gtnas5
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California's Threat to Homeschooling Thread--Victory Received!
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From the HSLDA E-lert Service... ======================================================================
Dear HSLDA Members and Friends:
In what could be one of the most important homeschooling related broadcasts in 25 years, James Dobson interviews HSLDA Chairman Michael Farris on the developing situation in California.
We encourage all homeschoolers to listen to this broadcast, and ask you to forward this information to anyone who is concerned about homeschool freedom, parental rights and the direction of our courts.
Broadcast: Focus on the Family daily radio broadcast with Dr. James Dobson.
Program Title: California's Threat to Homeschooling Families.
Airdate: Friday, March 7, 2008.
Since the broadcast is aired on stations across the country at different times, please visit ----
http://listen.family.org/findastation/ and search for "Daily Focus on the Family Broadcast" to find the station that covers your area.
You can help stop this threat to homeschooling by signing an online petition to depublish the Court of Appeal opinion at
http://hslda.org/elink.asp?ID=4831
Sincerely,
Ian Slatter
Director of Media Relations
======================================================================
The HSLDA E-lert Service is a service of:
Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org
----------------------------------------------------------------------
How To Subscribe:
- Subscribe to the HSLDA E-lert Service at our website:
https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe
- Or send an email with name and complete mailing address to:
subscribe@hslda.org
Last edited by gtnas5, 8/8/2008, 2:22 pm
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3/6/2008, 4:28 pm
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gtnas5
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Broadcast times in Portland today and online link
City Station Frequency Days Time
Portland KPDQ 800 AM Mon - Fri 8:00 PM
Portland KPDQ 800 AM Mon - Fri 3:30 AM
Portland KPDQ 93.9 FM Mon - Fri 7:00 AM
Portland KPDQ 93.9 FM Mon - Fri 11:00 AM
For those who wish to listen online, you can hear it at:
http://listen.family.org/daily/A000000997.cfm
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3/7/2008, 8:42 am
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gtnas5
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HSLDA's response to the California Decisions, 2 petitions
Here's HSLDA's update on the California decision:
http://www.hslda.org/hs/state/ca/200803120.asp
In this article HSLDA gives a background of the facts surrounding the California decision, the current update, and offers its potential solutions.
HSLDA mentions 2 petitions for which it provides links.
The first, for a short-range solution, HSLDA offers a petition to unpublish the California Court of Appeals' decision so that this decision can no longer be considered as precedent by other courts.
For the second, long-range solution, HSLDA offers a petition for the Parental Rights Amendment, which would protect parents by US Constitutional Amendment from unnecessary intrusion by government.
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3/12/2008, 3:50 pm
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gtnas5
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HSLDA update: Coming Together in California
Homeschool-based organizations are joining HSLDA to come together to undo the harmful effects of the California Court of Appeals' Decision.
http://www.hslda.org/hs/state/ca/200803260.asp
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3/26/2008, 5:04 pm
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gtnas5
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California Decision Vacated, Court will Rehear Case
OCEANetwork Alert and Information Email Service
www.OCEANetwork.org mail@OCEANetwork.org
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From the HSLDA E-lert Service... ======================================================================
Court of Appeal Grants Petition for Re-hearing
On March 25, the California Court of Appeal granted a motion for rehearing in the 'In re Rachel L.' case--the controversial decision which purported to ban all homeschooling in that state unless the parents held a teaching license qualifying them to teach in public schools.
The automatic effect of granting this motion is that the prior opinion is vacated and is no longer binding on any one, including the parties in the case.
The Court of Appeal has solicited a number of public school establishment organizations to submit amicus briefs including the California Superintendent of Public Instruction, California Department of Education, the Los Angeles Unified School District, and three California teacher unions.
The court also granted permission to Sunland Christian School to file an amicus brief. The order also indicates that it will consider amicus applications from other groups.
Home School Legal Defense Association will seek permission to file such an amicus brief and will coordinate efforts with a number of organizations interesting in filing briefs to support the right of parents to homeschool their children in California.
"This is a great first step," said Michael Farris, chairman of HSLDA.
"We are very glad that this case will be reheard and that this opinion has been vacated, but there is no guarantee as to what the ultimate outcome will be. This case remains our top priority," he added.
======================================================================
The HSLDA E-lert Service is a service of:
Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
Web: http://www.hslda.org
..............................................................................
If you know an Oregon home educating friend who would be interested in this
topic, please pass this message along.
You can subscribe directly to the free OCEANetwork Alert and Information E-mail
Service at http://www.oceanetwork.org/membership/signup.cfm.
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3/27/2008, 12:06 am
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gtnas5
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HSLDA has filed a brief before the Court, oral argument anticipated in June
Dear HSLDA Members and Friends,
On May 19 all the filings of the legal briefs to re-hear the case In re Rachel L. were completed.
The Court of Appeal, which made the fateful decision on February 28, 2008 to declare all homeschooling illegal unless the parent is a certified teacher, will now begin the process of considering the arguments. The current schedule anticipates oral arguments to begin this June.
HSLDA has been at the forefront of the process to defend the right to homeschool in California and across the country. In this case, we were able to successfully help Gary Kreep of the U.S. Justice Foundation, who represents the father at the center of this case, Mr. L., to prepare the arguments to grant the petition for re-hearing. When the Court of Appeal granted the petition for rehearing, the original opinion was vacated and no longer has any legal effect.
Furthermore, in the latest round of filings, we have also been able to provide substantial assistance to the Alliance Defense Fund, which is partnering with the U.S. Justice Foundation in order to make the strongest argument possible to preserve homeschool freedom in California. So much is at stake, and all parties involved have shared their unique perspective to present the best case possible.
HSLDA has also filed a friend-of-the-court brief in conjunction with Focus on the Family and Family Protection Ministries to show the benefits of a home education. These arguments draw on the extensive development of homeschooling and the successful track record of parents educating their children at home.
Also, Governor Arnold Schwarzenegger has filed a brief in conjunction with the Attorney General of California, which supports a parent’s right to homeschool. Their brief begins with this statement: “Recognizing that home-schooling has a long and positive history in California and across the nation, the State of California provides a broad statutory framework that authorizes and regulates the practice.” In other words, the Governor and Attorney General are strongly arguing for no changes to the current law. To read the brief click here.
While we do not know what the court will decide, you can be confident that hundreds of hours were spent by many different organizations to defend your right to homeschool.
We hope and pray for a successful outcome in this case.
Sincerely,
J. Michael Smith
HSLDA President
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5/27/2008, 4:06 pm
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gtnas5
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HSLDA June 23rd update
On Monday, June 23, 2008, HSLDA founder Mike Farris argued in defense of homeschooling in the California Court of Appeal in the now-infamous Rachel L. case. In February, this same court had ruled that homeschooling is illegal in California. The court later vacated its own decision in response to a request for rehearing filed by attorney for the father, Gary Kreep of the United States Justice Foundation, with substantial assistance by Farris and other attorneys at HSLDA. Farris argued as a friend of the court on behalf of HSLDA's 15,000 member families in California, as well as Focus on the Family, and Private and Home Educators of California.
Farris was joined in his defense of homeschooling by lawyers representing the Attorney General and Governor of California, the Superintendent of Public Instruction, California’s three largest homeschooling groups (California Homeschool Network, Homeschool Association of California and Christian Home Educators of California), Pacific Justice Institute on behalf of Sunland Christian School, and Alliance Defense Fund lawyer Jeff Shafer, on behalf of the family.
“The weight of legal and scholarly authority presented to this court in defense of homeschooling is unprecedented,” said Farris, who has argued dozens of similar cases since founding HSLDA 25 years ago.
In addition to those who presented oral argument, friend-of-the-court briefs in support of the right of parents to homeschool were submitted by Pacific Legal Foundation, National Legal Foundation, Sutherland Institute, Liberty Counsel on behalf of 13 members of Congress, Gifted Homeschoolers Forum, et al, Seventh Day Adventist Church State Council, Center for Constitutional Jurisprudence (prepared by noted law professors David Llewellyn, John Eastman, and Erwin Chemerinsky), American Center for Law and Justice and The Western Center for Law and Policy.
Farris is guardedly optimistic that the three-judge panel will not repeat its earlier error, but he covets your prayers. “The homeschooling movement has been successful not because of the work of lawyers but because the Lord has blessed it,” noted Farris. “We must always remember Proverbs 21:1—‘The king’s heart is in the hand of the Lord, like the rivers of water; He turns it wherever he wishes.’ ”
A decision is expected within a few weeks.
Sincerely,
J. Michael Smith
HSLDA President
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6/25/2008, 12:38 pm
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gtnas5
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A Great Victory for California Homeschoolers
Dear HSLDA Members and Friends:
In a unanimous decision, the California Court of Appeal for the Second Appellate District today ruled that “California statutes permit home schooling as a species of private school education.”
Today’s decision stands in stark contrast to the opinion this same three-judge panel issued in February, which would have made California the only state in the union to outlaw home education had it remained in effect.
“It is unusual for an appellate court to grant a petition for rehearing as this court did in March,” said HSLDA Chairman Mike Farris, “but it is truly remarkable for a court to completely reverse its own earlier opinion. We thank you for your prayers and give God the glory for this great victory.”
When the court vacated its earlier decision on March 25, 2008, it invited interested organizations to file friend-of-the-court briefs. “I have never seen such an impressive array of people and organizations coming to the defense of homeschooling,” said Farris, who was one of the attorneys who argued the case on rehearing along with Alliance Defense Fund attorney Jeff Shafer, who represented the father. The father was also represented by Gary Kreep of the United States Justice Foundation.
California’s three largest homeschool organizations, California Homeschool Network, Homeschool Association of California and Christian Home Education Association joined together in one brief to defend the right of all parents to homeschool. HSLDA, Family Protection Ministries and Focus on the Family also joined in a separate brief. Numerous other private organizations came to the defense of home education as did California’s governor, attorney general, and superintendent of public instruction.
We are extremely grateful to all of the organizations who worked tirelessly to protect and preserve homeschooling freedom in California. We are also thankful for you, our members, for your prayers and support during this trying season.
The freedom to homeschool is a precious gift from God. But keeping it free requires vigilance and perseverance. We must continue to work together diligently to preserve this precious freedom in California and elsewhere.
Sincerely,
J. Michael Smith
HSLDA President
To read the full opinion click here. Below are excerpts from the opinion:
We will conclude that: (1) California statutes permit home schooling as a species of private school education; and (2) the statutory permission to home school may constitutionally be overridden in order to protect the safety of a child who has been declared dependent. [FN1: We use the terms “home school” and “home schooling” to refer to full-time education in the home by a parent or guardian who does not necessarily possess a teaching credential.]
...
Although the Legislature did not amend the statutory scheme so as to expressly permit home schooling, more recent enactments demonstrate an apparent acceptance by the Legislature of the proposition that home schooling is taking place in California, with home schools allowed as private schools. Recent statutes indicate that the Legislature is aware that some parents in California home school their children by declaring their homes to be private schools. Moreover, several statutory enactments indicate a legislative approval of home schooling, by exempting home schools from requirements otherwise applicable to private schools.
...
While the Legislature has never acted to expressly supersede Turner and Shinn, it has acted as though home schooling is, in fact, permitted in California.
...
While the legislative history of Education Code section 44237 is somewhat complicated, it confirms this interpretation, and also reflects the Legislature’s apparent intent to accommodate home schooling parents.
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The most logical interpretation of subsequent legislative enactments and regulatory provisions supports the conclusion that a home school can, in fact, fall within the private school exception to the general compulsory education law.
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We therefore conclude that home schools may constitute private schools.
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While the interpretation of the private school exemption is ultimately an issue for the courts, we find it significant that education and enforcement officials at both the state and local levels agree that home schools may constitute private schools.
...
In short, the rule of Turner and Shinn has been discounted as a doctrinal anachronism, and clinging to such precedent would undermine a practice that has been, if not actively encouraged, at least acknowledged and accepted by officials and the public for many years.
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8/8/2008, 2:20 pm
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