Thursday, March 06, 2008
Posted by:
Kevin McCullough
at
3:36 PM
 "Jail-bait?" 166,000 sets of parents in the state of California may be considered lawbreakers shortly in California. An appeals court has overturned lower court findings that empower parents to educate their children according to their sets of values, choices, and faith. Now literally hundreds of thousands of families could be subject to criminal sanctions: A "breathtaking" ruling from a California appeals court that could subject the parents of 166,000 students in the state to criminal sanctions will be taken to the state Supreme Court.The announcement comes today from the Pacific Justice Institute, whose president, Brad Dacus, described the impact of the decision as "stunning." "The scope of this decision by the appellate court is breathtaking," he said. "It not only attacks traditional homeschooling, but also calls into question homeschooling through charter schools and teaching children at home via independent study through public and private school." "If not reversed, the parents of the more than 166,000 students currently receiving an education at home will be subject to criminal sanctions," he said. The judge in this case is likely to be a very sympathetic public education advocate, perhaps a former teacher or married to one. But good old fashioned "truancy" laws have not been even thought about being put back into place in recent years - and for good reason. Line up twelve home-school kids, and twelve publicly educated kids - same age as the home-schoolers. (randomly selected)
Survey after survey has demonstrated that the same aged child in a homeschooling program will realize higher reading levels (usually by more than one grade), far better math and science skills, and in terms of testing - such as the SAT - will score dozens if not hundreds of points higher.
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We must keep the electorate uneducated and indoctrinated. We cannot afford to squander years of toil and sacrifice by the party loyal and allow a few thousand home schoolers to derail the socialist hold we have on America. Just when we are almost there. If could could stall this in the courts a little longer, until we get Baracka Hussein the Oblama elected, then he can complete our efforts by appointing another socialist judge to the Supreme Court. |
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I’m no longer surprised by judicial decisions. The time will come when Big Brother, led by the ultra left will push middle-America over the edge. A tea party is in the making.
Do not let the dem's get the white house. |
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166,000 orphans--there are no "fathers" and "mothers" in the state of California, remember? |
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...all of those in my family who refuse to submit their children to the indoctrination of the People' Republic will not be deterred.
The government knows how dangerous the truth is, so they refuse to teach it.... We are raising dangerous children... :-) |
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opinion (available at http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF ). The State has a compelling interest in ensuring that the citizenry is adequately educated and as such, may regulate education. The question will probably be one of whether the regulations are reasonable, and I'm inclined to think they will be regarded as such by the Court upon appeal.
This may call for a legislative solution. The best approach imho is to require home-schooled students to sit for the periodic examinations administered by the State, and evaluate their performance accordingly. If a child is falling behind, then the State should step in in the best interest of the child; otherwise, it is better left alone.
Personally, I reflect upon the damage the public school system inflicted upon me: they took away the joy of learning, and it took me many years to recover. I am no fan of the public schools, but I concede that the State has the better argument here. |
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Who decides the core curriculum on which your periodic exams are based.....the state?
No, thank you sir!
Home schoolers educate; public schools indoctrinate. |
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This is what happens.
You want government?
This is what happens.
Join those like me--throw off the mental chains of statism. Embrace anarchocapitalism. |
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FREE WRITING PROGRAM FOR THE HOME SCHOOLED
http://WWW.THEEASYESSAY.COM IS A FREE SITE THAT MAKES PASSING THE WRITING SECTION OF THE SAT, ACT AND FCAT MUCH EASIER AND IT ONLY TAKES 5 MIN. TO LEARN.
We believe that in most conversations, the majority of the conversation deals with one person telling the other person why something is true; that is, giving reasons for its validity. That is all that we ask you to do on this site, except in writing. We use the essay form because it is the most efficient form of organization available and we automate the organization so that you limit your statements to proving only the things that you have already stated were true.
http://www.theeasyessay.com is an automated information organization program that is also of use for business reports, inter-office communications, special and rehabilitative education, as well as speech organization.
It has been taught to individuals from eight to eighty and been used from elementary education to post graduate work.
If you find the program as effective as I believe it to be, please pass this information on to the media so that the site can get more publicity and help more people, but in any case:
PLEASE PASS THIS ON TO WHERE EVER IT CAN HELP.
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The family in question are conservative Christians who hold a traditional patriarchal view of the family. Judge Joan Klein has been described as "a forthright feminist", "liberal and political", "an active Democrat", and a member of the National Organization of Women's Legal Defense Fund. Now somebody like that couldn't *POSSIBLY* be a teensy-weensy bit biased against conservative Christianity, could she? |
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I read the opinion and I agree with Beastie Boy. The facts of the case were particularly troubling, the parents' position was not supported by the law, and the Court reaffirmed existing case law.
The State has a compelling interest in having an educated, ordered society. The compulsory educational process is part of that scheme. The State has the right to establish certain subjects and to hold schools and students to minimum standards for those subjects.
The argument of whether the state is doing an effective job was not part of, and is not relevant for, this decision.
The parents have three options: (1) send the kids to public school; (2) send the kids to an approved private school; or (3) hire a private tutor who has been credentialed by the State. Option 3a is that either of the parents could undertake the tutor credentialing process, if they could demonstrate they were comparably qualified.
If enrolled in a school, the kids must actually attend. It is not enough for a school to "supervise" or "check" on the kids' progress, and it is not enough for some school district administrator to give his or her personal blessings on the arrangement.
Because there are alternatives to the compulsory *public* education, the parents cannot say that they are being forced to send their kids to a public school which is alien to their personal or religious views.
Frankly, parents do not have the absolute power over their kids, as they may believe. The State can and does trump all. I can confirm that it is not just a California phenomenon.
Now, had the Legislature given the option to home school by an uncredentialled tutor or parent, then the outcome might have been different.
So, the kids are supposed to learn certain things. If the parents can receive tutor credentials, then they can home school. Otherwise, the kids need to be *in* a public or private school.
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... (continued)
What probably set off most alarms was the enforcement teeth added by the Court. Criminal sanctions, court-ordered counseling, civil contempt, etc.
Concepts like "regular attendance," "in compliance with the Education Code," "habitual truant," "proof of enrollment," among others, do open the door for official abuse.
I did find amusing the Court's statement that "[a] primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare." However, none of this was on the table.
If unhappy with this decision, the parents always have the option of moving out of California to a state that permits uncredentialed, unsupervised home schooling.
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"parents do not have the absolute power over their kids ... The State can and does trump all."
This is not true. Parents DON'T have absolute power. But the Supreme Court has been clear, beginning in Pierce v. Society of Sisters, that parents DO have the right to direct the education of their children. Later precedent establishes that parents DO have the right to home school, and that the state can't require certification.
Second, the state doesn't trump all. The Constitution limits the power of any state or federal government. Our country is founded on the principle of limited government.
"If the parents can receive tutor credentials, then they can home school."
You make it sound easy. But there is no such thing as "tutor credentials." Tutors must have a teaching credential. This means a 4-year degree, & at least a year of education courses, including full-time student teaching. How exactly is a homeschooling parent going to do this? I have a 4-year degree, some graduate school, most of the courses CA requires for a credential, a year of full-time teaching, 8 years homeschooling, and 4 years' experience teaching in a once-a-week enrichment program, and I would still have to spend at least a year in full-time work in order to meet CA's standards. I'd spend most of that year learning classroom management skills that would apply only if I wanted to teach full-time.
Now I ask you, is that really a reasonable expectation for parents to be able to educate their own children in their home? And should I have to put my daughters in school because I don't have a credential? |
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