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California Appellate Ruling- What does it mean?
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ArkansasHomeschooler
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Joined: 01 Mar 2008
Posts: 41

PostPosted: Fri Mar 07, 2008 9:26 pm    Post subject: Reply with quote

Miss_Kristy wrote:


Am I the only one freaking out here? The thought of being told to send my kids back to PS is terrifying!


No, you aren't the only one. I got an email about this from AOP, and felt ill.

This sort of thing is why I belong to the Education Alliance.
http://www.arkansashomeschool.org/

Sheila
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elliemaejune
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PostPosted: Sat Mar 08, 2008 9:45 pm    Post subject: Reply with quote

Miss_Kristy wrote:
Jazzy wrote:
Yes, if this stands, I suspect more states will try it.


Am I the only one freaking out here? The thought of being told to send my kids back to PS is terrifying!


Don't be terrified. Stand up for your right to decide how your children should be educated. Homeschoolers in the 80s went to their capitols and to courts in many states to do just that. You can do it, too. Make us proud! Be all you can be!
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momo3boys
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PostPosted: Sun Mar 09, 2008 8:11 am    Post subject: Reply with quote

THis is definetlye a time for all of us to band together and not in-fight. we don't have the privieldge. regardless of our differences in politics and religion, we have one thing is common we love our children and we want to keep them home with us. If the CA group has a petition then send the link and we should ALL sign both of them, that would send a message!!! Mad
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Sandy
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PostPosted: Mon Mar 10, 2008 3:35 pm    Post subject: Reply with quote

I haven't been following this too closely, but I'm curious if any of the presidential hopefuls have spoken out at all about this ruling. Anyone know?
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Theodore
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PostPosted: Mon Mar 10, 2008 9:30 pm    Post subject: Reply with quote

Schwartzenegger did, don't know if he counts Smile
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reallyfedupnow
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PostPosted: Wed Mar 12, 2008 12:31 am    Post subject: Calif Law Red Flag Reply with quote

NO TIME FOR SCHOOL -- We must nip this one in the bud. What happened to the Pledge of Allegiance, dodge ball, the paint easel -- and oh, yeah, the ENGLISH-SPEAKING fire chief or captain in Oregon that got dismissed from his job because the crew hired under him couldn't speak his language.

A CHILD'S RIGHT TO AN EDUCATION: Focus on the child.
Our government has a system to protect children in abusive and neglectful situations. Murdered, neglected and abused children in government-placed homes are not insignificant. The scapegoat of fund shortages elicits guilt burdened citizens to ante-up for a system which cannot manage itself even for the protection of these children. What do we do-- take more control from those who not only have grave concern for the welfare of our own, but can actually manage to protect and even nurture them. Sincere teachers testing young robots, a lack of skate parks & creative outlets has led to an epidemic of obesity, diabetes, anxiety & school shootings. The system tells our kids, "keep your heads down, don't pray, don't have fun, don't sing carols, don't be patriotic, but keep popping your pills and feel proud of those test scores & attendance records. After all, it's apple pie and the American Way. Homeschooling isn't about quality of teachers, it's about a system that can no longer listen, learn, nor apply what it's taught and likes shiny pens and award plaques.

Please write the letters. This is getting pretty creepy.
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Ophelia
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PostPosted: Wed Mar 12, 2008 10:27 am    Post subject: Reply with quote

I just received this link in my email. I guess this is the right thread for it.

http://www.homeedmag.com/blogs/closer_look/?cat=41
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Rhodes Family
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Joined: 17 Jun 2007
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PostPosted: Wed Mar 12, 2008 12:02 pm    Post subject: Reply with quote

I received this by email today:

======================================================================
From the HSLDA E-lert Service...
======================================================================


March 11, 2008

An update to HSLDA Members and Friends on the California Court of
Appeal Decision on Homeschooling:

State Superintendent of Public Instruction Jack O'Connell comes to the
defense of homeschool families. "The California Department of
Education policy will not change in any way as a result of this
ruling. Parents still have the right to homeschool in this state," he
said.

After the Court of Appeal for the Second Appellate District in Los
Angeles ruled on February 28 that parents had to be credentialed
teachers to educate their own children the statement from O'Connell is
encouraging news for the homeschool community.

"O'Connell has it right," said Michael Farris, Chairman of HSLDA. "But
the court decision must still be overturned before homeschool freedom
can be restored in California."

The Court of Appeal ruling shocked the homeschool community because in
one sweeping decision it effectively outlawed homeschooling.

"We hope the statement from O'Connell puts the brakes on any
enforcement action," said Farris.

HSLDA will be pursuing several legal options, including seeking review
by the California Supreme Court and petitioning the same court to
depublish the opinion in order to return California to being a state
where a family can legally homeschool in California without fear.

"We have just started the legal battle to restore homeschool freedom
in California," said Farris.

To visit HSLDA's Info page on this court decision, which has the legal
status, link to the decision, and info on legal grounds for
homeschooling in California, use this link:
http://hslda.org/elink.asp?ID=4890

Ian Slatter
Director of Media Relations
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ArkansasHomeschooler
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Joined: 01 Mar 2008
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PostPosted: Thu Mar 13, 2008 12:33 pm    Post subject: Reply with quote

This is what I found in my email today:

======================================================================
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.)

There are two basic issues in the case:

1. Does state law allow parents to homeschool without a state teaching
credential?

2. If not, is this law unconstitutional?

Below are three short quotations from the case which give the clear
answer:

"It is clear to us that enrollment and attendance in a public
full-time day school is required by California law for minor children
unless (1) the child is enrolled in a private full-time day school and
actually attends that private school, (2) the child is tutored by a
person holding a valid state teaching credential for the grade being
taught."

"California courts have held that under provisions in the Education
Code, parents do not have a constitutional right to school their
children in their own home."

"We agree with the Shinn court's statement that 'the educational
program of the State of California was designed to promote the general
welfare of all the people and was not designed to accommodate the
personal ideas of any individual in the field of education."

In the first quote the court makes it clear that it believes that
parents may not operate their own private schools. In the second they
deny that a parent has a constitutional right to homeschool, and in
the third they concur that California law does not accommodate parents
pursuing their own education program for their children.

As you can see, the decision is categorical and was not written to be
limited to just the facts of this case.

Due to the scope of the court decision, HSLDA is pleased to be working
with other self-identified pro-homeschooling organizations, including
Christian Home Educators Association of California (CHEA), Homeschool
Association of California (HSC), California Homeschool Network (CHN),
and Family Protection Ministries (FPM) in order to oppose this ruling.
We are all in this one together.


What is HSLDA's Immediate Plan of Action?

We plan to:

1. Support the family's petition for review to the California Supreme
Court.

2. File an amicus brief on behalf of all our members, and others we
represent, if the California Supreme Court accepts the case for
review.



What Can California Homeschoolers Expect in the Short Run?

We believe that it is highly unlikely that local officials will begin
proceedings against homeschool families until this present case is
resolved.

This ruling has obviously caused great concern among California
homeschoolers. We want to remind all California homeschoolers that you
should stay calm in the face of this decision. Please continue to
operate your homeschool, because we believe that our interpretation of
the law is correct and will ultimately prevail in the court system.

We must remain vigilant, however. If you are a member of HSLDA, and
you are contacted by a school district, please contact HSLDA
immediately.



Long-Range Solution


On another front, later today I am meeting with a half-dozen
congressmen to plan a strategy to push for a constitutional amendment
on parental rights. We have been receiving numerous calls from members
of Congress wanting to respond to this decision. See
http://hslda.org/elink.asp?ID=4891 for more information.


Final Thoughts/Conclusion

The way the homeschool law has worked in California for the past two
decades has been successful for all homeschoolers. If we can keep
what we have today that would be a significant victory for homeschool
freedom.

We also understand that the current situation has caused much stress
for California homeschool families. We are praying, and we encourage
you to pray, that the threat we face will be swiftly removed and that
homeschool freedom in California will be preserved.

We have seen God's hand of protection on the homeschooling movement
for the 25 years we have been working together for this cause. There
is no reason to begin to doubt God now.


Michael Farris
Chairman, Home School Legal Defense Association

----------------------------------------------------------------------
-> Will your friends stand by you in trouble?

They will if you're an HSLDA member and your homeschool is
threatened. HSLDA is ready to stand by your side along with
80,000 other homeschool families.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1105

----------------------------------------------------------------------
======================================================================
The HSLDA E-lert Service is a service of:

Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org

----------------------------------------------------------------------
How To Subscribe:

- Subscribe to the HSLDA E-lert Service at our website:

https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe

- Or send an email with name and complete mailing address to:

subscribe@hslda.org

----------------------------------------------------------------------
Subscription Information:



- To unsubscribe from the HSLDA E-lert Service send an email from
the email address you want to unsubscribe to:

unsubscribe@hslda.org

- To change your email address or make other changes to your
subscription, visit the HSLDA E-lert Service account web page at:

https://secure.hslda.org/hslda/elert/account.asp
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momo3boys
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PostPosted: Thu Mar 13, 2008 12:49 pm    Post subject: Reply with quote

After reading the letter from HSLDA I feel like it was never legal to homeschool children in CA. They said that it was public or private, and that the private option was for credentialed teachers. I don't see where homeschooling in CA was ever legal? Confused
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elliemaejune
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PostPosted: Thu Mar 13, 2008 1:58 pm    Post subject: Reply with quote

momo3boys wrote:
After reading the letter from HSLDA I feel like it was never legal to homeschool children in CA. They said that it was public or private, and that the private option was for credentialed teachers. I don't see where homeschooling in CA was ever legal? Confused


I think you must have misunderstood.

It has always been HSLDA's position that it is legal to homeschool in California via the private school option. Private schools in California do not require certified teachers. It is the current court opinion that says that homeschooling parents must be credentialed, and HSLDA is disupting that.
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momo3boys
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PostPosted: Thu Mar 13, 2008 9:11 pm    Post subject: Reply with quote

This is a quote from a briefing about the case.

Quote:
The parents have not demonstrated that mother has a teaching
credential such that the children can be said to be receiving an
education from a credentialed tutor. It is clear that the education
of the children at their home, whatever the quality of that
education, does not qualify for the private full-time day school or
credentialed tutor exemptions from compulsory education in a public
full-time day school."

The court explained that even if the Sunland Christian school
was a public charter school, enrollment in it did not "excuse the
statutory requirement that tutors be credentialed if their students
are to come within the tutor exemption to compulsory public school
education."


Is it because the school was a charter school instead of a private school? that seems ridiculous. and petty!
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elliemaejune
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PostPosted: Thu Mar 13, 2008 9:36 pm    Post subject: Reply with quote

momo3boys wrote:
Is it because the school was a charter school instead of a private school? that seems ridiculous. and petty!


Sunland Christian School is a private school, not a public school (charter schools are public schools). It only enrolls homeschooled children.
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momo3boys
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PostPosted: Sun Mar 16, 2008 1:14 pm    Post subject: Reply with quote

In this case, a California court did offer an opinion about the
rights of a family to homeschool. In the process of detailing the
court's reasoning for its decision, the court made certain
statements. The case is entitled: In Re: Rachel L. et al., Persons
Coming Under the Juvenile Court Law, JONATHAN L. and MARY GRACE L.,
Petitioners, Versus SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE
COUNTY OF LOS ANGELES, Respondent. It can be found in its entirety
at the state of California's government link to the judicial branch:
http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF

This is where it is supposed to be written, my pdf is messed up right now so i don't know id this is legit or not. let me know what you all find out. If the sundland christian school is a private school, and found to be not ok for the parents to teach without credentials, I'm still confused? Confused
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CredentialedTeacher
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PostPosted: Wed Mar 26, 2008 12:15 am    Post subject: Confusion about homeschooling organizations Reply with quote

I have called around to different homeschooling organizations. Each one is adamant that they are exempt from the law (for various and sundry reasons); however, from reading the analysis here in this forum, it appears that they shouldn't be too sure.

I don't believe that we yet know the final outcome, a process that may yet go through several permutations before the dust settles.

In the meantime, parents don't need to be fearful. They can easily elicit the involvement of credentialed teachers. There are many who are being laid off due to budget cuts and are available to provide the needed legitimacy for any homeschooling family.

K Williams
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