In an inspiring 3-0 decision today, the California Court of Appeal for the Second Appellate District reversed its earlier ruling that would have required parents to be certified teachers in order to home-school in California.Good news, indeed.
“This is a great victory for home-school freedom,” said Michael Farris, chairman of the Home School Legal Defense Association. "I have never seen such an impressive array of people and organizations coming to the defense of home schooling. The team effort was remarkable."
Showing posts with label CA home school court case. Show all posts
Showing posts with label CA home school court case. Show all posts
Sunday, August 10, 2008
Victory for California home schoolers
From Focus on the Family's Citizen Link:
Tuesday, July 15, 2008
Victory for home schoolers in California ... now it goes to appeals court
by Devon Williams, associate editor
CitizenLink.com
Family-court action could convince appellate court not to interfere with home schooling freedoms in California.
A California family-court judge has dismissed the case that led a higher court to call for a statewide ban on most forms of home schooling.
Home-school advocates are hopeful the decision will influence the 2nd District Court of Appeals, which ruled Feb. 28 that California parents without teaching credentials cannot home-school their children.
Bruce Hausknecht, judicial analyst for Focus on the Family Action, said the family-court ruling is a victory for home-schoolers.
“This development likely means that the horrible Court of Appeals decision outlawing home schooling in California will not be resurrected,” he said. “That's good news for the 200,000 home-schooled kids in that state.”
Brad Dacus, president of the Pacific Justice Institute, said the appellate court is expected to decide in the next few weeks whether to drop its earlier ruling.
“If that were to happen, we would be back at square one as if this whole mess had never taken place — at least legally speaking — because there’d be absolutely no precedent on the books,” he said.
Gary McCaleb, senior counsel for the Alliance Defense Fund, said he is hopeful the court will do the right thing.
“We’ve had a tremendous alliance arguing on behalf of home-schoolers, and the case has been tossed out of the lower court,” he said. “We think the appellate court will do the right thing and settle the matter that parents can home-school in California.”
Dacus encouraged home schooling families not to lose heart.
“These ups and downs can be very nerve-racking, but in the end, we’re confident home schooling will be legal in California,” he said. “People should be praying for this matter, praying for the appellate court.”
CitizenLink.com
Family-court action could convince appellate court not to interfere with home schooling freedoms in California.
A California family-court judge has dismissed the case that led a higher court to call for a statewide ban on most forms of home schooling.
Home-school advocates are hopeful the decision will influence the 2nd District Court of Appeals, which ruled Feb. 28 that California parents without teaching credentials cannot home-school their children.
Bruce Hausknecht, judicial analyst for Focus on the Family Action, said the family-court ruling is a victory for home-schoolers.
“This development likely means that the horrible Court of Appeals decision outlawing home schooling in California will not be resurrected,” he said. “That's good news for the 200,000 home-schooled kids in that state.”
Brad Dacus, president of the Pacific Justice Institute, said the appellate court is expected to decide in the next few weeks whether to drop its earlier ruling.
“If that were to happen, we would be back at square one as if this whole mess had never taken place — at least legally speaking — because there’d be absolutely no precedent on the books,” he said.
Gary McCaleb, senior counsel for the Alliance Defense Fund, said he is hopeful the court will do the right thing.
“We’ve had a tremendous alliance arguing on behalf of home-schoolers, and the case has been tossed out of the lower court,” he said. “We think the appellate court will do the right thing and settle the matter that parents can home-school in California.”
Dacus encouraged home schooling families not to lose heart.
“These ups and downs can be very nerve-racking, but in the end, we’re confident home schooling will be legal in California,” he said. “People should be praying for this matter, praying for the appellate court.”
Friday, March 14, 2008
Defending home school freedom in CA ... home school community is in this together
[Editor's Note: When the California courts ruled against home schooling families in that state, home school families nationwide banded together to fight for them, support them, and uplift them. The home school community is in this together. We are grateful to Mike Farris and HSLDA for their guidance and representation for all home schoolers.]
From Michael Farris, Chairman, Home School Legal Defense Fund
State Superintendent Supports Home schooling
On Tuesday, March 11, Jack O'Connell, California Superintendent of Public Instruction, announced that he believed that home schooling is still legal in California. O'Connell's statement is welcome news. 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 home schooling is illegal in California unless conducted by a credentialed teacher and that parents have no constitutional right to home school.
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 Home Schooling 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 home schooling, 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 home school 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 home school, 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-home schooling organizations, including Christian Home Educators Association of California (CHEA), Home school Association of California (HSC), California Home school 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 Home schoolers Expect in the Short Run?
We believe that it is highly unlikely that local officials will begin proceedings against home school families until this present case is resolved.
This ruling has obviously caused great concern among California home schoolers. We want to remind all California home schoolers that you should stay calm in the face of this decision. Please continue to operate your home school, 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.
Final Thoughts/Conclusion
The way the home school law has worked in California for the past two decades has been successful for all home schoolers. If we can keep what we have today that would be a significant victory for home school freedom.
We also understand that the current situation has caused much stress for California home school families. We are praying, and we encourage you to pray, that the threat we face will be swiftly removed and that home school freedom in California will be preserved.
We have seen God's hand of protection on the home schooling movement for the 25 years we have been working together for this cause. There is no reason to begin to doubt God now.
From Michael Farris, Chairman, Home School Legal Defense Fund
State Superintendent Supports Home schooling
On Tuesday, March 11, Jack O'Connell, California Superintendent of Public Instruction, announced that he believed that home schooling is still legal in California. O'Connell's statement is welcome news. 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 home schooling is illegal in California unless conducted by a credentialed teacher and that parents have no constitutional right to home school.
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 Home Schooling 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 home schooling, 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 home school 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 home school, 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-home schooling organizations, including Christian Home Educators Association of California (CHEA), Home school Association of California (HSC), California Home school 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 Home schoolers Expect in the Short Run?
We believe that it is highly unlikely that local officials will begin proceedings against home school families until this present case is resolved.
This ruling has obviously caused great concern among California home schoolers. We want to remind all California home schoolers that you should stay calm in the face of this decision. Please continue to operate your home school, 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.
Final Thoughts/Conclusion
The way the home school law has worked in California for the past two decades has been successful for all home schoolers. If we can keep what we have today that would be a significant victory for home school freedom.
We also understand that the current situation has caused much stress for California home school families. We are praying, and we encourage you to pray, that the threat we face will be swiftly removed and that home school freedom in California will be preserved.
We have seen God's hand of protection on the home schooling movement for the 25 years we have been working together for this cause. There is no reason to begin to doubt God now.
Tuesday, March 11, 2008
Home schoolers: Get ready to lead!
"It's simple. We're just changing the world."
Home school parents teach their students to be leaders, to act, to be involved, to know their Ameican history, to participate in American government, and to be ready to lead in all areas of life.
California home schoolers have come under attack from the government which recently ruled that parents had to have teacher certificates to be able to educate their children at home. With an estimated 200,000 home school families in California, that would dump an unmanageable number of new students into an overburdened public school system.
Dr. Jeff Myers has been a leader in the home schooling community for years. He has written a comprehensive article about the California ruling that is informative and eye-opening.
Home school parents teach their students to be leaders, to act, to be involved, to know their Ameican history, to participate in American government, and to be ready to lead in all areas of life.
California home schoolers have come under attack from the government which recently ruled that parents had to have teacher certificates to be able to educate their children at home. With an estimated 200,000 home school families in California, that would dump an unmanageable number of new students into an overburdened public school system.
Dr. Jeff Myers has been a leader in the home schooling community for years. He has written a comprehensive article about the California ruling that is informative and eye-opening.
What the recent California attack on homeschooling means to you and me:
Greetings!...
Last week I visited with Mike Farris, Homeschool Legal Defense Association founder. When I asked how he was doing, he replied morosely, "Pretty good considering that an appeals court in California just said that parents do not have a constitutional right to homeschool their children."
I listened in shock as he described the ruling and realized immediately that this is a battle that needs to be enjoined by all concerned Christians. Why and how? That's what this issue of Get Ready to Lead is all about.
What is the future of educational freedom?
On Feb. 28, Judge H. Walter Croskey of the Second District Court of Appeals in Los Angeles said that home schooling is only legal if the teaching parent is a certified teacher. This would disenfranchise virtually all of the estimated 175,000 home schooled children in the state.
I asked Brad Dacus, the attorney for the Sunland Christian School (the umbrella school at the center of the controversy) about the ruling. "This is not a slam dunk on statutory grounds," he warned. Translation: California homeschoolers are in for a fight, and the outcome is not assured.
Even socially liberal California governor Arnold Schwarzenegger expressed grave concern in his support for home school families: "Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will."
The Truth About Homeschooling
On the other side of the issue, California teachers unions seemed almost gleeful about the ruling. A.J. Duffy, president of United Teachers Los Angeles, told the Los Angeles Times that he agrees with it: "What's best for a child is to be taught by a credentialed teacher."
This is an outright lie. In a published study called Strengths of Their Own Dr. Brian Ray revealed data on 5,402 children from 1,657 families from across the United States. He found that home schooled children performed substantially above the national average in academic testing. The students scored, on the average, at the following percentiles on standardized achievement tests:(a) total reading, 87th,(Note: The average score on standardized tests for the norm group, largely conventional school students, in all of the preceding categories is the 50th percentile).
(b) total language, 80th,
(c) total math, 82nd,
(d) total listening, 85th,
(e) science, 84th,
(f) social studies, 85th,
(g) study skills, 81st,
(h) basic battery (typically, reading, language, and mathematics), 85th, and
(i) complete battery (all subject areas in which student was tested), 87th.
Dr. Ray also studied 12 variables that he thought might explain the variance in students' test scores. The following seven variables were found to have no statistically significant effect on the variance between the scores:(1) father's [teacher] certification status,In other words, most homeschool kids are doing great, and it has nothing to do with whether either parent is certified to teach.
(2) mother's [teacher] certification status,
(3) family income,
(4) money spent on home education,
(5) legal status of family,
(6) time spent in formal educational activities, and
(7) age at which began formal education.
Why This Issue Matters to You and Me
I realize that this newsletter goes out to people who've made all kinds of educational choices, from home schooling to Christian schooling to public schooling.
If you don't home school your first inclination may be to ignore the issue. This would be unwise. If parents lose the right to home school their children, who is to say that our right to teach anything at all to our children -- especially our values -- is secure?
More immediately, all Americans should be deeply disturbed at how far behind American children are. We ought to be embracing trends like home schooling and private Christian schools that have such a dramatic positive effect on education.
Families in China, India and many developing countries are leaving Americans in the dust to the point that if present trends continue Americans will be the unskilled workers of the world within a generation. Don't believe it? Check out this chilling video on the Christian School Journal blog.
Those who are interested in passing the baton of godly faithfulness to the next generation are right to defending homeschooling, and to be deeply concerned about the quality of education in America.
Three things you can do right now:
1. Buy the Home Schooling: Pointing the Way to a Better Education DVD immediately and show it to everyone you can--skeptics and allies alike.
The video is hosted by Del Tackett (from Focus on the Family's Truth Project) and features interviews with home school experts such as Brian Ray, Mike Farris, Gregg Harris, Chris Klicka and Inge Cannon. It explodes the myths about home education and shows how homeschooling can help children become diligent, thoughtful and socially adept.
I spoke with the video producer yesterday evening and he agreed to give our subscribers free shipping and handling on the DVD. Just enter the code jmyers2008 when you get to the "confirm order" page. Click here to order.
2. Sign the HSLDA petition and encourage your friends to do the same.
The Home School Legal Defense Association is going to petition the Supreme Court of California to "depublish" the Appeals Court opinion. If the opinion is "depublished" then it cannot be used by other California courts and this threat to home school freedom will be neutralized for other California home schoolers. Click here to sign.
3. Get the facts from NHERI (National Home Education Research Institute). My friend Dr. Brian Ray has published volumes of research about the academic achievement and positive socialization value of home schooling, as well as the high level of success homeschool graduates have experienced in the "real world." Much of the research is free, though I strongly recommend you purchase the Worldwide Guide to Home Schooling.
From Jeff Myers: "Get Ready to Lead" isn't just a slogan. It's an imperative.
Every day media reports reinforce the urgency of preparing the next generation of godly leaders. In less than a month we'll be holding one of our Wisdom Trek conferences to prepare leader developers for this great cause.
We still have a handfull of $350 scholarships remaining for our April 9-11 at Sandy Cove Conference Center in Maryland. This takes the cost for a double-occupancy package down from $639 to $289, including tuition, room, meals and coaching.
These scholarships are for people who have a leadership role in an organizations such as a church, school or co-op. To get the special registration form e-mail Sean Bevier here. Questions? Call Wolfgang Seibler at 423-570-1000 ext. 1.
Jeff Myers, Ph.D., President
Passing the Baton International, Inc.
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