Friday, March 7, 2008

California Appeals Court Ruling - Homeschoolers Shouldn't Panic


The key thing to note for now is this:

The appeals court did not "declare all homeschooling in California unconstitutional". In fact, the court quoted Pierce (U.S.. Supreme Court case) in stating that parents do have a right under the U.S. Constitution to the upbringing and education of their children. But as Deborah Stevenson repeatedly has stated to various audiences, the U.S. Supreme Court, in Pierce, also stated that the right of parents may be "regulated by the state". The appeals court in this case stated that under California's constitution there is no "right to homeschool", but the statutes provided exceptions to compulsory education. It found that the parents in this case may not have complied with those state statutes and remanded the case to the trial court to determine whether the parents did comply.

In addition, because this was a decision by an appellate court, the parents may petition the California Supreme Court to hear it. Depending on what issues are raised, assuming the California Supreme Court hears it, the parents could appeal it further to the Supreme Court. Or, parents in California could ask their legislators to clarify the statute in a way that overrules the court decision.

In any case this issue certainly bears watching.
Let's not get hysterical.
And remember you can't believe everything you hear on the news or in the paper.

Read the California appeals court decision for yourself

Here are things you need to know before citing case law and also a bit about "stare decisis".

NHELD's Deborah Stevenson just did a radio show today with Dr. Karen Albrecht about this issue

For what it's worth:
Governor Schwarzenegger had something to say about this court's ruling:
“Every California child deserves a quality education and parents should have the right to decide what’s best for their children. 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.”

Life On The Planet left this comment at Dana's blogpost and I just had to share because it totally cracked me up:

Life On The Planet
Posted March 8, 2008 at 12:13 am | Permalink

The Homeschool-a-nator.
It has a nice ring to it!
Good for Arnold.




Update 03-08-08 : NHELD issues a bulletin about the California Appellate Court ruling

5 comments:

Dana said...

Thanks for the links. This certainly has gotten enough attention, hasn't it?

Sandy said...

Thanks for posting this. Homeschoolers need to be a bit more informed before they say anything else about this.

Blueberry said...

When I heard the news of this I decided to take the backseat approach and see where this story leads.

When I heard about homeschoolers being encouraged to sign a petition, I immediately felt uneasy about it because I'm not interested in putting my name on anything unless I know the facts.

The media jumping on this bandwagon is very concerning as the general public will hear on the news "Homeschooling is Illegal in CA" and think the rest of the country should follow suit.

I'm certainly not interested in having this family become the "Homeschool Poster Family", representing the rest of us all across this nation.

The potential for negative stereotyping from this mess should concern ever single one of us.

Thanks for keeping a level head about this Judy. I wish the rest of the homeschool community would use more critical thinking skills before engaging in hype.

Also, it doesn't surprise me that the media would add fuel to the hysteria. Isn't that all they're good for these days?

Blueberry said...

Glenn Beck will be talking about this tonight on TV.

swansi said...

The court quote Pierce(U.S.Supreme Court case) in stating that parents do have a right under the U.S. Constitution to the upbringing and education of their children.But as Deborah Stevenson repeatedly has stated to various audiences, the U.s. Supreme Court, in Pierce, also stated that the right of parents may be regulated by the state.
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swansi
California Drug Treatment