Home Schooling is Now Unlawful in CA

So says Court of Appeal

I recenly wrote about the new Domestic Partnership tax law in California along with a bill Governor Arnold signed into effect recently regarding homosexual teaching in the school system.

Did you hear the very latest? 

Judges in the Californial Court of Appeal system have deemed it unconstitutional for parents to homeschool.  Parents have NO legal right to homeschool their children in CA.  This is going to put thousands of parents and children up against the Court subject to criminal proceedings if they go against this order.

Any parent found guilty of not complying will be subject to fines and an order to take a parental education and counseling course (read brain-washing). 

For the time being this ruling is only affecting four counties in the LA area.

How soon will this come to a school near you? 

This is scary folks...but not unexpected.

Read the full story here:

http://www.onenewsnow.com/Legal/Default.aspx?id=69177

 

4,663 views 40 replies
Reply #1 Top
I'm not a huge homeschooling fan, but I don't see how this can fly. I don't think it will last.
Reply #2 Top

There should always be a choice in schooling and if you don't feel that the government is doing a good job in your area you should have a wide options available for you in order to educate your children. Wheather it be private schooling, religous based school, home school, exct education is the most important part of your child's life and I feel that any choice should be placed soely in the hands of the parents to decide where they want to place their kids and if they think that they can teach them better than the public schools more power to them. I'd have them take some sort of test to make sure that they are meeting the curriculum requirements for their grade level but other than that its the parent's kid not the governments.

Reply #3 Top
I wonder if the state supreme court will overturn it? Probably, as the ruling was really stupid...
Reply #4 Top
I wonder if the state supreme court will overturn it? Probably, as the ruling was really stupid...
End of quote


This decision is definitely unconstitutional...as parents are and always will be the prime educators of their children. This stupid decision must have come out of the ninth district court...the most notorious /wacky liberal court in the nation.


This is scary folks...but not unexpected.
End of quote


Yup....on both counts. Our poor children.... first Municipal control..then state control...then national control...then world control...one world order style.

We are losing our natural freedoms little by little...like the frog slowly being boiled.
Reply #5 Top
Any parent found guilty of complying
End of quote


Dont you mean "not complying"?
Reply #6 Top

KFC, you have a private message.

Reply #7 Top
If parents are going to home school their kids, there should be a curriculum they have to follow. Otherwise, what's to make sure the kids will be prepared for college when the time comes?
Reply #8 Top

Dont you mean "not complying"?
End of quote

Yes....thanks for noticing....at least I know you read it.....lol......I'll fix it. 

KFC, you have a private message.
End of quote

ok, I'll have to figure out how to find it....lol. 

If parents are going to home school their kids, there should be a curriculum they have to follow. Otherwise, what's to make sure the kids will be prepared for college when the time comes?
End of quote

says who?  I mean I know there are state tests that vary from State to State to make sure things are done right but who says the government should have anything to do with how we teach or discipline or bring up our kids? 

I'm all for education having all three of my boys graduate from college but if a parent decides only to educate thru high school and give them only basic courses so they can work the family business who are we to tell them they shouldn't?  Whose kids are they to begin with? 

 

Reply #9 Top
says who?  I mean I know there are state tests that vary from State to State to make sure things are done right but who says the government should have anything to do with how we teach or discipline or bring up our kids? 
I'm all for education having all three of my boys graduate from college but if a parent decides only to educate thru high school and give them only basic courses so they can work the family business who are we to tell them they shouldn't?  Whose kids are they to begin with?
End of quote


It's that kind of thinking that justifies the outlawing of home-schooling. What if the parents only want to teach their children the bible? How are the kids going to earn a decent living?
Reply #10 Top

Isn't that up to the parents NOT the government? 

Besides, I'm not against some regulations per se, I would just like to see the government stay out of the parent business.  It's starting to get kind of scary and I have a very bad feeling, this is just the beginning. 

Have you seen the reports on the kids standing up to authority on Good Morning America lately?  Scary.

Tova,

I can't figure out how to retrieve or for that matter even give messages.  Care to educate me on this?   On the old JU I knew but here I don't see any link. 

 

Reply #11 Top
My Account | Watchlist | My Posts | My Replies | Private Messages

Is at the top of the page...just click on private messages.
Reply #12 Top

Is at the top of the page...just click on private messages.
End of quote


From the forums.  That only works in the forums, not the main blogs.

Reply #13 Top
From the forums. That only works in the forums, not the main blogs
End of quote


good to know...thanks
Reply #14 Top
It's that kind of thinking that justifies the outlawing of home-schooling. What if the parents only want to teach their children the bible? How are the kids going to earn a decent living?
End of quote


Most states do have a tough curriculm and guidlines for home schooling. That is never an excuse for legislating via the bench.
Reply #15 Top
From the forums. That only works in the forums, not the main blogsgood to know...thanks
End of quote


It also tells you with a banner on each page (or the forums) until you read them.
Reply #16 Top

Tova...or SC

I don't have a My Account in the forums at all.  There is nothing at the top but just a blank brown space.  Is that where it's supposed to be?

I do have "Account" at the top of my main blog at the top but when I click on that it's just my personal info like name and birthday with no watchlist at all.  I can'f find anywhere where it says watchlist.   

I saw "replies" once like a week or so ago but haven't seen it since.  That feature is a must really because you forget what articles you blogged on to keep up with the conversation but now I can't find the reply button anymore.   So I'm sure I'm awol on a few. 

So am I missing some pieces of this puzzle?  :NOTSURE:

T....maybe you might want to shoot me an email? 

Reply #17 Top


Okay, this is from the forums, not the main JU page, so click on the link on the main JU page that says "Joe User Forums". Along the top, you'll see a similar list to mine. (If for some reason you're not logged in, just enter the same info for main JU in the boxes). When you're logged in, you'll have a row along the top just like mine. The little protozoa looking thing (that's my mouse cursor, thank you CursorFX and the Stardock kids) is right under "Personal Messages". Just click that, and it will open up your inbox.

Hope that helps!
Reply #18 Top
Yes, it did help.....in case you don't see this on another posting...you've got mail....

it was a log in problem and now I'm set.

 :CONGRAT: 



Reply #19 Top
it was a log in problem and now I'm set.
End of quote


For some reason the forums aren't being logged in from when you log in on the main page, so almost every time you open up the forums for the first time after dumping your cookies or clearing your history you'll have to log in.

I know it's on Brad's shortlist of things that need fixing, so I gather it'll be fixed sooner rather than later. :D
Reply #20 Top

An update on the California ruling:

Parents are now reacting and have said they have been taken off guard about this and will not comply.  That would mean they would have to move out of state. 

One mom was quoted in a news article I read saying she was shocked it could happen so quickly and that with a snap of the fingers her fundamental right to teach her own children is  taken away. 

One nine year old when he heard about this story likened this ruling to the same as the "bad man in Germany" not remembering his name. 

Yes, Adolf Hitler also banned Home Schooling in 1938.  Do we want to go there? 

 

 

Reply #21 Top
First off, your source was suspect, so i went and checked this out somewhere else.

Secondly, is it really constitutional? Does it really state in the constitution that parents are allowed to teach their children what they want? From what I've read and studied it isn't, and therefore it cannot be a constitutional right. However, I'll have to ask a friend who's in law school because he is better versed in this type of thing.

For me, it makes sense to have kids schooled up to a point, and i honestly think that should be up to 12th grade. There is a certain expectation that those who go out into a work place should have a decent education, and to rob them of that isn't fair to them. Not just that, but some children change their minds on what they want to go into college for/do after high school. Why rob them of knowledge that could open them up to a career/field that they enjoy?

And I agree with the comment about teaching just the bible. This could (note *could*) easily be used to claim that parents have the right to teach their children whatever they want.

Thirdly, it's sad that the constitution is being used these days as nothing more than a way to get a person(s) way. It's even sadder that many don't truly understand it. I'm not about to say i understand it completely, but im more than willing to learn, when there are some who are not.


Reply #22 Top
to rob them of that isn't fair to them.
End of quote


Who said life is (or should be) fair? It isn't, and it shouldn't be.

You know I'm pretty liberal, but as far as this goes, this is unacceptable. (And I'm not the kind of cat that'll be home schooling my little ones.) But people should have the opportunity to educate those children how they want.

How I look at it? If their education sucks, good. Less competition for me because my education ROCKS.

Life isn't fair. It won't be, it can't be, and we shouldn't try to make it so.
Reply #23 Top
Secondly, is it really constitutional? Does it really state in the constitution that parents are allowed to teach their children what they want?
End of quote


Does it state in the constitution that the government is going to teach the children?

But there is this funny little clause about freedom of religion that IS in the constitution. And this other funny little amendment that clearly states "The powers not delegated...." Funny how that works. I dont seem to recall a later amendment delegating that power to the feds or states.

All states set standards for Home schooling, and that is fine. Forbidding it is clearly not one of the powers "delegated" to any states or the feds. Especially since at the time of the creation of the Constitution, most children WERE home schooled (the concept of Public education began later and was strictly a local option as COMMUNITIES got together to create COMMUNITY schools.)

Is the esteemed gentleman also aware that during the later part of the 50s and early 60s, some localities did not offer public education? And that there was nothing the feds could or did do about that?
Reply #24 Top

First off, your source was suspect
End of quote

Suspect?  How?  You didn't say. 

so i went and checked this out somewhere else.
End of quote

And?  Of course you can check this out because it's all over the place.  There's nothing suspect about it. 

Does it really state in the constitution that parents are allowed to teach their children what they want?
End of quote

Parents allowed?  Give me a break!  So let's have the government schools teach our kids whatever?  So when these kids are told to "tell" on their parents that's ok with you?  That's what happened in Nazi Germany.   

Let me guess.  You don't have kids right?  If not, I'd like to talk with you one minute after your child is born. 

Not just that, but some children change their minds on what they want to go into college for/do after high school. Why rob them of knowledge that could open them up to a career/field that they enjoy?
End of quote

Really?  And what % of kids that are homeschooled change their minds in comparison to kids who are NOT homeschooled?  Any figures out there?  Besides that....who says that Homeschooled parents are robbing their kids of knowledge? 

For me, it makes sense to have kids schooled up to a point, and i honestly think that should be up to 12th grade.
End of quote

Ok, that's your opinion and you're welcome to it.  But what about those whose opinions are otherwise?  Do you force them to take your opinion on? 

It's even sadder that many don't truly understand it
End of quote

I think you don't understand at all. 

Thirdly, it's sad that the constitution is being used these days as nothing more than a way to get a person(s) way
End of quote

Really?  That's what you think homeschool moms are doing?  I think not.  There are many reasons why parents homeschool.  Many.  I've never heard it was to get their way and/or to fight the constitution and I've known many homeschooled families over the years.  The most frequent reason out there is they want their kids to have a biblical worldview and not to be influenced by what the world wants to teach them.  They want their kids not to be influenced but to be an influence to society. 

But people should have the opportunity to educate those children how they want.
End of quote

of course they should.  It's their childrend, not the government's.  This right is as old as the hills. 

How I look at it? If their education sucks, good. Less competition for me because my education ROCKS.
End of quote

well from what I know about Homeschoolers in general is that the Colleges are quick to enroll them for many reasons.  They find these kids are quick starters, independent learners and very disciplined. 

Besides all that not all kids are so inclined to learn the way the school teaches.  There are many successful people walking around out here that got lost in the system, some either failing or dropping out totally.  For the most part, they survived and I know many that did very well with their lives as productive citizens.  Maybe had they been homeschooled it would have been better for them? 

Life isn't fair. It won't be, it can't be, and we shouldn't try to make it so.
End of quote

Exactly.  Life is not fair.  It's just the way it is. 

Especially since at the time of the creation of the Constitution, most children WERE home schooled (the concept of Public education began later and was strictly a local option as COMMUNITIES got together to create COMMUNITY schools.)
End of quote

Homeschooling was the norm.  The Government Schools are here for our convenience and should never be mandated.  If parents wish to homeschool we should encourage them to do so.  No one is going to take care of my child like I am. 

Is the esteemed gentleman also aware that during the later part of the 50s and early 60s, some localities did not offer public education? And that there was nothing the feds could or did do about that?
End of quote

Probably he is NOT aware. 

 

 

 

 

Reply #25 Top
Silent Poet posts:
Secondly, is it really constitutional? Does it really state in the constitution that parents are allowed to teach their children what they want? From what I've read and studied it isn't, and therefore it cannot be a constitutional right. However, I'll have to ask a friend who's in law school because he is better versed in this type of thing.
End of quote


Throughout the years I've had to opt out my children from what I call objectionable education. At the top of the form that I drew up I cite Federal Public Law 96-88, TItle I, Section 101 which reads in part, "...parents have the primary responsibility for the education of their children, and states, localitites, and private institutuions have the primary responsibility for supporting that parental role."

The US Constitution does not provide for a federal role in education. It reserves that authority for the states. Yet, time and time again, we have seen the federal government usurp their authority and this is costing taxpayers billions of dollars. So education is not a Constitutional issue....it reverts to the states.

I did some digging and learned that in 2005, the House passed by 320-91 a resolution introduced by Rep. Tim Murphy of Pennsylvania. It indicates that Congressman are starting to understand that we cannot live under the unconstitutional notion that whatever some judge rules is 'the law of the land'. Teh resolution stated such decisions as

Meyer v. Nebraska 1923, where the Supreme Court (SC) recognized that the liberty granted by the 14th Amendment encompasses "the power of parents to control the education of their children'.

In Pierce v. Society of Sisters 1925, emphasized that "the child is not the mere creature of the state; those who mnurture him and direct his destiny have the right, coupled with the high duty to recognize and prepare him for additional oblligations.";

In Wisconsin v. Yoder 1972, the SC acknowledged that "This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition....The duty to prepare the child for "additional obligations" referred to the Court in Pierce must be read to include the inculcation of moral standards, religious beliefs, and elements of good citizenship";

In Troxel v. Granville 2000, the plurality of the SC stated, "it cannot now be doubted that he Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.

The rights of parents ought to be strengthened whereever possible as the family is the cornerstone of society, the fundamental right of the parents to educate their children goes without saying....it's also firmly grounded in our Constitutions and traditions.