|
INFORMATION REGARDING THE
HOMESCHOOLING DECISION IN CALIFORNIA
March 7, 2008
From: Roy Hanson’s Private and Home
Educators of California
NIHEA is reprinting the following newsflash
from Roy Hanson, who serves as the legislative consultant
for California.
***** ***** ***** *****
As you probably know, on Thursday, February
28th, The Second Appellate District in Los Angeles County
ruled that a homeschooling family from Southern California
(not a member of HSLDA) did not have a right to “homeschool”
under the California Constitution unless the parent is a
credentialed tutor.
***** ***** ***** *****
Current Situation
Nothing has changed in California regarding
your homeschool. HSLDA
maintains that the advice they have given home school
families for some twenty-five years is still accurate and
that filing a private school affidavit, or enrolling in a
private school independent study program (I.S.P) are valid
options under the law in California.
In summary, homeschoolers should not panic
but continue to home school as in the past. The leaders of
the statewide homeschool groups and HSLDA are coordinating
with each other on this issue on a regular basis. Pray for
a positive outcome. The attorneys at HSLDA are working very
hard during this time to prepare for additional legal action
to reverse this decision. Seeking legislation at this time
is unnecessary and likely dangerous.
***** ***** ***** *****
Governor’s office press release
Friday, March 7, 2008
Gov. Schwarzenegger Issues Statement
Regarding Court of Appeals Home Schooling Ruling
Governor Arnold Schwarzenegger today issued
the following statement regarding the recent Second District
Court of Appeals ruling on home schooling:
"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.”
***** ***** ***** *****
Background
This ruling resulted from a Juvenile Court
case on allegations of abuse or neglect, which originally
had nothing to do with homeschooling. When the Juvenile
Court judge would not prohibit the parents from home
schooling their children, the court-appointed attorneys for
the children went to the California Court of Appeals. The
Appellate Court went further than they needed to, and
essentially ruled that State law does not provide any
options that allow parents to teach their own children at
home.
Future court action on this Appellate Court
ruling cannot occur until after March 29th. This ruling is a
very serious matter but not a cause for panic. There are
legal options still open to pursue in the Courts. HSLDA is
working to overturn this decision in the courts. In other
words, this Appellate Court ruling is not the final say.
It is important to realize that no laws have
changed that affect private schools whether in one’s home or
on a campus. California is still one of twelve states where
homeschoolers can operate legally under the private school
provision. See our
Legal
Fact Sheet . The Court does not have the power to
change the law but only to interpret it, and this court has
made critical errors in their interpretation of private
school laws as they apply to private home education.
No court has the authority to universally
order every homeschooler into a public or private campus
school. Under due process the court can only issue orders
directed to the parties before the court. Any attempts of
enforcement would have to be one family at a time. As in
the past, a family could be charged with truancy and then go
to a SARB hearing even before any court hearing. This
should not be a dread for anyone who is a member of HSLDA.
If you are not a member of HSLDA you should join now!
If a public official comes to your door and
tells you that home schooling is illegal and that you must
put your kids in a public school or a private campus school,
do not let them in your house, call HSLDA if you are a
member, and let the HSLDA attorney talk to the person at the
door. HSLDA attorneys are available to their members 24
hours a day seven days a week.
***** ***** ***** *****
What can homeschoolers do right now
to help?
(1) This court's ruling could provoke
well-meaning individuals to seek a legislative remedy.
Legislation at this time would be detrimental to our current
freedom to home school privately in California. If you
become aware through first hand knowledge of any such
attempt to have a legislator introduce legislation
addressing or dealing with home schooling, please contact us
at contact@pheofca.org
immediately!
(2) Please encourage your home schooling
friends to join HSLDA now (www.hslda.org)
for two reasons! (a) Membership in and contributions to
HSLDA will help provide the financial resources needed to
carry on this complex and lengthy court process for judicial
relief from this current ruling. This will benefit all
homeschoolers. (b) HSLDA membership will protect your family
should you be contacted as a result of this Appellate Court
ruling. This will also give you the piece of mind that,
whenever you might need it, you have immediate support from
the only experienced highly successful team of attorneys
specialized in defending private home schoolers in
California and our Nation.
(3) In all situations, it is the Lord Jesus
Christ Who is our refuge, provider, and protector (Psalm
50:10-15). He is sovereign over all. Our Lord reigns! We
are asking that you pray daily and also consider some kind
of periodic fasting during this protracted battle that is
shaping up. Pray for:
* those in authority, especially the judges
involved in this case,
* the Long family involved in this case,
every fellow private homeschooling family
* HSLDA as they prepare to not only handle
this situation but as they respond to all future legal
contacts,
* for us here at Family Protection
Ministries that God would sustain us and that we will be
able to intercept every legislative proposal that could
further erode our freedoms,
* CHEA and every other home school
organization in California, and
* all other individuals and groups
supporting this effort to defend home education.
(4) Continue on with a peaceful heart in your
homeschooling and family life.
***** ***** ***** *****
Permission is given to reprint this document
or distribute it by email in its entirety without
alteration. You are encouraged to link to this document on
our website www.pheofca.org
***** ***** ***** *****
Roy Hanson's HELP Tree
Private and
Home Educators of California
P.O. Box 730
Lincoln, CA 95648-0730
Fax: (916) 415-9470
contact@pheofca.org |
The following is a Press Release from Sunland Christian School.
This is the umbrella school that Long family is affiliated with for
educating their children in the California Case.
|
Sunland Christian School
Press Release
For Immediate Release
March 11, 2008
Bad California Home School Decision Being Put Into
Suspension
Los
Angeles, CA -
Pacific Justice Institute,
on behalf of
Sunland Christian
School
has filed an appeal with the California Supreme Court.
This will put the decision In
re Rachel L.
ruling into suspension (stay), keeping it temporarily from
being used in a court of law, until the process is
finalized.
SUMMARY:
The California Court of Appeals handed down a verdict
concerning homeschooling. This was a bad decision on the
part of the court. In re Rachel L. It was a case about a
family in Sunland Christian School (SCS). The family faced
juvenile court issues, which were resolved, the DCS case was
closed, and the judge resolved the family could continue to
homeschool. However, the children's court appointed
attorneys did not like the decision and appealed the
decision. In the California Court of Appeals, SCS was never
given an opportunity to represent itself and address
who they are and how they function. Much of the information
the court used to render this current decision was on
incomplete and inaccurate information.
CALIFORNIA HOMESCHOOL FACTS:
1. This ruling sets precedent and interprets the law for
everyone in California in its current status. It is not a
ruling just for the family involved.
2. At this moment, there is no provision in the California
Constitution to allow parents a constitutional right to
direct their children's education.
3. California Educational statutes do not currently define
homeschooling.
4. California homeschoolers have been educating their
children under the current laws for the past 27+ years
without any major conflict.
5. This ruling effects both private homeschoolers and
public charter home school programs,distant learning and
independent study programs.
6. Governor Schwarznegger vows to help overturn this
ruling.
7. Filing for an appeal (which SCS's legal team, Pacific
Justice, will be doing) puts in suspension the ruling until
the appeal is denied or heard (possible 4 months to 5
years). During this time no homeschool family will be
challenged in a court of law with this ruling.
Sunland Christian School Facts:
1. Founded in 1986. Began
with 24 students
2. Is a dba of a religious non-profit 501(c)3 corporation
with federal and state tax exempt status.
3. Served over 3000 families.
4. Developed a program for enrolling, supervising,
instructing, and assisting homeschool families.
5. Enrollment - primarily California families, but has
students nationally and internationally.
6. Works concurrently with other private and public schools,
providing their students with courses.
7. Principal Neven has been personally involved in
homeschooling since 1981.
Sunland Christian School
Principal Terry Neven
13216 Leach St., Sylmar, CA 91342
www.home-schooling.org / SCSandCHE@aol.com
818-523-6791 / 1-800-525-4419
YOU CAN READ MORE UPDATES FROM THIS SOURCE BY VISITING:
http://www.home-schooling.org/CA_Court_of_Appeal_-_Ruling/ca_court_of_appeal_-_ruling.html |
March 12th Update—Defending Homeschool Freedom in California -
http://www.hslda.org/hs/state/ca/200803120.aspsp For the most recent news concerning the California Homeschool
Decision, visit HSLDA at
www.hslda.org. |
