A horrendous ruling

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A California judge recently turned thousands of parents homeschooling their children into outlaws.

The case involved one parent who was demonstrably doing a bad job of homeschooling -- and should have been held accountable by the court.

Yet, instead of deciding that one case, the judge ruled that all California homeschoolers were incompetent -- thereby stripping parents of their fundamental right to educate their children, not only in reading, writing and arithmetic, but in spiritual, moral and social values as well.

The ruling was so outrageous -- so at variance with the historic principle that families have the basic right to raise and teach their children without unnecessary interference from the state -- that no one took it seriously.

That changed quickly, however, after the California Court of Appeals agreed with the ruling -- in effect, striking down homeschooling statewide.

Most parents who homeschool their kids do so for two reasons. First, because they think public schools aren't getting the job done. Second, they want to remove their children from the often pernicious environment of drugs, sex, violence and immorality that infest too many public schools.

A court system that orders parents to send their children to such disorderly institutions has way overstepped its bounds. Besides, if the court was to be consistent in its ruling, it would ban the state's entire public school system because one school was doing a lousy job of educating.

In truth, there are a lot more public schools flunking teaching standards than are homeschoolers. Studies show that homeschooled pupils, as a group, have a higher graduation rate, do better on SAT scores and go on to college in greater numbers than do public school students.

The public outrage that followed the appeals court ruling was so overwhelming that the court has decided to take another look at it. There apparently are some activist judicial rulings that even notoriously liberal Californians won't tolerate.

State lawmakers are already moving on legislation to rescue the homeschool movement. Moreover, the appeals court is reconsidering the case which doesn't necessarily mean it will change its ruling. But with public sentiment so heavily in favor of the homeschoolers, it's probably a good bet that if the lower court does reaffirm its dreadful decision, that the state's Supreme Court will not.

Aside from the merits of the case, which greatly favors the homeschoolers, there is the damage done to public confidence in the judicial system when bad rulings like this are handed down from the bench.

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CoastalDawg
126
Points
CoastalDawg 04/14/08 - 02:20 am
0
0
Many judges have lost touch

Many judges have lost touch with reality, lost touch with the very laws which they are supposed to interpret. They have absolutely NO authority in creating ANY law and their decisions must be based on whether or not that particular case is lawful under the constitution of that jurisdiction. It is apparent, and more so in California than anywhere else, that as often as not many decisions now are based on the judge's personal opinion, not the law. How in the world did that judge decide that all homeschooling was inadequate under the law? It is very obvious that he looked at absolutely NO statistics and probably didn't even attempt to apply any law but instead create his own. Recently I was in contact with an individual at one of our service academies - in scanning through sports rosters I located a number of home schooled cadets. If it worked for them well enough to get into a service academy something must be right. A few years ago a young man who had lived with his mother and sisters in a car and had been home schooled had made a PERFECT score on the SAT, far and above the average government schooled students. Time to make our government of, for, and by the people again!

Craig Spinks
819
Points
Craig Spinks 04/14/08 - 03:58 am
0
0
Did the CA judge base his/her

Did the CA judge base his/her ruling on homeschool-bashing "research" provided him by one or more of California's educratic lobbying groups?

patriciathomas
44
Points
patriciathomas 04/14/08 - 04:02 am
0
0
Legislating from the bench

Legislating from the bench has become a staple for the left. In enclaves like California, judges often get away with their illegal behavior. Then other judges cite their rulings as precedent to perpetuate the situation. Voila, new law. This battle must be fought every day.

christian134
2
Points
christian134 04/14/08 - 06:18 am
0
0
This is perhaps one of the

This is perhaps one of the scariest rulings to date concerning what a parent can and cannot teach their children....If the people allow these type of rulings continue unchecked this nation will continue down a path towards a total meltdown. To take away the right to teach our children fundamental learnings, spiritual, and moral values is just a form of insanity that will take our next generations down a path towards total dehumanization. Many, many children in our schools today have learned what it means to become immune to the sufferings of others, to mimic behaviors they have absorbed from violence, doing whatever one wants whatever feels good gang mentality with no consequences attached to their behavior. California has often in the past been a testing ground of favoring behavior of this type. It does not need to spread like a cancer throughout the rest of the states....We must no longer stand silent and allow the Left(immoral)Wing of society run rampant...We must stand together and say "No More"....

Bizarro
13
Points
Bizarro 04/14/08 - 06:36 am
0
0
It's California people what

It's California people what do you expect????????????????????From one of the best school systems in the U.S. to one of the worst.

shivas
2
Points
shivas 04/14/08 - 06:49 am
0
0
Of course, the right never

Of course, the right never legislates from the bench. Yes Bizzarro, under a Republican administration in California. The right-wing has an agenda to destroy the educational system in this country, and it seems to be working.

patriciathomas
44
Points
patriciathomas 04/14/08 - 06:51 am
0
0
shivas, shivas, shivas,

shivas, shivas, shivas, please. Thinking is not a bad thing. Why have you quit?

UncleBill
6
Points
UncleBill 04/14/08 - 07:39 am
0
0
You think someone could find

You think someone could find the actual ruling and post it, rather than talking about something that has not been read or studied?

mgroothand
5
Points
mgroothand 04/14/08 - 08:00 am
0
0
The blame for all this lunacy

The blame for all this lunacy falls squarely on the teacher's unions pushing their agenda on the courts and judges. Homeschooling is a major threat to these unions.

accuracyplease
0
Points
accuracyplease 04/14/08 - 08:10 am
0
0
More misinformed hysteria

More misinformed hysteria without bothering with the facts of the case that was presented. California actually has minimal rules about home schooling. An interpretation of the actual case, and a pdf of the ruling is available at http://www.latimes.com/news/opinion/la-oew-shaffer13mar13,0,5787994.story

shivas
2
Points
shivas 04/14/08 - 08:33 am
0
0
In order to quit, one must

In order to quit, one must first, start.

anotherlook
124
Points
anotherlook 04/14/08 - 08:45 am
0
0
As stated, families may

As stated, families may choose to homeschool for various reasons, in additon to those mentioned, there are others such as: health issues that may impact a child's ability to attend school or to accomodate the learning styles of their child. In Georgia, a high school diploma or a GED is a minimum qualification required to homeschool a child. Parents may not provide homeshooling services for a child over which they do not have legal guardianship. They must file a letter of intent and send regular attendence reports. As for the quality of homeschool education, there are many options available. A family may choose online virtual schooling, educational software, or traditional book form curriculae or any of these combined. I have read the ruling made in California and followed this controversy since it began there. In the case of this ruling, what the judge essentially did was to limit homeschooling to only those persons who have a state teaching certification. You can find out more about homeschooling in Georgia by going to the Georgia Home Educators Association at GHEA.org and about this specific ruling in California from the Home School Legal Defense Association at www.HSLDA.org.

Bizarro
13
Points
Bizarro 04/14/08 - 09:01 am
0
0
EEL is correct home schooling

EEL is correct home schooling is not outlawed. It was never recognized is my understanding?? The "all teachers must be certified" applied to public school teachers (that is my understanding) and the law had been on the books but when the Rachel L. case came up then the judge ruled according to state law that educatiors have to be certified. I think it is also correct that there are little laws applying to homeschooling in CA, which is kinda scary. I'll look for some data on home schooled CA students to see how they have performed compared to public schools. It may go to the Supreme Court but sounds like the legislature needs to finally address the issue and create some guide lines. I'm having a hard time finding credible info because the issue has become so politicized and the spin meisters are at work. Home schooling outlawed by radical judge seems the headlines.

Fiat_Lux
23991
Points
Fiat_Lux 04/14/08 - 09:19 am
0
0
The bottom line on all this

The bottom line on all this broo-ha-ha is that the Californication misleducation union was able to get this legislation passed, specifically in order to force parents who aren't rich enough to give over control of their children's education to the leftist social and moral re-engineering in public schools. It that were not the case, why wouldn't they be doing what virtually every other state with any rules at all do: require attendance logs and performance evaluations to be submitted by homeschoolers? Or why doesn't Californication offer correspondence and online schools? Even South Carolina has some of those and it's dead last in the national education rakings. This is not about education of children but about social engineering with a completely leftist agenda pushing it.

justthefacts
49666
Points
justthefacts 04/14/08 - 09:24 am
0
0
Shivas, you said, "The

Shivas, you said, "The right-wing has an agenda to destroy the educational system in this country, and it seems to be working."
Why would anyone want to destroy something that is working so well?

constitutionnow
0
Points
constitutionnow 04/14/08 - 09:32 am
0
0
One could argue against this

One could argue against this ruling on the basis it violates the constitution by prohibiting the freedom of religion in that there may be religious connotations in the parental decision to homeschool their children. And no, this is not a singularly Christian arguement. There may be parents of several faiths that wish to indoctrinate their children into their set of values and beliefs. This ruling may also violate the 10th amendment by requiring children to attend a government mandated, federally funded public school. The Federal government has no statutory power to control the educational system in this country, period! I don't buy all the arguements that it's too late now, what's done is done. Let's get our government out of our schools and back into our communities where it belongs.

shivas
2
Points
shivas 04/14/08 - 10:57 am
0
0
Because the right-wing has an

Because the right-wing has an agenda to put religion in education, and disregard the Constitution of this country.

pablanco
1
Points
pablanco 04/14/08 - 11:00 am
0
0
I want to give credit where

I want to give credit where credit is due. Who is responsible for Shiva's eduction? The right or the left? Gotta be the other left!

S.C. Dawg
0
Points
S.C. Dawg 04/14/08 - 11:46 am
0
0
EEL, the fact that you

EEL, the fact that you research things does not make you an expert on the matter, especially since your liberal sickness requires you to twist things to mean what you want them to mean. And also by the fact that individuals like injustice4, slimas, poorblanco, and INSANECAIN often see things like you does not help your quest to become RESIDENT EXPERT.

S.C. Dawg
0
Points
S.C. Dawg 04/14/08 - 11:50 am
0
0
Not until schools can be

Not until schools can be guaranteed to be "Safe" from harm coming to my child, they can rule all they want to, my kid will not attend.

imdstuf
12
Points
imdstuf 04/14/08 - 12:22 pm
0
0
I think this is funny how

I think this is funny how this has turned into another my party vs your party battle. Overall in the nation I am sure there are people on both the right and left who will argue for homeschooling, and against homeschooling. I know our public education is not great lately, but should we let some of the bubbas around here educate their kids without being certified? It would be like that movie "Ideocracy" where over time society was dumbed down.

mable8
5
Points
mable8 04/14/08 - 02:01 pm
0
0
There is just too much

There is just too much governmental intrusion into the family life, a parent should ALWAYS have the right to home school or use the public school system--which no longer educates, but does really well in producing robots with an extraordinary aptitude for miming. Quite frankly, public schools should be closed down, leaving the parents to educate their young. If they want their children to attend a bonafide school, then it should be paid for by the parents and not the general public. Neither should my tax dollar be used to support these unsightly institutions or pay those teachers if ill repute. That is my alternative suggestion to those who complain, yet won't DO anything to correct the sorry educational mess we are now experiencing. I truly despise the teacher who does not teach and never had the desire to do so--their only interest was the $ factor (and $45k/year is quite nice). And by the way, judges CANNOT make laws; if they have tried to do so and legislatures buy into it, the PEOPLE have avenues to challenge via the Federal Court system--which is what the Californians should do.

S.C. Dawg
0
Points
S.C. Dawg 04/14/08 - 03:09 pm
0
0
EEL, knee jerk, false,

EEL, knee jerk, false, absurd, none of you know,laughably wrong, ignorance, predjudice,pompous spewing, fraud, and phony are all words you have used today to describe anyone who has a differing opinion from yours. You obviously think you are smarter than anyone else here. And turning conservative arguments around so that you can hear only what you want to hear is a lib trait that you excel in on an everyday basis. Arguing for the sake of progress with someone like you is futile.

christian134
2
Points
christian134 04/14/08 - 03:46 pm
0
0
Nope effete....the smarter

Nope effete....the smarter part doesn't suit you...try try again...something will come along..:-) Hey by the way never did say Hello and how is your day progressing did I?.....Hope all is good....

triscuit
4415
Points
triscuit 04/14/08 - 04:35 pm
0
0
I will not argue the case,

I will not argue the case, other than to say I think it is bad that they are saying a parent cannot educate their chidl, but as a former homeschooling mom, I think everyone always generalizes homeschoolers. The kids you see on the national spelling/geography bees are exceptional homeschool students, just like the others that go to government/private schools. There's nothing magical in homeschooling..there are very smart kids and average, and below average performers. There are good homeschooling families who have kids that go on to excel in college and there are some parents who would rather "homeschool" than get themselves and their kids up and dressed and out the door in the mornings. Here in GA and in Richmond Co., the guidelines are VERY lax and the Board of Education has too much else on it's plate to worry about checking up on homeschoolers. Unless someone puts in a complaint, it rarely gets checked out. I have no college degree, but my child graduated and is attending college. There are many avenues available to homeschoolers today, outside the home, from accredited teachers, so that the kids can get the same, if not better, upper-level classes.

WHATDIDIDO
0
Points
WHATDIDIDO 04/14/08 - 04:39 pm
0
0
Triscuitt, a very good post.

Triscuitt, a very good post.

JohnQPublic
5
Points
JohnQPublic 04/14/08 - 05:13 pm
0
0
In Georgia, all a parent

In Georgia, all a parent needs to be able to homeschool is a GED. Some homeschooed do great and others are not prepared for college.

Bizarro
13
Points
Bizarro 04/14/08 - 07:07 pm
0
0
All kids should be

All kids should be "homeschooled" whether they attend public school,private, etc. if you know what I mean. Getting a child interested in reading is the trick, and encouraging math skills like using a slide rule and log tables and multiplying two digit numbers rather than just using a calculator. My mother made all her children take piano lessons, dance lessons (she made me take tap dancing-ughhhh), read, work cross-word puzzles, and she would drill us on various subjects. None of us play the piano, and I'm no hoofer. hee,hee. But all of us went to college and attained academic or professional degrees. We all knew we would go to college because there was no other option, because my father took the saying "I'm gonna beat some sense into you" literally. Hee,hee.

Bizarro
13
Points
Bizarro 04/14/08 - 08:39 pm
0
0
It does give one pause to

It does give one pause to consider CA has a law for certified public school teachers and yet they are still ranked poorly in the nation. My best chemistry professor was an education major by degree,yet he explained things better than the department chair who was just absolutely brilliant and a chemistry major by degree. I don't know what "qualified to teach" means anymore.

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