Sunday, July 13, 2008

Good News out of California

Finally a little good news from California on the homeschool front.

Judge dismisses home-schooling credentials case

A controversial legal ruling that outlawed most forms of home schooling in California will face greater scrutiny because the underlying family court case was dismissed earlier this week.

News of the decision broke Friday as thousands of members of the Christian Home Educators Assn. of California met in Long Beach, where they opened with: "We pray God you deliver home-schoolers in California from the mouth of the lion. . . . Change the hearts of these judges, we pray."

The issue remains in legal limbo. On Thursday, the family court judge terminated its jurisdiction over two of the eight children of Phillip and Mary Long, who were accused of mistreating some of their children. All of the children are currently or had been enrolled at Sunland Christian School, where they would occasionally take tests, but they were educated in their Lynwood home by their mother.
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Home-school advocates said Thursday's decision makes the appellate discussions moot.

"It should mean the whole thing goes away," said Michael Farris, chairman of the Home School Legal Defense Assn. "I'm very optimistic for the long haul. I don't see how in the world this case could be upheld. That [dismissal] absolutely bolsters my optimism greatly."

Edward Steinman, a law professor at Santa Clara University, said he does not believe that the family court dismissal undermines the ruling, but it could provide easy political cover if the appellate court wants to get out of the spotlight.

"I don't think it moots the case. I think it's two separate issues," he said. "The family court issue is the one that triggered [the ruling], but family court is not the one that made" the ruling.

"It should have no effect," he said. "But it became a political football, and the [appellate] court may use this to say 'let's just punt.' "

Part of the reason the matter is up for debate is because, unlike at least 30 other states, California does not specifically address home schooling. Under the state education code, students must be enrolled in a public or private school or can be taught at home by a credentialed tutor.

Hopefully this will lead to a complete reversal of the whole issue. But I fear it is just the beginning. I am more and more convinced that the whole anti-homeschool movement has nothing to do with the quality of education or the qualifications of parents vs. teachers. It is entirely based on the desire for control by the state over children and the general suspicion bureaucrats and education establishment types have towards parents trying to raise their own children. It really comes down to the state declaring that it, not parents, are concerned for and understand what is best for children. When will we see the mandate come down to take children at birth into state homes before parents can pollute them with their crazy ideas? Think that is over the top and nuts? Did you think even ten years ago that states in this country would be legalizing by judicial fiat "marriages" between homosexuals?

2 comments:

Anonymous said...

Arthur, glad to see this on your sight! We have graduated 1 from home, and have 3 left. I cannot imagine how you WIFE has time to let you blog, and read all you do!! Eight kids is twice what we have.

God Bless,
Ed in Eastpointe

Anonymous said...

At least we know that even when the government is in complete control, the church can flourish, as in China.

Ed in Eastpointe