Sunday, August 17, 2008

Court backs off ruling that restricted home schooling

OK I'm posting my brothers commentary here:

Court backs off ruling that restricted home schooling:
Timothy M. White, Esquire - Attorney at law
Subject: Fw: SignOnSanDiego.com News Education -- Court backs off ruling that restricted home schooling

Praise the Lord!! The Court of Appeal that in February ruled that homeschooling was illegal in California unless the parent had a teaching credential just issued a new ruling holding that parents can, indeed, homeschool their children without any type of credential, and that their rights can only be taken away if a child has been removed from his/her house for safety reasons and made a dependent of the state through a juvenile court proceeding (e.g., because of physical or sexual abuse, neglect, etc.), which was the law anyway.

I've read the 40+ page opinion from the Court of Appeal, and, in sum, it held California parents have a legal right to homeschool their children, and it recognized that parents' right to direct the upbringing and education of their children are entitled to the highest protection under law (just like freedom of speech, freedom to exercise one's religion, etc. -- meaning that if any court wants to infringe of those parental rights, it must meet the highest legal standard to do so (which makes it VERY hard for the court to ever infringe). That right can only be suspended or taken away if (as the law has always been) there has been a finding in juvenile Court that the child's safety is in serious jeopardy because of physical or sexual abuse, or severe neglect. Thus, the law is now back to where it was before the same Court issued its foolish, and now superseded, ruling back in February.

Prayer does work! And all of the homeschoolers and homeschooling organizations working together on this one really made a difference. The court relied on legal briefs of HSLDA and other Christian homeschooling groups, Jewish homeschoolers, atheists who homeschool their children for non-religious reasons, and even the very liberal CA Attorney General ("Moonbeam" Jerry Brown), the liberal CA Secretary of Education, and the (now we find out) fairly liberal governor, Arnold. Well-known law professors from the right and the far left, who never agree with one another on anything, actually CO-WROTE briefs together in favor of parents' rights to homeschool their children. God's hand controlled this the entire way. Amen!

In Christ,

Tim

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