Liberal judges rule CA homeschools illegal...

[b]Homeschoolers' setback sends shock waves through state[/b]
SAN FRANCISCO CHRONICLE
Bob Egelko, Jill Tucker
Friday, March 7, 2008

04:00 PST LOS ANGELES -- 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."

The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential.

The parents said they also enrolled their children in Sunland Christian School, a private religious academy in Sylmar (Los Angeles County), which considers the Long children part of its independent study program and visits the home about four times a year.

The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home.

Some homeschoolers are affiliated with private or charter schools, like the Longs, but others fly under the radar completely. Many homeschooling families avoid truancy laws by registering with the state as a private school and then enroll only their own children.

Yet 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.

[b]Union pleased with ruling[/b]

The ruling was applauded by a director for the state's largest teachers union.

"We're happy," said Lloyd Porter, who is on the California Teachers Association board of directors. "We always think students should be taught by credentialed teachers, no matter what the setting."

A spokesman for the state Department of Education said the agency is reviewing the decision to determine its impact on current policies and procedures. State Superintendent of Public Instruction Jack O'Connell issued a statement saying he supports "parental choice when it comes to homeschooling."

Brad Dacus, president of the Pacific Justice Institute, which agreed earlier this week to represent Sunland Christian School and legally advise the Long family on a likely appeal to the state Supreme Court, said the appellate court ruling has set a precedent that can now be used to go after homeschoolers. "With this case law, anyone in California who is homeschooling without a teaching credential is subject to prosecution for truancy violation, which could require community service, heavy fines and possibly removal of their children under allegations of educational neglect," Dacus said.

Parents say they choose homeschooling for a variety of reasons, from religious beliefs to disillusionment with the local public schools.

Homeschooling parent Debbie Schwarzer of Los Altos said she's ready for a fight.

Schwarzer runs Oak Hill Academy out of her Santa Clara County home. It is a state-registered private school with two students, she said, noting they are her own children, ages 10 and 12. She does not have a teaching credential, but she does have a law degree.

"I'm kind of hoping some truancy officer shows up on my doorstep," she said. "I'm ready. I have damn good arguments."

She opted to teach her children at home to better meet their needs.

The ruling, Schwarzer said, "stinks."

[b]Began as child welfare case[/b]

The Long family legal battle didn't start out as a test case on the validity of homeschooling. It was a child welfare case.

A juvenile court judge looking into one child's complaint of mistreatment by Philip Long found that the children were being poorly educated but refused to order two of the children, ages 7 and 9, to be enrolled in a full-time school. He said parents in California have a right to educate their children at home.

The appeals court told the juvenile court judge to require the parents to comply with the law by enrolling their children in a school, but excluded the Sunland Christian School from enrolling the children because that institution "was willing to participate in the deprivation of the children's right to a legal education."

The decision could also affect other kinds of homeschooled children, including those enrolled in independent study or distance learning through public charter schools - a setup similar to the one the Longs have, Dacus said.

Charter school advocates disagreed, saying Thursday that charter schools are public and are required to employ only credentialed teachers to supervise students - whether in class or through independent study.

[b]Ruling will apply statewide[/b]

Michael Smith, president of the Home School Legal Defense Association, said the ruling would effectively ban homeschooling in the state.

"California is now on the path to being the only state to deny the vast majority of homeschooling parents their fundamental right to teach their own children at home," he said in a statement.

But Leslie Heimov, executive director of the Children's Law Center of Los Angeles, which represented the Longs' two children in the case, said the ruling did not change the law.

"They just affirmed that the current California law, which has been unchanged since the last time it was ruled on in the 1950s, is that children have to be educated in a public school, an accredited private school, or with an accredited tutor," she said. "If they want to send them to a private Christian school, they can, but they have to actually go to the school and be taught by teachers."

Heimov said her organization's chief concern was not the quality of the children's education, but their "being in a place daily where they would be observed by people who had a duty to ensure their ongoing safety."

:-(

[url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL]CLICK HERE[/url] to read the full article.

We homeschool our 3 children and will continue to homeschool our future children.

This is all about money and the Liberal agenda. When will people realize that PEOPLE can make their own decisions regarding their children WITHOUT the need of government interference when it comes to school.

This is not only shocking (semi shocking at least, we know it will only get worse before it gets better) but it is another atempt by the government to control every aspect of its citizens lives.

Sad.

:-( :-(

Hello...

This law effectively outlaws homeschooling if a parent or homeschool teacher does not have teaching certification from the state -- which requires both a Bachelor's Degree AND a series of state teaching courses, observations and examinations.

If you are a homeschooling parent or student, I advise that you contact your Congressmen immediately -- even if you are not in Califonia. While this ruling only affects parents and children in California, it is likely to be appealed to a higher court. The most outrageously liberal court in America is the 9th Circuit US Court of Appeals, which decides cases affecting certain West Coast states (including California, Hawaii, Alaska, Arizona, Idaho, Montana, Nevada, Oregan and Washington). A decision by the 9th Circuit to uphold the lower court decision could have widespread implications.

Teacher unions have long opposed alternative educational options for children (including vouchers and homeschooling). They are an extremely wealthy and powerful lobby, and they will want to push this case to other states. If the public outcry is loud enough, however, these unions will cower from supporting this decision. If you feel the need, you can contact your Congressmen about this issue. You could also write a letter to the editor of major newspapers in order to complain about this sort of government interference.

And to think that some liberal activist judges complain about the Patriot Act? It seems that they want BIG BROTHER in every aspect of our lives EXCEPT homeland security!

:-(

Here is [url=http://californiahomeschool.net/howTo/updates.htm]an update[/url] from the California Homeschool Netword. My wife and I are currently exploring an option to relocate to California. This doesn't make the state look very appealing from a Christian family point of view.

:-(

EDIT:
Here are the [url=http://californiahomeschool.net/howTo/B192878.PDF]actual Court document[/url] that show the Judges' "findings."

I like the idea of Home Schooling, but I have to agree with the state of *California that a teacher should have credentials to teach children, whether it be in a Christian or Secular setting. Children deserve an education that will be able to take their credits and apply them to a College or University.

Should education be mandated or should it be available? If it is to be mandated, who should have the authority to mandate it?

this is very scary. How long until we lose all our "freedoms" as Christians in the western world??

This whole affair is just another example of the tyranny of liberalism. It's typcial socialism: a few self-appointed autocrats collect all the farms under the guise of wanting to feed the people. Then once they control the supply, they use their control not to feed people, but to make them servile tools of the state.

The irony here is that California's education is an embarrasment...what in the world would cause those who have failed at education think they could instruct those who have their act together? The state of California should be asking homeschoolers for instruction on how to educate children.

MC

Wow. And to think these things are normal largely elsewhere in the world.

Hi Compliments...

I like the idea of Home Schooling, but I have to agree with the state of *California that a teacher should have credentials to teach children, whether it be in a Christian or Secular setting. Children deserve an education that will be able to take their credits and apply them to a College or University.

Besides, I also agree with the comments that the government is not supposed to be "BIG BROTHER" in every aspect of our lives. If they want to force California teaching certification on parents and children, then where will the extent of government involvement end?

:-)

Besides, I also agree with the comments that the government is not supposed to be "BIG BROTHER" in every aspect of our lives. If they want to force California teaching certification on parents and children, then where will the extent of government involvement end?

We live in a small village, and find it possible, thus far, to send our children to public school. We monitor our schools closely, but we have no reason to treat them as the enemy. These judges would change all of that. Part of what makes it possible for to trust our small town system, is the leverage to critique them afforded to us by the right and power to homeschool.

Once the state has a monopoly over your children, the constitution of the United States will have already fallen without a shot fired. These monarchial types never seem to learn how they fuel revolution with their presumption...

At the end of the day, these foolhardy laws won't stop Christians from doing what is right for their families. It may very well be that widespread persecution in America does not come as a frontal assault through the front door of the Church as in China, but sideaways in a flanking assault on her vital liberties.

MC

First heard this the day it broke on the way home from work. Something didn't quite sit right with the way it was being told. At any rate, here is a bit more to consider;

[url=http://www.hsc.org/appellatedecision]Appellate Court Case, Please Remain Calm[/url] [i]By Debbie Schwarzer HSC legal team co-chair[/i]

Thanks, Mike...

I actually read that letter earlier this afternoon. While it is doubtful that California State Troopers will begin raiding homeschools, it does give individual School Districts (considered "special districts") a legal leg to stand on for forcing parents to send their children to accredited schools (public or private). While this letter points out that it is highly unlikely for districts to press charges against parents, the possibility now exists for such prosecution.

Like this letter says, the safest way to fight it is through the Supreme Court. The current slightly conservative makeup of the Court will likely favor the parents (rather than "big government"). This is certainly a violation of parental rights. But since "parental rights" are not currently defined by the Constitution, the defense will likely proceed with a violation of the "Free Exercise clause" of the First Amendment (in which Congress cannot violate the free exercise of religious practice).

Still, it might be a good time to write Congressmen -- particularly if you are a homeschooler living in California or a western state. My wife and I may relocate to California this summer. As a result, we might also write a few letters.

:-)

Understood brother. I did fail to mention that I heard it on the local Christian radio station out here. They have a certain talk show that tends to rub me the wrong way more often than not. There was a certain sense of jumping to conclusions and that ... embellishment factor that starts raising red flags. [i]This could lead to ...[/i] is a far different cry than [i]This means you could be arrested ... etc. etc.[/i] according to one of the expert\\lawyer\\defender's they had brought on.

My aunt worked in the main school district for many, many years as an administrator. The public school system here is definitely not being exaggerated as to the poor shape it is in.

Compliments wrote
____________________________________

We can train up a child in the way of the LORD or in the way he should go when he is old he will not depart from it.
_______________________________________

The sad truth is with what is being taught in public schools today it is extremely difficult to follow this command. For 180 days out of the year, six and half hours a day, even children as young as six in some states are taught very worldly, anti-Christ curriculum. Those worldly influences can be very detrimental to a young child's growth in the Lord. I guess for me the question comes down to why put one so impressionable and unable to discern in that situation at all. Father has given me the ability to care for and raise my children in accordance with His Word so that they will grow up desiring the things in life that He has for them.

God Bless
MJ

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,..."

I'm all for good citizenship, but loyality to the state depends very much on the state of the state.

Forcing all children to be 'trained' by the state is another step towards dismantling the family, by minimising parental influence on the next generation. It is an obvious step towards a form of government that views citizens as existing for itself. It craves control.

Another interesting aspect is the form in which this was done. A single, extreme case was used to project forced schooling as being sensible and beneficial, when in fact it is neither.

PassingThru...

*edit - minor grammar correction.

As a soon-to-be teacher myself, i'd like for it to be known that public education is one of the most de-federalized institutions in the country; states school boards have all the power in determining what is taught and by whom, so the actual government is not intruding on anyone, just the appeals court in California.
However, this ruling is absolutely outrageous, and one that we should all stand against. How absurd!

I'm glad to hear that this is perhaps an overstated misunderstanding from the news. (Yet another example of why the news is untrustworthy.) But I think it's good for these legislators to see what kind of ire they raise when they touch our children...even if it was just a misunderstanding.

We should be in our prayer closet tearing down strongholds, not holding meetings on how to defend our "Constitutional Rights". Can you imagine a Chinese Christian standing up to the Communist Regime and saying, "Give us Christians the freedom to worship".

Hi Compliments,

I hear this sentiment often at SI. I can certainly imagine they would say it if they lived here. They might wonder why you aren't and why you place so little value on something they would welcome.

The early Puritans, a most spiritually minded people that we often quote around here, fled first to Holland and then to the Americas for the ability to raise their families the way they wanted to. They traded their comforts, to risk death and work hard in a wilderness for this possibility. I dare say they knew the meaning of prayer more then most of us...yet they also discovered that in addition to prayer they could also get their families out of England and then out of Holland.

The freedom to worship and to raise our families as we see fit is not a trivial liberty. Now the first century Christians lived in an empire that persecuted them not of their own choice. Even they would have gladly been thankful for liberty had Ceasar given it to them in a way that agreed with their confessions. Certainly Paul knew something about maintaining a prayer closet, yet he did not hesitate to appeal to Ceasar. If he were as spiritual as some of us are around here, I think he should have just kept his mouth shut that day he was taken in Jerusalem, and passively submitted to the Romans as they beat him, denying his rights.

If we are persecuted because we have no choice then may God be with us. Truly there must be portions of Christ's comforting fellowship that are reserved for those suffering brethren whom the world is not worthy. Yet, shame on us if we, under the guise of being heavenly minded, let our familes fall under persecution because we didn't have the good sense to take adavantage of our citizenship, or because we thought living in persecution will cure us of our worldliness. Our children will suffer more then we for such carelessness.

My apologies for the civics lecture brother!;-)

MC

Hi compliments,

Do you see what I mean?

I do now. You make some good sense.

(edit; I said I couldn't resist leaving a comment about Senator's Obama statement...but I was wrong. I can. ;-))

MC

Greetings Lisa

You wrote......

And in defense of teaching (I am also a high school teacher), I have to add that for 95% of us who teach in the public schools, we are way too busy following curriculum guidelines and standards to set aside time to teach an anti-christ agenda.

_______________________________

Let me clear up that I was not trying to imply individual teachers were plotting to teach our children an anti-Christ view, rather that the curriculum that is mandated by the states is very much in conflict with the Word of God and I do not wish to expose my children at an early age to that kind of material. For me its not just the curriculum though that is questionable but a great deal of other influences in the public school setting.

Hope that clears up what I meant

Have a great day and God Bless
MJ

dantejones wrote:
As a soon-to-be teacher myself, i'd like for it to be known that public education is one of the most de-federalized institutions in the country; states school boards have all the power in determining what is taught and by whom, so the actual government is not intruding on anyone, just the appeals court in California.
However, this ruling is absolutely outrageous, and one that we should all stand against. How absurd!

Hey dantejones,

My wife is a certified teacher with a teching degree in 1-9 to the North of you (Wisconsin). I would like to point out that you are correct in some regards of what you say.

The school baord does have a say in what is being taught, but Federal dollars are allocated either higher or lower depending on what is taught and if what is taught coinsides into what the Federal government wants to be taught.

The Teachers Union is one of the most prolific and powerful unions in America. You have a better shot going against the Teamsters then you do the Teachers Union. That is how powerful a lobby they have.

The Teachers Union is in place for one reason, and that reason is to do what is best [u]for the teacher in its union, AND for the union itself[/u], not for the children that are in the schools that those teachers work in. The union DOES NOT want kids in homeschools...Why? Less federal dollars are allocated to schools wth lower enrollments. If more and more kids pull out of governmental (city) schools, less money will be given to those schools. Which in turn means less money for teachers. Which in turn means less power for the teachers union. See where this is going?

I do want to state that I am not anti-teacher. My wife is a teacher (former at this time), and we choose to homechools our children. This is because the State manddates curriculum that we deem inappropriate. Can we get a wavier from these teachings? Yes. BUT, we do not want to put our children into a system that promotes child sex (sex ed and birth control handouts), has about 30:1 ratio student/teacher, and for the most part, our children can be taught more effectively at home where there is someone present who truly cares for their future.

I commend you for going into the schooling industry. For the most part, teachers do want whats best for the students. I do not know one teacher that "is in it for the moeny" since there is not much included with it. Its good old Big Brother that I have issues with.

Blessings

This thread confirms to me that schooling is perhaps the most explosive issue in America, even beyond abortion and legalized civil unions. I wonder if our brethren from other nations looking in can understand the volaitility of this issue to American Christians. The ability to home school represents the last remaining flames of the American revolution for liberty...and if the United States government wants to really see the drowsy church mobilized and radicalized from sea to shining sea...let them try and take away the home school. There will be both spiritual and civil convictions stirred up. If the social engineers are smart, they would let sleeping Christians keep sleeping.

This quietly rumbling volcanoe of an issue has the power to truly awaken the sleeping giant within these borders like no other. Would such an awakening represent a 'great awakening?' I could not say, but I do know that for the love of their children's souls, even the most compromising segments of the American church would be forced to choose sides on this issue.

If I seem radical on this issue, I'm not a tenth as radial as I could become...currently I'm not even a homeschool parent! (We were just a few years ago.) But I understand that I am benifitting from homsechoolers; everyone, both friend and foe alike understands that homeschooling parents give all parents the ability to critique their local tax-funded system. Without homeschooling's challenge to state education...well consider the ramifications of a state monopoly on mind molding.

MC

"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.

I met a brother from Germany recently. Their supreme court ruled against home schooling. The purpose was stated, according to my brother, To prevent groups of individuals from forming societies outside of the main stream German society. He is considering moving to another country that allows homeschooling.

Just a thought.

In Christ
Jeff

He is considering moving to another country that allows homeschooling.

We'll take him. :-)

MC

I just would like to encourage anyone who does sent their kids to public school to have [i][b]real[/b][/i] times of discipleship. I know of families who send their children to public school for hours a day, yet don't spent 2 hours a week outside of a church service teaching them from the Bible. Or not even necessarily straight from the Bible (as in verse after verse) but things that relate to a Christian world view.

As far as rights are concerned, I see the subject of educating children to be much more than a right but a command. I'm a single guy but if God ever gives me a family I do have some strong views on education in the family. Maybe one day I'll loosen up or reality will hit, but right now I feel pretty strongly about it.

Deu 6:4 \t Hear, O Israel: The LORD our God [is] one LORD:
Deu 6:5 \tAnd thou shalt love the LORD thy God with all thine heart, and with all thy soul, and with all thy might.
Deu 6:6 \tAnd these words, which I command thee this day, shall be in thine heart:
Deu 6:7 \tAnd thou shalt teach them diligently unto thy children, and shalt talk of them when thou sittest in thine house, and when thou walkest by the way, and when thou liest down, and when thou risest up.

Right after God told Israel to love him, He said to teach your children. I think the two things are linked together.

here a update I just got on this topic,
======================================================================
From the HSLDA E-lert Service...
======================================================================

HSLDA: Update--Defending Homeschool Freedom in California

Dear HSLDA Members and Friends:

The following is an update on the developing situation in California
from Michael Farris, Chairman, Home School Legal Defense Association.

State Superintendent Supports Homeschooling

On Tuesday, March 11, Jack O'Connell, California Superintendent of
Public Instruction, announced that he believed that homeschooling is
still legal in California. O'Connell's statement is welcome news. To
read it visit http://hslda.org/elink.asp?ID=4893 . Some might
conclude that the statement ends the controversy. However, it is not
the end of the matter; it is just an important step along the way.

His clarifying statement was probably the result of the massive public
outcry against the February 28 decision of the California Court of
Appeal which effectively ruled that homeschooling is illegal in
California unless conducted by a credentialed teacher and that parents
have no constitutional right to homeschool.

O'Connell's statement is helpful, but the courts will undoubtedly take
the position that their determination of the meaning of state law is
final even though they should give serious deference to the position
of the Superintendent of Public Instruction.

It should also be remembered that local school districts make the
decision about when to initiate prosecutions for truancy, and they are
not officially controlled by the state agency on these matters.
However, many local officials may be influenced by O'Connell's
positive statement.

Did the February 28 Ruling Intend to Affect All Homeschooling
Families?

Some have contended that the decision of the Court of Appeal in In Re
Rachel L. only affects that particular family. While a court order can
only direct one family to stop homeschooling, the case clearly sets a
legal precedent that will be binding against all other families if
this case is not reversed. (Technically, the decision is binding only
in the Second District which consists of Los Angeles, San Luis Obispo,
Santa Barbara, and Ventura counties. However, other appellate
districts will normally treat it as persuasive precedent. If ratified
by the Supreme Court of California, it formally binds all California
counties.)