Homeschool Case in California
by shenanigans
Fri Mar 07, 2008 at 11:17:07 AM PDT
The internet is already abuzz with commentary about a recent case involving a homeschooling family, where a California judge, Justice H. Walter Croskey, wrote, "Parents do not have a constitutional right to home school their children."
And so people have taken that one line and started lining up on either side of the issue, with homeschooling advocates threatening to take it "all the way to the Supreme Court" and homeschooling foes apparently declaring some sort of victory. The defendant himself declared he believes the ruling stems from hostility against Christians and vowed to appeal to the state Supreme Court.
But when you look at the details of this case in context (which even some media didn't report), it changes the debate entirely:
The appellate court ruling stems from a case involving Lynwood parents Phillip and Mary Long, who were repeatedly referred to the Los Angeles County Department of Children and Family Services over various allegations, including claims of physical abuse, involving some of their eight children.
All of the children are currently or had been enrolled in Sunland Christian School, where they would occasionally take tests, but were educated in their home by their mother, Phillip Long said.
A lawyer appointed to represent two of the Long's young children requested that the court require them to physically attend a public or private school where adults could monitor their well-being. A trial court disagreed, but the children's lawyer appealed to the 2nd District Court of Appeal, which has jurisdiction over Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties.
The appellate panel ruled that Sunland officials' occasional monitoring of the Longs' home schooling -- with the children taking some tests at the school -- is insufficient to qualify as being enrolled in a private school. Since Mary Long does not have a teaching credential, the family is violating state laws, the ruling said.
"Parents do not have a constitutional right to home school their children," wrote Justice H. Walter Croskey in a Feb. 28 opinion signed by the two other members of the district court. "Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program."
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