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folklaur
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| Posted: March 08 2008 at 12:27pm | IP Logged
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CrunchyMom wrote:
I'm just not sure how it is really a constitutional issue. |
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I think this is something that was said in the judge's ruling.
However, the media reported it a certain way (which I think may have been a little skewed). And it has been reported far & wide now that the judge's ruling says something that, after reading it, I am not sure it actually says. But people are reacting in fear (which could be completely justifiable!!! I am not sure, I am not a lawyer.)
But I can't say I trust the reporting of the LA Times on most other issues, so I wouldn't be surprised if they might have got this wrong in the details, too.
I think it is obvious that CA laws regarding homeschooling need to be a little more concrete. I am really glad I live in AZ, and even NV where we are moving has good laws.
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folklaur
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| Posted: March 08 2008 at 12:36pm | IP Logged
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Here is a link to the Homeschool Association of CA...they seem to have a slightly different opinion in regards to what to do?
Link to statement
Such a mess...
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guitarnan
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| Posted: March 08 2008 at 2:49pm | IP Logged
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The biggest problems with the judge's decisions are that 1) he is an appellate judge, so his ruling covers the circuit court of appeals territory he's in (L.A. county and more), and the only recourse is the state supreme court and 2) he made the decision "publishable," which means it can be applied as legal precedent within California - it can't necessarily be restricted to just this one HS family.
I find it very odd that no one told this HS family about HSLDA - an organization that is very good about taking on "emergency memberships" so they can defend families in crises like these. I'm sure there's more to this family's story.
Unfortunately, now it's a done deal; the decision has been handed down and the legal folks are now dealing with the appeals process, etc. The family's story is no longer the important issue.
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Willa
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| Posted: March 08 2008 at 2:56pm | IP Logged
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Also, there's this:
Governor vows to protect homeschooling
Quote:
An estimated 166,000 children are homeschooled in California. Some are enrolled in independent study programs through school districts, charter schools or private schools. Others are taught at home or in programs that have no oversight by a public education agency or private school....
There is no provision in the California Education Code or elsewhere in state law that addresses the issue of homeschooling. Homeschool advocates want to keep it that way, despite the governor's support for a new law to help them.
They believe current code supports their practices and that new laws would include regulations and possibly restrictions on homeschooling.
"We just want to leave it alone because it's good the way it is," said Loren Mavromati, who homeschools her two children and volunteers with the California Homeschool Network, an advocacy organization made up mostly of homeschooling parents. "The law as it stands is working well in California." |
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Willa
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| Posted: March 08 2008 at 2:58pm | IP Logged
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Oh, I think the link I posted was already posted on the other thread.
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Willa
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folklaur
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| Posted: March 08 2008 at 3:35pm | IP Logged
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Here is a post talking about the Constitutional rights theme. It is long, but I thought it was pretty good.
Edited to fix the horrible grammar because I was splicing two sentences and didn't read it through after .
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emmsie
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| Posted: March 08 2008 at 5:08pm | IP Logged
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I live in colchester, england and am registered with the education authority. I have 1-2 visits a year and an annual review for dd's statement once a year.
However in september the government our setting up a contact point so that all missing children i.e homeschoolers not registered will be traced as all agencies will then be linked up. If your not registered you will get a visit from social services and educational welfare.
Why do they always equate home schooling with abuse it makes me mad.
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juststartn
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Why do "they" always equate homeschooling with abuse? Well, because if we don't think that they are better suited to raise our dc than we are, why, obviously we don't want the best for our dc...and therefore, that
we are abusers.
Rachel
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folklaur
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| Posted: March 08 2008 at 6:32pm | IP Logged
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juststartn wrote:
| Why do "they" always equate homeschooling with abuse? |
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One of the kinda sad outcomes of this is that in the Long Family, the Father really was abusive. This has almost been forgotten in the ensuing uproar and turmoil that the judge's ruling has caused.
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Mari
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| Posted: March 11 2008 at 2:25pm | IP Logged
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I hope that the reason for this is becuase they are worried that children in a hs environment could be abused and there may not be an outsider who is able to witness the effects of this and call for help. The idea is that at school, there are other independent adults who regularly see the child so could possibly notice long term abuse in the child's behaviour. If it really is this, they should be more considering the child and how their well being can be monitored (like a social worker visit or a medical check up - I am not saying that I would approve of this but what I want to say that there is no reason to attack the HOMESCHOOLING aspect. If by law the state must do what it can to protect the rights of children and keep them from abuse, then there are other ways of doing this than making them attend school for years on end. So it really seems like it is an excuse to attack homeschoolers. Homeschooling is educating at home. This case of abuse is nothing to do with home schooling bit. It is just assumed that if the child was at school, it would have been discovered sooner. It is a case of abuse from a parent to the child and homeschooling probably did not turn him into an abuser.
Sorry folks. It helped to say all that. My heart goes out to all those affected by this.
Blessings
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CrunchyMom
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| Posted: March 11 2008 at 2:42pm | IP Logged
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cactus mouse wrote:
CrunchyMom wrote:
I'm just not sure how it is really a constitutional issue. |
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I think this is something that was said in the judge's ruling.
However, the media reported it a certain way (which I think may have been a little skewed). And it has been reported far & wide now that the judge's ruling says something that, after reading it, I am not sure it actually says. But people are reacting in fear (which could be completely justifiable!!! I am not sure, I am not a lawyer.)
But I can't say I trust the reporting of the LA Times on most other issues, so I wouldn't be surprised if they might have got this wrong in the details, too.
I think it is obvious that CA laws regarding homeschooling need to be a little more concrete. I am really glad I live in AZ, and even NV where we are moving has good laws.
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You are right, the ruling says that we have no constitutional right to homeschool (specifically because a lower court said we did).
Though, honestly, I still can't see that we do. I think I would agree with the judge on that point. I mean, I think everyone should have a right to home school, and I think even parents in CA have a "legal" right to homeschool, but I don't see how its a constitutional issue at all. The constitution doesn't ever address education, and each individual state has passed its own compulsory school laws, which, are apparently constitutional to legislate.
It seems to me that a constitutional amendment would have to happen before we could claim that. And, I'm pretty sure even the most Conservative (and pro-family) members of the Supreme Court (like Scalia) don't see home schooling as a constitutional issue (without an amendment).
ETA: Some CA home school families don't want to push for further legislation. As it stands, if the ruling is not used as precedent, the families have a lot of freedom. If there were specific home school laws made, they might include a lot more oversight and regulations that would make it more difficult for home schoolers there.
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ShawnaB
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| Posted: March 11 2008 at 6:23pm | IP Logged
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FYI: This just in from our State Superintendent of Public Instruction.
SACRAMENTO - State Superintendent of Public Instruction Jack O'Connell announced today that the California Department of Education has completed a legal review of the February 28 California Court of Appeal ruling regarding home schooling. O'Connell issued the following statement:
"I have reviewed this case, and I want to assure parents that chose to home school that California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to home school in our state.
"Every child in our state has a legal right to get an education, and I want every child to get an education that will prepare them for success in college and the world of work in the challenging global economy.
"As the head of California 's public school system, I hope that every parent would want to send their children to public school. However, traditional public schools may not be the best fit for every student. Within the public school system there are a range of options available. Students can take independent study classes, attend a charter school, or participate in non-classroom-based programs. But some parents choose to send their children to private schools or to home school, and I respect that right.
"I admire the dedication of parents who commit to oversee their children's education through home schooling. But, no matter what educational program a student participates in, it is critical that the program prepares them for future success in the global economy. I urge any parent who is considering or involved in home schooling their children to take advantage of resources and support available through their county or district offices of education."
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Topic: CA court ruling against homeschooling
