more precious to me than ANYTHING and I mean ANYTHING and when it comes down to obeying the law guiding my precious ones, well Uncle Sam, God bless him, be damned if he comes between us. This makes me so mad that my hands are shaking.
I am going to become very involved lest leaving the country is my only choice. (unless they make that illegal too!)
Nalvy me too!!
T. Fan the dam is breaking alright. I am foaming at the mouth.
Stumpy Says:
7 March 2008 at 6:55 pm.
good boy - and good father
Jeezer Says:
8 March 2008 at 12:13 pm.
There is to much of an uproar this time around. I just hope this doesn’t turn out like the gay thing where they keep using the courts to soften the public up and get us use to the idea.
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