Thread: All Home Schooling CA Parents Could Face Jail

Parents of 166,000 students could face criminal charges

'Breathtaking' decision on homeschooling now moving to California Supreme Court

Posted: March 05, 2008
9:11 pm Eastern
By Bob Unruh
© 2008 WorldNetDaily

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.

WND broke the story of the ruling that came in a case involving the family of Phillip and Mary Long of Los Angeles.

The decision from the 2nd Appellate Court in Los Angeles granted a special petition brought by lawyers appointed to represent the two youngest children after the family's homeschooling was brought to the attention of child advocates. The lawyers appointed by the state were unhappy with a lower court's ruling that allowed the family to continue homeschooling, and specifically challenged that on appeal.

Justice H. Walt Croskey, whose opinion was joined by two other judges, then ordered: "Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program."

The determination reversed a decision from Superior Court Judge Stephen Marpet, who ruled "parents have a constitutional right to school their children in their own home."

As WND has reported, the Longs had their children enrolled in Sunland Christian School, a private homeschooling program.

But Croskey, without hearing arguments from the school, opined that the situation was one of a "ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credentialed parent."

Officials with the school said they asked Pacific Justice to work on the Supreme Court appeal because the organization "has been in full compliance with the requirements of the law for more than 23 years."

"We've never been given an opportunity to represent our case in the Court of Appeal," Terry Neven, the president of the school, said. "Consequently, we are excited that PJI will represent us before the California Supreme Court so that the rights of homeschooling families are preserved."

The ruling, on which WND reported earlier, also issued a further warning of potential penalties for parents, this time in civil court.

It said under a section titled "Consequences of Parental Denial of a Legal Education," that "parents are subject to being ordered to enroll their children in an appropriate school or education program and provide proof of enrollment to the court, and willful failure to comply with such an order may be punished by a fine for civil contempt."

The school's website notes it offers a homeschool/independent study program that is accredited. It began in Los Angeles in 1986 with 24 students and now serves more than 3,000 families.

"While SCS is a Christian program, we enroll any family desiring assistance in teaching their own children at home. All we ask is that each family respect our values," the school said.

"The future of homeschooling (both public and private) in California requires the reversal of this decision," Neven said.

WND also has reported on concerns expressed by Roy Hanson, chief of the Private and Home Educators of California, about the way the ruling was issued.

"Normally in a dependency court action, they simply make a ruling that will affect that family. It accomplishes the same thing, meaning they would force [the family] to place their minor children into school," he said.

Such rulings on a variety of issues always are "done in the best interests of the child" and are not unusual, he said.

But in this case, the court said went much further, essentially concluding that the state provided no circumstance that allowed parents to school their own children at home.

Specifically, the appeals court affirmed, the trial court had found that "keeping the children at home deprived them of situations where (1) they could interact with people outside the family, (2) there are people who could provide help if something is amiss in the children's lives, and (3) they could develop emotionally in a broader world than the parents' 'cloistered' setting."

Further, the appeals ruling said, California law requires "persons between the ages of six and 18" to be in school, "the public full-time day school," with exemptions allowed only for those in a "private full-time day school" or those "instructed by a tutor who holds a valid state teaching credential for the grade being taught."

For homeschoolers in California, Hanson said, "there may be everywhere from concern to panic, just based on not knowing what the [ultimate] results will be."

The Home School Legal Defense Association, the world's premiere international advocacy organization for homeschoolers, emphasized that the ruling made no changes in California law regarding homeschooling at this time.

While the decision from the appeals court "has caused much concern among California homeschoolers," the HSLDA said, there are no immediate changes any homeschoolers need to address.

The Longs earlier told WND they also are considering an appeal to the state Supreme Court because of the impact of the order for their family, as well as the precedent that could be construed.

They have disputed with local officials over homeschooling and other issues for years, they said. In at least two previous decisions, courts affirmed their right to homeschool, they said.

The current case was brought by two attorneys who had been appointed by the state to represent the family's minor children in a dependency case stemming from accusations of abuse that resulted from the parents' decision to impose discipline on their children with spankings. The case actually had been closed out by the court as resolved when the lawyers filed their special appeal.

Phillip Long has told WND he objects to the pro-homosexual, pro-bisexual, pro-transgender agenda of California's public schools, on which WND previously has reported.

"We just don't want them teaching our children," he told WND. "They teach things that are totally contrary to what we believe. They put questions in our children's minds we don't feel they're ready for.

"When they are much more mature, they can deal with these issues, alternative lifestyles, and such, or whether they came from primordial slop. At the present time it's my job to teach them the correct way of thinking," he said.

http://www.worldnetdaily.com/index.php? ... geId=58137

Fascist America - CA Judges Orders NO Homeschooling!
By Jim Kouri
NewsWithViews.com
3-5-8

In a case that's almost guaranteed to have repercussions throughout the country, California appellate judges ruled that one family's http://www.hsc.org/ children could not be homeschooled and must attend a government school or accredited private school. One step closer to Nazi Germany is here ! With our Oligarchy system judges tell us how our children will be raised and educated, as judges are just an extended arm of the Federal Government. All are so corrupted now there is no hope of ever seeing any real justice or moral rulings.

The court's decision is the result of a civil case brought against Phillip and Mary Long regarding the education they provided to two of their children. The Longs currently have eight children in their home, all of whom they've homeschooled. Homeschooled children have proven to be more intelligent and well behaved and educated with real education that they can use for life and are better prepared for college ! Homeschooled children have won the national spelling bees for the last eight years !

Phillip Long told us that he and his wife will probably appeal the decision to California's Supreme Court (yeah good luck with that), since they've homeschooled all of their children, the oldest now 29, because of various anti-Christian influences in California's public schools. [The California schools are now all homosexual schools by law.]

"Homeschooling is endowed upon parents by our Creator. The state of California or the federal government have no right to tell parents how their children should be taught," said Phil Long in a telephone interview with us. In fact it is an order by God for parents to educate their children !

This latest court decision granted a petition brought by attorneys retained by so-called "child advocates" to represent the two youngest Long children after the family's homeschooling was brought to their attention.

However, the Long's children did not have any say in their representation by these attorneys. While the lawyers claimed to be representing the interests of the children, they actually were representing the California education establishment. Critics say this is proof positive that in the eyes of bureaucrats parents and families have no rights regarding education.

According to information provided by Phil Long, the trial court had found that keeping the children at home deprived them of situations where they could interact with people outside the family. They also stated that there are people in the public school system who could provide help if there's a problem in the lives of pupils. A judge in the case also said that children in government schools could develop emotionally in a broader world than the parents' "cloistered" setting.

The appeals ruling stated that California's law mandates that "persons between the ages of six and 18" to be in school, "the public full-time day school," with exemptions being allowed for those in a "private full-time day school" or those "instructed by a tutor who holds a valid state teaching credential for the grade being taught."

The panel of judges ruled that the Long family failed to demonstrate "that [the] mother has a teaching credential such that the children can be said to be receiving an education from a credentialed tutor," and that their involvement and supervision by Sunland Christian School's independent study programs was of no value.

According to the Longs, the family's religious beliefs were not given ample weight in the case.

The court claimed the Longs' "sincerely held religious beliefs" are "not the quality of evidence that permits us to say that application of California's compulsory public school education law to them violates their First Amendment rights. Such sparse representations are too easily asserted by any parent who wishes to homeschool his or her child," the court concluded.

Phillip Long said his family is working on ways to appeal to the California Supreme Court, because he will not permit the pro-homosexual, pro-bisexual, pro-transgender agenda of California's public schools to indoctrinate his children.

"We just don't want them teaching our children. They teach things that are totally contrary to what we believe. They put questions in our children's minds we don't feel they're ready for," said Mr. Long during the telephone interview with NWV.

"We're going to appeal to a higher court. I don't want to put my children in a public school that teaches "ideologies" (IF you can even call them that) I don't believe in," he said.

"Children belong to the parents, not to the state," Long said. He also acknowledged that there's a great deal of misinformation about the status of homeschooling in California.

Many observers believe this is merely the beginning of a movement to totally ban homeschoolng because the California Legislature and Gov. Arnold Schwarzenegger worked together to establish Senate Bill 777 and Assembly Bill 394 as a law that institutionalizes the promotion of homosexuality, bisexuality, transgenderism and other alternative lifestyle choices within the public school system.

"The reason homeschoolers are under attack is obvious. NEA and the Homosexual lobby wants them in public schools to indoctrinate them. Homeschooled children are not brainwashed with homosexuality, the myth of global warming, globalism, etc. Homeschooled children are still innocent and that can't be allowed. Therefore, attacks on homeschoolers will undauntedly escalate across the country unless the Christian community wakes up," said conservative strategist Mike Baker.

"[California] law at first allowed public schools to voluntarily promote homosexuality, bisexuality and transsexuality. Then, the law required public schools to accept homosexual, bisexual and transsexual teachers as role models for impressionable children. Now, the law has been changed to effectively require the positive portrayal of homosexuality, bisexuality and transsexuality to 6 million children in California government-controlled schools," said one homeschooling advocate.

There are no similar protections for students with traditional or conservative lifestyles and beliefs, however. Offenders will face the wrath of the state Department of Education, up to and including lawsuits, according to legal experts.

"SB 777 results in reverse discrimination against students with religious and traditional family values. These students have lost their voice as the direct result of Gov. Schwarzenegger's unbelievable decision. The terms 'mom and dad' or 'husband and wife' could promote discrimination against homosexuals if a same-sex couple is not also featured," said Baker.

"Having 'mom' and 'dad' promotes a discriminatory bias. You have to either get rid of 'mom' and 'dad' or include everything when talking about [parental issues]," he said. "They [promoters of sexual alternative lifestyles] do consider that discriminatory."

"I shudder to think how millions of California children will be led astray, how marriage will be destroyed, and how immorality will step on the neck of morality if Arnold Schwarzenegger signs five anti-family bills into law. The 'Terminator' has less than two weeks to sign or veto very bad bills!" said Randy Thomasson, president of http://www.savecalifornia.com/ Campaign for Children and Families.

Thomasson is disappointed with California's Christian pastors and elders. In the last five days, many individuals and several businesses have responded to CCF's action alert. However, to date, only one church has faxed in veto letters to the liberal Schwarzenegger's office in Sacramento.

"This is not right, since the majority of pastors in California oppose sexual indoctrination of schoolchildren (SB 777 and AB 394), oppose demeaning marriage (AB 43 and AB 102), and oppose forcing the homosexual-bisexual-transsexual agenda on businesses, organizations, and churches (AB 14)," said Thomasson.

"Distracted drivers cause car accidents; distracted pastors may accidentally assist anti-family bills to be signed into law. The Governor will notice our loud voice or our relative silence. The choice is [ours]," he added.

"Young children will be led astray, the definition of marriage will be irreparably harmed, and cherished freedom of conscience will be trampled if Arnold Schwarzenegger signs these bad bills into law," said Thomasson.

"Too many Americans find themselves without church leadership on social issues that threaten the very foundation of western civilization," said conservative activist Michael Baker.

"More and more Americans are asking 'Where are the pastors? Where is the moral leadership?'" Baker added.

Mike Baker said he believes most church pastors and conservative political leaders are cowards who fear the wrath of the mainstream news media and the venom of liberal-left activists.

"Pastors especially have allowed themselves to be bullied by people who are no better than heathens. Conservative politcians fear the bad press they would get from the likes of the New York Times and Washington Post," Baker said.

"Private citizens are doing the work that pastors and church leaders should be doing in fighting the good fight on behalf of our most vulnerable citizens -- American children," Baker added.

Hearing about the Long's dilemma, one California homeschooling mother [who wished to remain anonymous] said that she went to her pastor asking for the church's involvement exposing the courts determination to end homeschooling in the state, and was told to her dismay that the church would not get involved citing Romans 13. She was told "We'll pray on it." I also prayed, which led me to come to you for help, she replied.

Exodus Mandate, a national advocacy group that urges parents to remove their children from the public school systems, has launched a California affiliate in the wake of passage of SB 777. The http://www.californiaexodus.org/ California Exodus project has http://www.exodusmandate.com/ been endorsed by a coalition of Christian organizations.

California isn't the only state beginning to clamp down on homeschooling families. For instance, in Oregon the state legislature has made grumblings about children not under their control because they are homeschooled and not exposed to indoctrination, according to public education critics.

One man who has been at the forefront of fighting for parents rights is Jack Alan Brown, a key figure in the http://www.jackbrown.org/ Constitution Party of Oregon. An avowed conservative, Brown set out to collect signatures on a petition that would lead to a referendum placed on Oregon's election ballot. The referendum would ensure that parents' rights to educate their own children would be recognized by the state as sacrosanct.

"I believe that the phrase 'parental rights' involves two critical ingredients -- one is stated and the other is implied: parents and offspring. It links those two ingredients in a relationship that has rights imputed to one party of that relationship without denying that the other party has rights as well, i.e., saying that we believe in parental rights does not mean that only parents have rights, said Brown.

"Parental rights is a plural phrase, because it has numerous aspects. Parents have the right to honor and obedience from their offspring, but the passing on of their value system to their offspring is not only a right, it is a responsibility. Providing shelter and sustenance is a responsibility. Developing the moral character of one's offspring is not only a right it is a responsibility. Developing skills of one's offspring for survival as an adult is not only a right it is a responsibility. To interfere with the exercise of one's responsibility is as dastardly as interfering with the exercise of one's rights," he said.

Brown adds, "The majority of the participating voters of this state, through initiatives and through their elected representatives, have forcibly taken away the rights of parents to oversee the upbringing of their children, and have also restricted their rights to contract. We can only remedy the situation when we repeal all compulsory education statutes and eliminate mandatory public financing of education."

Unfortunately, Brown fell short on the number of signatures collected. But he's vowed to continue to fight for parents' rights and the rights of children to be free from indoctrination.

http://www.newswithviews.com/NWV-News/news36.htm

http://www.rense.com/general81/fasc.htm

When it comes to the protection and wellbeing of a child, I say that's fine. Children are the victims of their parents and should be educated. If their parents fail them, they are doomed to a long time, if not life of illiteracy and often unemployable. I don't think parents should be allowed to be lazy an not insure the education of their children. I know a pair of parents that don’t even have high school educations that are “home schoolingâ€

Home schooled kids are tested and monitored, as are the parents. If the children are not learning as they should, it is reported to dept. of education.

A friend of mine home schooled all her kids - 5 of them. The 3 eldest tested as gifted and were not challenged enough for mainstream schools.
The youngest 2 also scored considerably above average. They all played sports at the high school and excelled there also. Their program was more closely supervised than if they had gone the regular route.

Of course, the tax dollars do not go to the schools they would have attended, and that's a major concern for the schools. But if they are not doing the job, I commend parents for refusing to send their kids there.

Looks like CA is desperate for the taxes they are losing from 166,000 kids and that's shameful!

There are some excellent "home-schooling programs" all over the country, and yes, there are some parents who are completely inept or ill-prepared to be taking on the task and responsibility. Perhaps that is what's lacking here....parents should have to prove their ability to teach the subject matter, keep to schedule and meet basic requirements of education like at least have a four year degree from a college/university. I can't imagine a high school drop-out, or even someone with no formal education beyond high school being able to teach middle-school or high school level classes. We would not accept that for teachers in our schools ...why allow some of these unqualified parents to doom their kid's future like that? I totally understand many parents frustrations with the dumbing-down of curriculum, social promotions, and the inordinate amount of time and resources spent on millions of illegal alien students and the anchor babies who for the most part are there because the parents see the free public school as free day care. There are millions of amilies that don't want their kids in bad schools but can't afford private or parochial schools. If all the illegals, gang-bangers, etc. were gone, many of the schools would be in much better shape.

Maybe it's different in each state but the states I've been in....the child and the parents were monitored closely....probably more closely than the kids and teachers in public school and were reported immediatly if they weren't up to snuff. I wanted to homeschool mine but needed to work and simply couldn't. If I had the chance today, I'd do it in a heartbeat. Many Jr. Colleges have a program for highschool aged kids that are self-paced and in many cases can get college credits at the same time. When I first heard of that I thought it was spoiling the fun of being in High school....but seeing what a "thrill" highschool has been for mine....they aren't missing out on anything. 15 bucks to go to a game.....25 to a dance....

There are definitely some people who aren't "really" home schooling their children. But, there are also many that are doing an excellent job at it.

I totally understand the desire to remove your children from the indoctrination process. Parents have fewer and fewer rights where raising children are concerned.

In Massachuttes, they want to give birth control to elementary and middle school children WITHOUT parental consent. Or, if you say you don't want them to give your children birth control --> they say "you can't have our other health care services within the schools, either.

I think we have more schools failing students, than homeschooling parents.

Of all the problems we have in this state our government is choosing to ARREST parents for homeschooling their kids? Geesh, it's so time to leave Hellafornia.

This ruling making it more difficult to homeschool kids comes after a new bill promoting homosexuality and other lifestyles in the schools. This insane state of ours seems now to be forcing our kids to be exposed to all kinds of filth, and not allow parents to protect their souls from evil by educating them at home. God help us. I used to think California was the coolest place and so wanted to live here. Now I am terrified that evil has taken hold and it's downhill from here. I know a lot of families that homeschool. These kids are awesome, smart, polite, talented.........the list goes on. I admire these parents that are so dedicated to their children, and sacrifice so much to stay home and teach them. I would not be surprised to see a mass exodus of families. Mine may be included with them in the next few years.

Originally Posted by gingerurp

This ruling making it more difficult to homeschool kids comes after a new bill promoting homosexuality and other lifestyles in the schools. This insane state of ours seems now to be forcing our kids to be exposed to all kinds of filth, and not allow parents to protect their souls from evil by educating them at home. God help us. I used to think California was the coolest place and so wanted to live here. Now I am terrified that evil has taken hold and it's downhill from here. I know a lot of families that homeschool. These kids are awesome, smart, polite, talented.........the list goes on. I admire these parents that are so dedicated to their children, and sacrifice so much to stay home and teach them. I would not be surprised to see a mass exodus of families. Mine may be included with them in the next few years.

I agree! Their noses are out of joint because they can't indoctrinate home schooled kids