Mar. 17, 2008
Homeschooling in CA controversy
Received this from the NY homeschool blogger, Lacey, who forwarded it from the Homeschool association of California.
Jen
A forward from Homeschool Association of CA:
Hype about the case and plea to remain calm
Posted by: "Debbie Schwarzer" drschwarzer@ comcast.net
Fri Mar 7, 2008 9:00 am (PST)
I have been astonished about the hype about this case. So many have
been making sensational claims that parents will be criminally
prosecuted, etc. Please rest assured about a number of things. First,
the law, other than this court's interpretation, hasn't changed.
Parents involved in a truancy prosecution might face criminal
charges, but only after a rather lengthy series of hearings and court
orders, and only if the parents failed to comply with the orders. It
would be a criminal contempt charge, which isn't nothing but doesn't
land you in Pelican Bay. We have never known conscientious parents
ever to be prosecuted under truancy laws to the point of contempt
charges. It's highly unlikely. The media also appear to be saying
that no one can teach their children without a credential. I am not
certain that the holding is that broad, and I also doubt it would
survive legal challenge. The holding really applied to private ISPs
(there are persistent mistatements, that began with fact statements
in the case, that the family was enrolled in a charter. Obviously a
school with the name "Christian" in it wouldn't be a public charter.
It was a private ISP). It could be read by someone reading broadly as
applying to any situation where the child is not continuously in the
presence of a credentialed teacher.
The court started on a very slippery path of appearing to think that
some situations were OK and others weren't, effectively trying to
enact an entire code of regulations for governing this situation from
the bench. He hasn't been given the constitutional authority, of
course, to do this. How do we get rid of this case? There are a
number of paths. One is seeking actual review by the Supreme Court.
HSC and at least several of the other major groups' legal teams
aren't in favor of that. Even if you could get the court to accept
your petition (they only take 3-5% of cases), the chances that it
will be decided the way you want aren't real good. It's a very
dangerous road to take, because if the Supreme Court were to affirm
the appellate court ruling on either of the main points
constitutional or statutory), there aren't many options left. The
constitutional argument, of course, could be appealed to the US
Supreme Court, but the statutory case about the proper interpretation
of the California Education Code could not. California Supreme Court
is the last stop on that road. If that happens, then you have two bad
choices that I'll discuss below.
There is another much easier choice, and it's the one we want, as
well as the one being trumpeted in the HSLDA petition. You ask the
California Supreme Court to depublish the opinion, or, in other
words, have them say that while this might have been the right
result in this particular case involving this particular set of
facts, the court finds that the reach of the opinion is overbroad and
should not become law for the entire state. That is the choice we
all (meaning HSC and, I believe, the other groups)want.
You get this by filing a letter with the Supreme Court in compliance
with the applicable rules of court. While anyone can file one by
stating their interest, we DO NOT think it is an appropriate use of
grassroots activism. We DO NOT want every HSC member or HSLDA
member or grandmother or irate citizen dashing off their letters to
the Supreme Court. There are sober, measured, legal arguments to make
about why depublication is appropriate, and those arguments are
made after researching the applicable standards, etc. The Supreme
Court will not be swayed positively by public outcry. In fact, it
could backfire, and backfire badly.
If the Supreme Court affirms on the statutory points, then the two
bad choices are to either seek legislation or to do nothing and hope
that a further case is brought that can involve a better set of facts
and better explanation of the issues (and reaching a better result).
Both are very dangerous. Legislation isn't the answer because of the
extraordinary strength of the teachers' union. It is unlikely we will
see any legislation ultimately pass that gives us the freedom
we have today. And the second choice is dangerous. I know lots of
families that would make terrific test case defendants -- they're
conscientious, they actually get their kids educated, they follow the
laws. But we don't get to pick who the family is. As a friend of mine
said, we couldn't have gotten a worse set of facts for this case if
we had a contest. We are trying to get one or more of the fanciest law
firms in the state to help us on taking the fangs out of this case.
We know what we're doing. Please let us do our jobs.
I would be personally, professionally, and, as a representative of
HSC, globally grateful if everyone on this list would calm down and
ask others to calm down.
Specifically, I would ask people:
a. Not to write to the Supreme Court or any court.
b. Not to talk to their legislators or make any public statements
about a need for legislation.
c. Tell their neighbors, friends, lists, groups both of the above and
to educate them about the choices available and about how panic isn't
necessary, marches on Sacramento aren't necessary, etc.
I wish this were the type of situation where we could put the fury,
passion and energy of the members of this list to good use. Trust me,
if we end up having to go the legislative route, we will have that
situation at some points. But this isn't that type of situation, and
too many folks stirring things up hurts instead of helps.
Thanks for listening.
Debbie Schwarzer
HSC Legal Team Co-chair
CA Governor Vows to Protect Homeschooling
You can read the entire article at:
http://www.sfgate. com/cgi-bin/ article.cgi?
f=/c/a/2008/ 03/08/MNCHVG0SD. DTL&type= politics
Friday, March 7, 2008 (SF Chronicle)
Schwarzenegger denounces 'outrageous' homeschooling ruling
Jill Tucker, Chronicle Staff Writer
(03-07) 12:20 PST SACRAMENTO -- Gov. Arnold Schwarzenegger promised
today to ensure that parents have the right to homeschool their
children, after a state appeals court ruling severely restricted the
practice in California. "Every California child deserves a quality
education and parents should have the right to decide what's best for
their children," the governor said in a statement. "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."
An estimated 166,000 children are homeschooled across the state.
The ruling by the Second District Court of Appeal in Los Angeles
said all children ages 6 to 18 must attend public or private school
full-time until graduation from high school or be tutored at home by
a credentialed teacher. There is no specific allowance in state law
for homeschooling, the court said. Many homeschooling parents
register as a private school with the state, a status that does not
require credentialed teachers. Then they enroll their own children in
their school. The court ruling, issued Feb. 28, appears to restrict
such practices, setting a precedent that could lead to parents being
prosecution for truancy. |
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Posted by michigan homeschooling 
Mar. 26, 2008 - Sick in CA