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From the HSLDA E-lert Service...
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California--Court against Home Schooling
LEGISLATIVE NEWSFLASH - March 7, 2008
From: Roy Hanson's Private and Home Educators of California
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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.
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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.
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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."
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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.
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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 contat@pheofca.org immediately!
(2) Please encourage your home schooling friends to join HSLDA now 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.
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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
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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
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The purpose of this communication is to present information and
express our position on the issues addressed. We encourage you to
research this for yourself and come to your own conclusions.
Regardless of your position, we strongly urge you to exercise your
constitutional right to express your position to your elected
representatives. We have included an example of how we have expressed
our position.
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DISCLAIMER: We are not responsible for the accuracy of copies printed,
forwarded, or sent by any party other than directly from Private and
Home Educators of California.
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-> What's the shortest distance between two homeschoolers?
HSLDA's elert service! When threats to homeschool freedoms arise,
you want to be able to respond. We make it possible.
More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1101
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Home School Legal Defense Association
P.O. Box 3000
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Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org
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