Homeschooling Maybe Ruled Illegal In the State of CA! A Must Read!

7 03 2008

If you are a homeschooling parent you need to read this!  I found this on albertmohler.com.  He is the president of the Southern Seminary that my husband attends.  He wrote on the decision this week that will make homeschooling illegal in the state of CA!  This can not go past our radar and needs to have our attention so that those of us that have chosen to homeschool will stand up for what we believe in. 

 This is what Albert Mohler had to say.

A Bolt From the Blue — A Homeschooling Decision in California

Like a bolt from the blue, a California appeals court has ruled that the state’s parents have no constitutional right to homeschool their own children. In a flash, a child welfare case that no one had noticed has become a flash point of controversy in the nation. Will homeschooling be ruled illegal in California?

Here is how The San Francisco Chronicle introduced the story:

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.”

From The Los Angeles Times:

Parents who lack teaching credentials cannot educate their children at home, according to a state appellate court ruling that is sending waves of fear through California’s home schooling families. Advocates for the families vowed to appeal the decision to the state Supreme Court. Enforcement until then appears unlikely, but if the ruling stands, home-schooling supporters say California will have the most regressive law in the nation. “This decision is a direct hit against every home schooler in California,” said Brad Dacus, president of the Pacific Justice Institute, which represents the Sunland Christian School, which specializes in religious home schooling. “If the state Supreme Court does not reverse this . . . there will be nothing to prevent home-school witch hunts from being implemented in every corner of the state of California.”

The court’s decision states that California’s compulsory education statute does not allow for parents to teach their own children as an exemption. Instead, the only teachers qualified to teach children under the law are those with official teaching credentials.

The decision is sending shockwaves across the homeschooling movement nationwide. In California alone, over 160,000 families homeschool their own children. Some believe that the number is actually far higher.

In an event, the requirement of teacher credentials has long been used by the public school systems and teacher unions as a ploy to shut down competition.

In the most important section of the court’s ruling, the 3-judge panel ruled that California parents have no constitutional right to educate their own children. As the decision reads [see full text here]:

The trial court’s reason for declining to order public or private schooling for the

children was its belief that parents have a constitutional right to school their children in their own home. However, California courts have held that under provisions in the Education Code, parents do not have a constitutional right to home school their children. Thus, while the petition for extraordinary writ asserts that the trial court’s refusal to order attendance in a public or private school was an abuse of discretion, we find the refusal was actually an error of law.

The words, “parents do not have a constitutional right to home school their children,” is nothing less than explosive. Even as the court’s decision is expected to be stayed pending appeal, some parents are already making clear that they will move their families from the state if necessary.

As The Los Angeles Times reports:

Glenn and Kathleen, a Sacramento-area couple who requested that their last name not be used for fear of prosecution, home school their 9-year-old son Hunter because their Christian beliefs would be contradicted in a public school setting, Glenn said. He is troubled by the idea that his son would be exposed to teachings about evolution, homosexuality, same-sex marriage and sex education .”I want to have control over what goes in my son’s head, not what’s put in there by people who might be on the far left who have their own ideas about indoctrinating kids,” he said. If the ruling takes effect, Glenn vowed to move his family out of state. “If I can’t home school my son in California, we’re going to have to end up leaving California. That’s how important it is to me.”

This is a controversy that demands the attention of all parents. After all, if parents have no constitutional right to educate their own children, what other aspects of the parent’s choices for their own children lack protection? This question reaches far beyond educational decisions.

End of post by Dr. Mohler, you can always find more at albertmohler.com.

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8 responses

7 03 2008
COD

There is absolutely no threat to homeschoolers from the proceedings there. One family with a long and documented history of runs ins with child welfare in CA was homeschooling without properly registering their home as a private school in CA. They got caught. They tried to hide behind homeschool laws that don’t exist and the judge called them on it. So now they are crying religious persecution.

This is a child welfare issue, not a homeschooling issue. More details are available at http://docsdomain.net/blog/?p=663

7 03 2008
mommy2myblessings

I have posted an entry about this as well. This situation is more insidious than some may think.

You can read my take on this matter here:

http://www.thefullquiverhomeschoolhouse.wordpress.com

7 03 2008
ferrarohome

COD, thank you for your comments, but I have to disagree with you. I agree with the review by Dr. Dobson and mommy2myblessing. I have read the court documents and see it a little different than you do. Have a great day.

8 03 2008
rimofheaven

As California goes so goes the nation, or so it has been said. My first thought is: What are people thinking? Second: What are they really after? Is home schooling an epidemic or a movement? Unfortunately, in more liberal circles it is viewed as a epidemic, and the myths and stereo types about home schooling are seen as truth. However, the myths are not the reason for this attack. This is a direct strike aimed at faith based upbringing. The credentialing issue is merely a smoke screen, or means to an end. The home school movement is up against an even stronger movement to have children socialized as the state sees fit. I decided to home school daughters because I did not agree with the moral agenda hidden – or sometimes not do hidden – within the public school curriculum. They are now 10 and 8 years old, and sometimes I can only shake my head and thank God when observe the differences between my daughters behavior versus the behavior of thier friends. My girls exercise good moral judgment most of the time. They make mistakes, but they care when they do. It is this differnece that is really under attack. Now, what do we do about it?

8 03 2008
missy

I also blogged about this today. The commenter COD above is misinformed. This quote alone is enough to clarify this issue for anyone confused whether or not we should worry:

“Parents do not have a constitutional right to home school their children,” wrote Justice H. Walter Croskey in a Feb. 28 opinion signed by the two other members of the district court.

That is incredibly frightening.

And incredibly infuriating.

9 03 2008
keilis

Hi, you don’t know me, but I saw this featured on the WordPress homepage. I’m a homeschool graduate. I didn’t see it mentioned, so I thought I’d share that the Homeschool Legal Defense Association (HSLDA) is taking action to fight this, and they have started a petition in support of homeschooling freedom on California. It can be found at their website http://www.hslda.org.

9 03 2008
reversetheruling

Reverse The Ruling is a new website and blog about this issue. Sign a Petition to Reverse the Ruling. This ruling egregiously infringes on homeschoolers civil rights and could roll back the clock decades if left unchecked.

http://www.ReversetheRuling.com
http://www.reversetheruling.wordpress.com

9 03 2008
ferrarohome

Thank you everyone for your comments! Yes, there is a petition going around, not sure if it is the same one that Dr. Dobson has, but I signed that one. Hopefully with HSLDA, God will work for His glory in all of this.

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