March 9, 2008 7:54 AM
California judge: homeschooling illegal - sign petition now!
In one of those legislative coups by a member of the judiciary, a California judge ruling on one particular family's situation has issued a sweeping indictment of homeschooling in California.
This should send a chill up any parent's spine - whether you homeschool or not. In a country where "freedom of choice" means any mother has the power of life and death over her baby, how irrational is it when once that baby is born you no longer have a choice at all?
Though the family whose case led to this politically huge decision was not represented by the Home School Legal Defense Association (HSLDA - an organization EVERY homeschooling family needs to join in order to be protected against government intrusion - as well as to support the many resources they offer homeschooling families), HSLDA is responding by filing an amicus brief on behalf of 13,500 member California families.
Here is their statement - and also scroll to the bottom for the link to a petition for any concerned citizen to sign:
Response to Ruling of California Court of Appeal
‘Homeschooling is Illegal in California’On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.
This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.
There are two appellate options at this time.
First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.
HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.
The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.
HSLDA will take the lead in an effort to seek to have this case depublished.
Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family's beliefs.
The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.
Please sign the petition here.
Thanks to alerts from a flood of readers. Don't forget to pray.
Posted in Current Affairs, Homeschooling | Permalink
Comments
Wonderful. (Sarcasm.) Is this where we are heading now? California seems to think children belong to the state instead of their parents.
Posted by: Michelle Potter | March 9, 2008 11:29 AM
I got this from a friend, too. I was horrified! I signed the petition right away. I don't homeschool, but I strongly believe that parents should have that right. Thanks for posting about this on your blog.
Posted by: Lucy | March 9, 2008 11:36 AM
This is probably a silly question: are signatures of non-California residents relevant here? Would the opinion of those of us living outside CA be attributed any weight at all, since this is a state-specific issue? I am inclined to sign, but wondering if it would do any good.
Posted by: Marisa | March 9, 2008 12:40 PM
Thanks for telling us about this petition. I've been horrified in discussing this issue with people that they think their own opinions on how homeschooling kids come out, or the types of people who homeschool, should have any bearing on a family's right to bring their child up as they choose. There is no constitutional basis for outlawing homeschooling, and this judgment is ridiculous and over-reaching.
Posted by: Gen | March 9, 2008 12:57 PM
Thanks for posting this, Barbara. I read some encouraging news in the Sacramento Bee yesterday. Gov. Arnold Schwartzenegger is backing up the homeschoolers, and has issued a very encouraging statement. I just want to thank everyone who is signing this petition. Thank you from the bottom of my heart, and thanks for praying for the homeschoolers in California. Please remember to pray also, for HSLDA as they fight the good fight.
-Lisa from California
Posted by: Lisa from CA | March 9, 2008 1:56 PM
It figures. First there is a law in California that the school curriculum must contain lessons portraying gays in a positive light, to the point where you can't even say mom and dad without portraying a family with two same sex parents.
Then the law says that parents can NOT opt out of these lessons. The child must be in class for them. This will be all over the state. Then there is a major exodus planned of students leaving the public school. So now the judge comes out and tries to outlaw home schooling. Is the timing suspicious or what. These people are determined to educate people to value homosexuality. In the process they will teach kids to sexualize all affectionate feelings and try out homosexual sex to see if they like it. Of course, it is the act that is the sin, not the orientation. So to tell people to "try it to see if you like it" will lead people into sin that they normally wouldn't commit. This is where public school in California is going, and they don't want you to leave the public school.
And they say there is no gay agenda, but I see otherwise. I don't hate gays. I love gays. But I want them to repent, and turn to Jesus, so they won't go to hell. And I don't want them to marry each other, or to dictate the education of our children.
And another thing. Why do all the anti-bullying programs in schools emphasis gays? Aren't there other types of kids who get persecuted too? Does Sally or Johnny's pain not count, just because they don't screw their own gender? If you are ADHD, or learning disabled, or a little nerdish there are no special awareness days for kids like you, no special silences, no special ribbons, or clothes, or anything. Only the gays get called brave for coming to school every day.
Don't get me wrong, even though I see the gay sex act as a sin, I do not believe in persecuting gays. I just wonder why they are the only ones whose pain seems to count for anything.
Posted by: Ceecee | March 9, 2008 4:30 PM
The state has now crossed the line! Parents have the right to educate their children, especially since the public schools are doing such a poor job. The government is invading areas where they just do not belong. It is just another slow step towards totalitarianism. Is this really where we want our country to go? I will definitely be fighting for the right to do what is best for my family and that includes educating my children in the values and the environment of my choosing.
Posted by: Kellie | March 11, 2008 11:53 AM
We're here for you in Tennessee! We are about to come under attack ourselves!! Christy from Tennessee
Posted by: Christy | March 11, 2008 2:37 PM
I was a homeschooler in my state, NY and the fact that the California Dept of Edu. is demanding that children return to school is outrageous. But the fact remains that under the pretense of concern for the children's complete anti-christian (....oopps did I say that out loud) social development, anyone reading this would understand that this legal fight is only about the school's loss of funding once a child is not attending their school. It is a pity that the CDE does not have the same outrage and passion when high school student voluntarily drop out of school....
Posted by: Gwen | March 14, 2008 10:25 PM
