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Calif. Homeschoolers to Battle for Rights in Appeals Court

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A coalition of legal and homeschooling advocate organizations are scrambling to argue for the rights of families in California to homeschool their children.

In an amicus brief, The American Center for Law and Justice (ACLJ), Western Center for Law & Policy, American Civil Rights Union, Christian Leaders, and Jewish Homeschoolers of Napa and Sonoma Counties have petitioned to have the Calif. Court of Appeals rehear a ruling that left thousands of homeschooling families in protest.

The pro-homeschooling coalition argues that the court ruling is unconstitutional, claiming that parents are protected in their right to educate their own children with their own values under the First Amendment Free Speech and Free Exercise Clauses. The appeals court has agreed to rehear the case.

In February, homeschoolers in California were thrown into a panic after the state’s 2nd District Court of Appeals ruled that homeschoolers are only exempt from the state’s compulsory school system if one of their parents is a certified tutor – a steep qualification requiring examinations and countless documents.

"Parents do not have a constitutional right to home school their children," Justice H. Walter Croskey wrote in his summary opinion of the Feb. 28 ruling.

Many homeschoolers had been previously exempt from compulsory public schooling through their registration as private school students at the numerous self-run homeschooling associations throughout the state.

"Parents have a right to protect their children from forced government indoctrination," said ACLJ attorney Jacqueline Michelle Schaffer in a statement.

"They also have a right to direct the religious upbringing and education of their children. The First Amendment of the United States Constitution guarantees these rights to every American,” she added.

The California 2nd District Court of Appeals was originally prompted to make its homeschool ruling after two homeschoolers allegedly claimed to have been abused by their parents. The children were taught by their mother, Mary Long, who lacked state recognized teaching credentials.

According to the California-based Pacific Justice Institute, there are an estimated 160,000 homeschoolers in California.

Comments

Most recent comments
  • Hillbilly4Christ
    Thu May 22, 2008 7:39 pm : 1 : 0 Flag

    Homeschooling is a GREAT tool for Christian families who dont want their children exposed to secular teachings. We all need to pray for these children

  • Hillbilly4Christ
    Thu May 22, 2008 7:37 pm : 1 : 0 Flag

    Yeah this is california for you they let gays marry, but wont let you school your kids at home. Why we ask, well i guess they want to teach our kids that its ok to be gay, and what if their young shaping minds bought into that garbage, well that whole state will become extinct in a hundred years because reproduction dont work the gay way. Way to go california

  • believer
    Thu May 22, 2008 6:57 pm : 1 : 0 Flag

    redward the standards for homeschooling are in place already in a majority of states, the normal standard deals with academic testing to ensure that those children who are homeschooled are on par with public school students and therefore receiving a proper and balanced education and in many cases when the test results come in the homeschooled students are well ahead of those in students in the public school, some states or school districts also require the parents to turn in progrees reports as well, but the issue is certification of those instructing their children at home which some homeschoolers believe is an attempt by the California Board of Education to do away with a majority of homeschoolers in their state.

  • redward
    Thu May 22, 2008 4:05 pm : 0 : 1 Flag

    jmw1975
    re: your response to chicago24.
    Maybe chicago24 is bigotted, maybe not. Maybe chicago24 is simply making the point that there needs to be some standards set for those who educate our children. And like it or not, it is the government that is in the best position to set those standards for the general good of society. You may not like what standards are set, but that is why we have elections.

  • believer
    Thu May 22, 2008 1:52 pm : 0 : 0 Flag

    my bad, it was winter break during his freshman year of college.

  • believer
    Thu May 22, 2008 1:50 pm : 0 : 0 Flag

    chicago, why reinvent the wheel just send your kids to public school. Because we were in the military and ministry and as a result had to move around a lot we opted to homeschool our son. When he entered the 9th grade he wanted to attend public school and we allowed him. When he came home for winter break his freshman year of high school he thanked us for homeschooling him because he learned veru quickly that his public school experience did very little to prepare him for college. Plus most states and school districts have an accountability factor for those parents who opt to homeschool their own children to ensure the children are getting a well-rounded and balanced education.

  • DiaryOfCross
    Thu May 22, 2008 12:57 pm : 1 : 0 Flag

    o_o kids are not allowed to get taught by parents? It sorta looks like the government wants more control over children because they're the next generation of Americans. Does this mean Private Schools are the next step? Will the judicial branch suddenly ban Private Schooling as well? Comments please. o_o this stuff sounds scary and close to communism. That's what it sounds like to me.

    Oh and LORD JESUS FTW! :D:D:D

  • SLopez
    Thu May 22, 2008 12:52 pm : 1 : 0 Flag

    Igh: You are exactly right. Most colleges do want homeshool children. My daughter is currently homeshooled and will be going into the 7th grade. We actually have entered into a Homeshool/University program that allows the homeschooler from 7th grade to 12th grade to take the courses from the university. My daughter will be taking courses through Texas Tech Univesity. By the time my daughter graduates high school, she would have already receieved enough university credit to have completed her college basics and can now go straight into her major. Thus, graduate in 2 years rather than 4.

  • jmw1975
    Thu May 22, 2008 11:30 am : 1 : 0 Flag

    chicago24 you seem to be outright bigoted against people of faith and that bigotry represents the reason why many people choose to educate their children at home. It is a valid reason, but not the only one. It's true that colleges now actively seek home schooled students because they excel when compared to the national standards.

    I worked at a prominent university and my boss, very high up in liberal academia and she and her husband home schooled their children because our public schools are lacking. She worked and he stayed home and taught the kids. The activities they did with the kids where rigorous and comprehensive liberal arts activities covering world culture, art, music as well as core courses. He is not certified in our state, but both the boy and the girls were two grade levels ahead of their peers.

    At this university we also had a home schooled freshmen working in our office. She was only 16 when she was admitted. The U of D has pretty high standards and is ranked high nationally.

    I also agree with igh's point. Jesus rocks!!

  • igh
    Thu May 22, 2008 10:16 am : 2 : 0 Flag

    i have heard that colleges want home schooled children and actively recruit them. this is because they do so well. And Jesus rocks! woo baby!

  • chicago24
    Thu May 22, 2008 9:20 am : 1 : 4 Flag

    Okay, I'm going to home-school my kids and teach them that most females had abortions in the past , that most people are actually gay, and that Christianity is historically evil. Then, when they can't get a job, YOUR taxes will pay for their welfare.

  • xizwyck
    Thu May 22, 2008 8:56 am : 1 : 0 Flag

    Quote["Parents do not have a constitutional right to home school their children," Justice H. Walter Croskey wrote in his summary opinion of the Feb. 28 ruling.]

    Does the state and local governments, as well as the Federal government, have the consititutional right to force our children to attend public schools?

    Imagine reading this in a headline:
    "Parents do not have a constitutional right to PARENT their children," Justice H. Walter Croskey wrote in his summary opinion of the Feb. 28 ruling.

  • xizwyck
    Thu May 22, 2008 8:53 am : 0 : 0 Flag

    My sons are home-schooled. We use Abeka, which is an excellent curriculum. I can say that they are doing better now than they are performing academically better now than when they were in public school. Home-schooling is much more efficient and effective. If you have a high school diploma, you can teach - even if you don't know the subject, the teachers guides make it easy.

  • song2vs4
    Wed May 21, 2008 9:50 pm : 2 : 1 Flag

    This is one of the most outrageous rulings, in a long list of rulings, against parental rights (among other things). I personally do not want or need my government to tell me what to do, when to do it, and how to do it (it being anything, you fill in the blanks). This country is going down the drain and so are our freedoms. Wake up people! This is about homeschooling, but it's about so much more too. And another thing, a person doesn't need a degree or certification to be capable of teaching. The idea is absurd and just another example of how Americans have been snowed. Please, please do not let the media be your source of information on anything. Try finding something out on your own, it's liberating.

  • speedreed
    Wed May 21, 2008 7:22 pm : 2 : 0 Flag

    Blue1018, as mscardinal says, certification (actually, in California, it's "credentialed") means a teacher has been taught how to teach a classroom of kids. It doesn't mean that they actually know anything about the subject they're teaching. Please seek out some families who actually homeschool and find out what they actually do before you say "poor home schooled children". In my mind (yes, my family homeschools), the kids who are missing out on a quality education are those in some of these public schools that have 30 kids per teacher and don't receive any individual attention. And not to mention all the distractions like gangs, teen sex, etc., that don't do anything to contribute to a child's education.

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