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
125
Points
CoastalDawg 04/14/08 - 01:20 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
817
Points
Craig Spinks 04/14/08 - 02:58 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
42
Points
patriciathomas 04/14/08 - 03:02 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
1
Points
christian134 04/14/08 - 05:18 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 - 05:36 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 - 05:49 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
42
Points
patriciathomas 04/14/08 - 05:51 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 - 06:39 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 - 07:00 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 - 07:10 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

effete elitist liberal
3173
Points
effete elitist liberal 04/14/08 - 07:32 am
0
0
accuracyplease has it right:

accuracyplease has it right: the knee-jerk reaction of all you conservatives that this is another example of liberal judges "legislating from the bench" in the California home-schooling case is patently false and absurd. None of you seem to know--or care--about the facts. What actually happened in this ruling by the CA Court of Appeals is that the court DEFERRED TO THE LEGISLATURE RATHER THAN SUBSTITUTE IT OWN VIEWS. Please, read the case!!! It's very clear. It was the CA state legislature, the elected representatives of the people of the state of California, who passed the law requiring that home schooling teachers be certified. The court simply read the law and applied it. In truth, this case represents just what all you conservatives claim you want: judges who uphold the "will of the people" as represented in the laws passed by the legislature, rather than strike down those laws and replace them with their own personal views.

shivas
2
Points
shivas 04/14/08 - 07:33 am
0
0
In order to quit, one must

In order to quit, one must first, start.

effete elitist liberal
3173
Points
effete elitist liberal 04/14/08 - 07:40 am
0
0
I continue. The CA Court of

I continue. The CA Court of Appeals here restrained itself, limiting its decision merely to FOLLOWING THE LAW. There is NO ambiguity in the applicable CA law: home schooling teachers must be certified. The remedy here for those who don't like the law is to change the law! But don't blame the court for a ruling totally consistent with the law as now written. Really, all you posters ranting about how the court was abusive here are laughably wrong. Try doing a minimum of reading and checking before you all commit yourselves to such public displays of ignorance and prejudice as the above posts.

anotherlook
101
Points
anotherlook 04/14/08 - 07:45 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 - 08:01 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.

effete elitist liberal
3173
Points
effete elitist liberal 04/14/08 - 08:19 am
0
0
anotherlook: the existing CA

anotherlook: the existing CA law requires that public school teachers and home school teachers be "certified." The same law allows some "wiggle room" for established private schools on the theory that teachers in private schools are supervised and their teaching evaluated by the private school administrators. The CA legislature requires home school teachers to be certified like public school teachers because such supervision and evaluation are not available in the home situation. But the point is that all these requirements were established by the CA legislature. THE COURT MADE NO CHANGE IN THE LAW!!! By the way, the court did address the underlying issue of whether the CA law was unconstitutional and held that a wide range of court decisions at both the state and federal level ratify what the CA legislature did. Again, the proper avenue for those who don't like the law is to try to get it changed. Trying to get a court to overturn what the people's representatives have made law is just what conservatives always say liberals do! Conservatives in this case were actually up in arms because THE COURT REFUSED TO BE ACTIVIST!!!!

Fiat_Lux
16246
Points
Fiat_Lux 04/14/08 - 08:19 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
24071
Points
justthefacts 04/14/08 - 08:24 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 - 08:32 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.

effete elitist liberal
3173
Points
effete elitist liberal 04/14/08 - 09:30 am
0
0
constitutionnow: once again,

constitutionnow: once again, ignorance on parade! Had you actually read the CA Appeals Court decision, as I have, you would know the court reviewed the "freedom of religion" argument thoroughly and rejected it. Why don't you review what the court had to say on this issue and tell us all why you think the court's reasoning was wrong, given all the precedents the court is restrained by. And, of course, your argument that "The Federal government has no right to control the educational system in this country" is irrelevant rhetoric in this case, since the law requiring home school teachers to be certified was a CA law, not a federal one, and the court making this decision was a state court. Your pompous spewing of "constitutionese" simply proves you know little about this case.

shivas
2
Points
shivas 04/14/08 - 09:57 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
0
Points
pablanco 04/14/08 - 10:00 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 - 10:46 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 - 10:50 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
10
Points
imdstuf 04/14/08 - 11:22 am
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.

effete elitist liberal
3173
Points
effete elitist liberal 04/14/08 - 11:31 am
0
0
S.C.Dawg: and where in my

S.C.Dawg: and where in my posts did I "twist" anything? I essentially paraphrased the text of the California Court of Appeals decision. I don't claim to be an expert, either. I do claim to be able to read and understand what I am reading. Can you? Why don't you actually READ the court decision yourself and tell us where my paraphrasing of it is in error.
Give us just ONE example of where I "twist things to mean what [I] want them to mean." Bet you can't, which means your post is not only wrong, but you will have been exposed as a fraud and a phoney.

mable8
2
Points
mable8 04/14/08 - 01:01 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 - 02:09 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.

effete elitist liberal
3173
Points
effete elitist liberal 04/14/08 - 02:42 pm
0
0
S.C. Dawg: I still have read

S.C. Dawg: I still have read not a single substantive argument in your posts. You just rant. Until you actually respond to an argument I have made regarding the AC opinion piece with real analysis and counter-argument, I guess we'll just have to include that I am smarter than at least you....

christian134
1
Points
christian134 04/14/08 - 02:46 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....

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