There are SERIOUS charges of abuse in that family that led the courts to that decision. I wish they would not even mention the homeschooling aspect because this is NOT a homeschool issue, this is an abuse issue. If the abuse charges are true, the children should be removed from the home. The fact that they aren't, and that someone abuse must only happen between 8am-3pm is just stupid. Sending them to public school will not stop it.
http://209.85.173.104/search?q=cach.../B192601.DOC+JD00773&hl=en&ct=clnk&cd=1&gl=us
This is all just so sad.
Right now, here is what is going on in the appeal:
Response to California
Appeals Court Ruling:
Homeschooling is Illegal
Dear HSLDA Members and Friends:
On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.
This case involved a family with a 20-year history of litigation in the juvenile courts over the care of their children. Prior adverse decisions had been rendered by the courts.
This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this familys case.
There are two appellate options at this time.
First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.
HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.
The second appellate option is to seek to have this particular decision depublished. Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of depublishing the Court of Appeals decision. This would mean that the case is not binding precedent in California and has no effect on any other family.
HSLDA will take the lead in an effort to seek to have this case depublished.
Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each familys beliefs.
The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.
Sincerely,
J. Michael Smith
Does anyone have any input on what is going on in Californie regarding homeschooling? I hope it's overturned and doesn't spread...
I'm a homebody.
