California home schoolers....IMPORTANT!!

[Hot Lava Mama]

I just received an e-mail from Home School Legal Defense Association (HSLDA). There was a recent case settled on Feb. 28th in Southern California. The appeals court effectively made it illegal to home school in California unless you are a certified teacher, certified in the course of study that you are teaching.

Please visit their web site at www.HSLDA.org. Read the article about "an unfortunate decision in California."

I don't know what we can do, besides pray, and look for a moving van.

Hot Lava Mama

[Susan in SoCal]

a couple more links:

http://www.hslda.org/docs/link.asp?URL=http%3A%2F%2Fwww%2Ecalcatholic%2Ecom% 2Fnews%2FnewsArticle%2Easpx%3Fid%3D769a0115%2D7d2f %2D48fc%2D8d14%2D4918e64d9cd5

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=57679

the initial thing I don't get is: so your student has to be "enrolled" in public or private school. thus in CA, homeschoolers declare themselves to be a "private school with x number of students." this law is demanding that homeschoolers be credentialed. but the thing is: private schools don't have to hire credentialed teachers. so, honestly, I'm not really understanding this particular ruling.

there aren't enough details made public yet...

[Mama Bear]

...Are you seeing this in the news? How "on the radar" of the general public is this ruling? What conversation/leaning are folks exhibiting?

[Johanna]

I dont live in CA...but we do need to pray. Because if it can happen there, it can happen anywhere:(

[Hot Lava Mama]

Another thing that I don't understand is the reference to the "umbrella school" that this family was under. Is that some kind of charter school? It made reference to some church, so maybe not. I think charter schools are public schools.

Can it be real that home schooling will be illegal in California? The teachers' unions must be throwing a party right now. Can you even believe with all the garbage going on in the public schools, not to mention the chaos with funding and all the other non-sense, that the state (via the court system) has the audacity to claim that home shooling doesn't provide "adequate schooling."

Rubbish!!!!

[Ellie]

Another thing that I don't understand is the reference to the "umbrella school" that this family was under. Is that some kind of charter school? It made reference to some church, so maybe not. I think charter schools are public schools.

Can it be real that home schooling will be illegal in California? The teachers' unions must be throwing a party right now. Can you even believe with all the garbage going on in the public schools, not to mention the chaos with funding and all the other non-sense, that the state (via the court system) has the audacity to claim that home shooling doesn't provide "adequate schooling."

Rubbish!!!!

Sunland Christian School is a private school, not a public/charter school. All of its students are homeschooled. On paper, it looks just like any other private school.

[Susan in SoCal]

It's not in the news. It's not even on anybody's radar.

And really, judges' rulings don't make laws. they just decide on cases. they ruled in this case that the parents couldn't lawfully educate their kids. and who knows what the real story really is. i get the impression that many details are missing. Nonetheless... it's a bogus homeschool ruling. If this is really an abuse case, it should be tried as such - not as a homeschool case.

If nothing else, maybe this will finally get something less nebulous on the books about homeschooling in CA. Y'know, like it's LEGAL.

[Leah]

I don't think it is even known by the general public-I haven't heard anything about it outside of homeschool circles.

[Karin]

If you're interested, there's a thread on this on the General Board http://www.welltrainedmind.com/forums/showthread.php?t=10258 .

[Michelle T]

An article that is subtly slanted against homeschoolers, and only quotes a couple, who go on and on about the religious reasons they homeschool, and the evils of the PS. Not an article to make the mainstream public feel to warmly towards homeschoolers.
Michelle T

[Ellie]

If nothing else, maybe this will finally get something less nebulous on the books about homeschooling in CA. Y'know, like it's LEGAL.

The legislature has actually specifically mentioned homeschooling via the private school option in some of its comments in other areas. I regret that I don't have that information, but HSLDA does, as I'm sure the three statewide groups do. IOW, the legislature has recognized the legality of homeschooling under current private school laws, even if there hasn't been specific legislation passed. In a court case, this would "count" as precedent (which, again, points out what a bad thing it is that the parents in question were not members of HSLDA and have not been represented well).

[Ellie]

And really, judges' rulings don't make laws. they just decide on cases. they ruled in this case that the parents couldn't lawfully educate their kids. and who knows what the real story really is. i get the impression that many details are missing. Nonetheless... it's a bogus homeschool ruling. If this is really an abuse case, it should be tried as such - not as a homeschool case..

Actually, court decisions *do* make laws, in the sense that they interpret the law, which affects how the law is applied. Texas and Illinois are living proof that court decisions make homeschooling legal. A bad court case in California could make homeschooling "illegal." On the up side, that ruling can be challenged and overturned.

[Tara]

I live in a state with very lenient homeschooling laws. There are no requirements whatsoever, other than sending a letter to the board of education simply stating that you ARE homeschooling. No testing, or portfolios, etc.

Because of this, I have never coughed up the dough for membership in the HSLDA. Is this foolish of me? Does everyone here feel that this is an essential element to homeschooling?

Would love to hear the feedback on this.

[Beth in SW WA]

I've been feeling like I should join HSLDA to help support those who are fighting court cases -- even though I doubt we would have this problem in Washington state. My $100/year will go to help our homeschooling brothers and sisters in CA and others...

[Chez J]

for the reason you mentioned. Our laws are very lenient too. But, after this, I feel like I need to join to ensure HSLDA always has the resources to make sure homeschooling is always legal whereever.

Lesley

[pbajgrow]

I'd move to a cheaper and more home school friendly state! You could by all the curriculum of your dreams with all the money you'd save on taxes and housing!

[Anne in Hawaii]

The link to her post about this is here (http://michellemalkin.com/2008/03/06/california-court-threatens-homeschoolers/).

[Mary in NJ]

We are a military family and move all the time. Each state has different reporting requirements. When we move to states that have no reporting requirements, I still pay my HSLDA fee. Just as an earlier poster mentioned, I feel that I am helping those who live in highly restrictive states. I will keep my membership with HSLDA as long as I homeschool, and regardless of the state I live in. This is one small way that I can support homeschooling.

Mary

[Tara]

Very self-less attitudes portrayed here regarding the HSLDA membership. Good food for thought. Thanks, ladies. I will take this to heart.

[Ellie]

I live in a state with very lenient homeschooling laws. There are no requirements whatsoever, other than sending a letter to the board of education simply stating that you ARE homeschooling. No testing, or portfolios, etc.

Because of this, I have never coughed up the dough for membership in the HSLDA. Is this foolish of me? Does everyone here feel that this is an essential element to homeschooling?

Would love to hear the feedback on this.

Yes, IMHO, HSLDA membership is an essential element to homeschooling. In the first place, the fact that you live in a very lenient state does not mean you'll never have problems. Texas is a *good* state, and HSLDA is still kept busy her. In the second place, your membership dues go toward helping others who are fighting for their right to homeschool, and in the long run, that fight may affect you.

[Kathie in VA]

I wasn't sure if someone here already linked it... but just in case I thought I'd put it here:

http://hslda.org/elink.asp?ID=4831

There will also be a broadcast discussing this issue:
Broadcast: Focus on the Family daily radio broadcast with Dr. James
Dobson.

Program Title: California's Threat to Homeschooling Families.

Airdate: Friday, March 7, 2008.

Since the broadcast is aired on stations across the country at
different times, please visit ----
http://listen.family.org/findastation/ and search for "Daily Focus on
the Family Broadcast" to find the station that covers your area.

[Karin]

The link to her post about this is here (http://michellemalkin.com/2008/03/06/california-court-threatens-homeschoolers/).

I can't open the page. I googled her name and went to her blog, clicked on her link and couldn't open it either. I wonder if that's because so many people are reading it or if it's something else. Just to see what she has to say.

[Penny]

It's not in the news. It's not even on anybody's radar.

And really, judges' rulings don't make laws. they just decide on cases. they ruled in this case that the parents couldn't lawfully educate their kids. and who knows what the real story really is. i get the impression that many details are missing. Nonetheless... it's a bogus homeschool ruling. If this is really an abuse case, it should be tried as such - not as a homeschool case.

If nothing else, maybe this will finally get something less nebulous on the books about homeschooling in CA. Y'know, like it's LEGAL.

I'm not sure that it is true that judges don't make the laws! They are not supposed to, but activist judges don't always follow the laws when they rule. Since others follow based on precedent, isn't that making the law?

Penny

[Karin]

I'm not sure that it is true that judges don't make the laws! They are not supposed to, but activist judges don't always follow the laws when they rule. Since others follow based on precedent, isn't that making the law?

Penny

That's how I've always understood it, but then that understanding began when I still liived in Canada. As I've come to see after living here this long, there are many popular misconceptions on both sides of the border (not universal, but popular) based on a lack of understanding of the government, etc, of the other country.

[Uccnorsworth]

If homeschooling becomes illegal in any state, here are some questions I think should be posed to congress:

1.) Will schools funded by the government now be able to teach Bible/apologetics as an optional course so that those who want to reinforce family values will be able to do so during the school day?
2.) Will parents be able to evaluate the curriculum that should be taught to determine whether it offends their religious practices/beliefs?
3.) If curriculum is determined to be offensive, what power will the parents have to protect their children from this material? Will they have veto or modification power?
4.) Will teachers be available to screen each student, determine their optimum learning style, and modify to that student in a tutoring environment similar to what homeschooling provides?
5.) Will the size of classes within a public school be reduced so that more time is spent teaching per student?
6.) Will specific codes of conduct be enforced that will guarantee no child is left to be bullied?
7.) What steps will be taken to ensure that bullying, drug use, gang interactions, etc don't take away from academic pursuit?
8.) Will the steps taken in question 6 be enough to protect the livelihood of OUR children?
9.) Lastly, will the schools determine that tracking students will once again be legal so that students who have higher potential are able to achieve that potential and students who need more remediation are taught in a supportive, encouraging environment?

I often think the people in charge of determining the education requirements for our children are able to afford schooling which the majority of Americans are unable. What happens to the rest of us?

I believe each of the parents who choose to homeschool do it after much deliberation over what is most appropriate for their child(ren). How very sad that our government (at least part of it) is trying to say that we don't know what is best for our own kids.

Last thoughts . . . how much more family time will be lost when we have to reteach and supplement each subject taught in school so that we are able to give our children the instruction they need? And, how will we handle erasing from their minds the negative ideas that unintentionally enter them?

[BizyPenguin]

Note: I copied and pasted this msg from a thread someone started on the general board, but I thought I might get more feedback here.

How are you feeling about this issue? I'm in California too and I have to admit that my feathers have been ruffled by this. I'm trying not to over-react, however. What trips me out is the fact that our state is supposed to be so liberal and laid back, yet it has always been so hostile toward homeschoolers. Crazy!!!! My ds is registered with an accredited school (ISP) plus I have a BA in Liberal Arts and I've passed the CBEST, so I'm actually qualified to substitute teach in public schools. This makes me feel better, but I was two classes and a semester of student teaching away from my earning my teaching credential when I graduated from college. I'm angry, worried, and in a bit of shock after learning about this, but again, I don't want to over-react. How about you and any others reading this thread feeling? Do you think the dust will soon settle on this since our Gov. Schwarzenegger is in support of homeschoolers? The HSR forums have several threads about this going. One says sign the HSLDA petition and another says don't. Sheeeesh! What to do?! Packing up and moving to a more homeschool friendly state is easier said than done. P.S. I have always been a member of HSLDA while homeschooling.

[KerriF]

We have decided to join HSLDA as well for many of the same reasons.

[Zelda]

This has been all over the news here in CA last night and today. Front page of the newspaper in my large city.

I'm not sure what to think. My instinct says that this is a test case and that the teacher's association has a hand in it somewhere because this family's story sheds about the worst possible light on home schooling. I'm worried but I don't want to overreact.

That said, I've already decided that if the ruling were to stand we would move. Not because I'm *that* dedicated to homeschooling (though I think I am) but because I'm that dedicated to not living somewhere where I'm forced to turn my children over to the government for 8 hours a day.

[LizzyBee]

I'm not sure that it is true that judges don't make the laws! They are not supposed to, but activist judges don't always follow the laws when they rule. Since others follow based on precedent, isn't that making the law?

The United States is a common law country; therefore, judges have the authority and responsibility to make law on issues where statutory or common law does not yet exist. Common law is made by the courts. Written decisions become precedent and are binding on lower courts within the same jurisdiction; decisions can be considered in other jurisdictions, but are not binding.