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California Home School Ruling: Will this affect the GE this year?

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sfam Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 05:52 PM
Original message
California Home School Ruling: Will this affect the GE this year?
The state of California recently determined that parents who home school their children without a valid teaching certificate are breaking the law. I think the whole issue of whether home schooling should be legal has the potential for becoming an election issue. Personally, I think the California ruling which banned it is misguided. As long as they still need to pass the same tests to get into college, I don't understand the rationale for teh state stepping in here. Hopefully the democratic candidate, whomever it is, agrees with this position.

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http://www.npr.org/templates/story/story.php?storyId=88091569

California Home Schoolers Get the Heave-Ho

The Bryant Park Project, March 11, 2008 · An appellate court in California recently ruled that parents who home school their kids may be breaking the law. The decision requires parents to have filed paperwork to run their own private school, or to have enrolled their kids in a satellite school or to have credentialed tutors to do the teaching.

Luis Huerta, an assistant professor of education and public policy at Columbia University, says the decision could have massive implications not just for the nation's home schoolers, but for privacy advocates and future California Supreme Court decision-making.

It's difficult to give a snapshot of the people who home school in the United States, Huerta says. "It's an elusive number, and it's very difficult to track them down," he says. "If they chose to home school, they've chosen not to report to the state." He says there are probably 1.2 million children taught at home in the United States, up from 600,000 in 1996, a doubling in a little more than 10 years.

There are three dominant motivations most parents cite for home schooling their children. Religiosity has always been the principle reason. Another reason is politics, as most home schoolers are traditionally are conservative. But some are simply libertarians.

Huerta says regulations guiding the practice are fairly loose in most states. Only 34 to 35 states bother to explicitly acknowledge home schooling at all in their codes. Despite this absence, Huerta says, states like California do seem to permit for home schooling by allowing parents to teach their children at home as long as they file paperwork establishing themselves as small private schools, hire credentialed tutors or enroll their children in satellite schools.

But the court ruling that declared some home schooling unconstitutional, Huerta says, seemed to indicate that California regulators' occasional monitoring of the family's home efforts was deemed insufficient to qualify children as being enrolled in a school.

Huerta says the ruling is an unprecedented decision, and one that has prompted an uprising not just among home schoolers but also among privacy advocates. "This is an issue that's going to be taken all the way to the Supreme Court," he says. "It's going to open a Pandora's box of issues the court may not want to address."

He says the stakes are particularly high. "This begins that slippery slope of regulating home schooling," he says. But don't underestimate the parents of those 1.2 million home schoolers, who are, he says, a very organized robust group, that they will be very quick to organize, and very quick to do aggressive lobbying to make sure the state doesn't pursue this. "They will fight tooth and nail to keep the state out of their living rooms, it's what the home schoolers have fought for so hard for so long."
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sfam Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 06:02 PM
Response to Original message
1. Nobody even has a thought on this? Perhaps I should have added something nasty...
to the post in order to get a response?
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housewolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 06:22 PM
Response to Original message
2. I'm not a lawyer but the Appeals Court ruling appears to me
Edited on Fri Mar-14-08 06:25 PM by housewolf
to be in accordance with the law and the State Constitution of California.

The critical point is this: states like California do seem to permit for home schooling by allowing parents to teach their children at home as long as they file paperwork establishing themselves as small private schools, hire credentialed tutors or enroll their children in satellite schools

It's saying that according to Calif law, only people/organizations that the state certifies or sanctions are elligible to be full-time educators of children.

I doubt if Calif is going to go a witch hunt to identify & prosecute every home-schooling parent, but they're going to have to figure out something... either change the law or figure out some way to get the parents some sort of certification.


Edited to add: This ruling was a Calif ruling and as it stands, only affects California. At this point, it's a state issue but who know what can happen between now and next November.

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sfam Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 06:49 PM
Response to Reply #2
3. The concern I had with this was the teachers union, which...
seemed to think that home schooling should be illegal. If they can use their muscle here and stop the state from changing the law, this certainly has the potential to become a national issue over night. This only happens though if the republicans and democrats come out on different sides of this issue.

Anyone know if either Barack or Hillary has even said anything on home schooling?
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 07:22 PM
Response to Reply #3
7. I guarantee you any union trying to end homeschooling ...
will lose this battle (I'll bet the farm on it). This has mobilized literally hundreds of thousands of residents involved in 'homeschooling,' independent study programs, and self-study programs (sometimes there is a thin line between all of them). In any case, I have been told by a few insiders, who have been on school boards, that the school boards actually like homeschooling because it saves them money. How? Well, school board members know that parents, working with a teacher, monthly can effectively teach kids that may not be right for a conventional classroom for various reasons (ongoing physical illness, mild learning problems, etc.), and trying to set up special situations for each kid would be cost prohibitive. For example, one of our homeschooling pals - the kid - has juvenile diabetes. The school would always screw up her very delicate eating schedule and medication regimen (there are basically gland-disease-related/autoimmune-related issues in the family). Homeschooling (or homeschooling with a 1-2-day-per-week classroom instruction program) has been a lifesaver for her. Mom can be with her in the classroom when necessary, and the delicate regime gets followed without incident.

My gut feel? The Powers That Be might try to encourage everyone to go through certain schools, assuring that the kids' educations are meeting state standards (via following a program like I described above - the one that I participate in). Everyone wins in a program like that. Believe it or not, I get a great deal of freedom. I have to fill out fairly extensive paperwork - naming a subject and activity every day, showing work samples, showing that my kid is learning when we meet with the teacher, showing that she engages in regular physical ed. activity, and the like. However, it just doesn't seem like that much of a burden. I actually practice testing with her - the standardized variety, and she is getting darn good at it! We practice writing 'on-the-spot' paragraphs, and the like. My educational facilitator is the best - she actually appreciates the 'hands-on' activities (e.g experiments, presentations, and chart projects we think up), and the effort we put into practicing basic skills. I feel fairly free in terms of the pace and creativity. I hope that my input makes sense.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 06:49 PM
Response to Original message
4. O.K., this California homeschooler has had it ..
everyone is making a big deal out of this (plus I have a law degree - I'm not a practicing attorney, I'm into real estate investment). I'm ranting at the computer screen, not you (sorry). I've been pestered by nearly everyone I've encountered the last few days.

The California Educational "Super" (head of our Dept. of Ed.) has stated that California families still have a right to homeschool, and that, since I go through a public charter school, this decision definitely does NOT apply to my situation. You see, I meet with a licensed (credentialed) teacher once per month. She reviews the work we have done, takes samples, and tests or questions my daughter each month. My daughter takes the same annual testing the other kids do. I use a curriculum that is state-approved (I may supplement with things that meet state standards also, and change assignments if it meets the standards).

Now, this decision is probably not going to apply to anyone because it is a DEPENDENCY court case; these kids were in the legal custody of the Court. So, the basic issue is what the state can mandate for kids it has in its legal custody (although they . Most probably, this case will be depublished, and be deemed only applicable to this family.

If the Court's decision applies to anyone, it would likely be to those who have not agreed to meet Cal standards (those who go through a private school or no one at all); HOWEVER, legislature trumps a court decision (unless a fundamental right is involved); and the governor and state legislature have explicitly stated that should anyone act to disallow homeschooling, they will fix things legislatively.

It appears that the HSLDA (Home School Legal Defense Association) is angling to try and get homeschooling declared a fundamental right. In my humble opinion, they will lose on this one, because this falls under a state's "police power" (see the U.S. Tenth Amendment, giving all nonenumerated powers to the States). There are those of us who feel that things are going well, the governor and legislature (and State Ed Head) are behind us, and we don't need the Religious Right angling for case precedent. One of their own, Gary Bauer, has told them essentially to shut up and not pursue this.

Anyway ... I'm sorry for the rant ... thanks for listening.

P.S. I believe the state gets Fed $ for my daughter's participation in the program; this mind, in the end, be about $. If it is, I'll guarantee you that my type of program will be protected; as to those going on their own, or going through a private school, they will be the ones to get restricted by further legislation. So, if I were them, I'd go on my merry way, and tell the lawyers to shut up.
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housewolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 06:54 PM
Response to Reply #4
5. Oh, thanks for the clarification!
(It didn't feel like a rant to me, it just felt like information from someone who knows much better than I do.)

I appreciate the info!

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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 07:10 PM
Response to Reply #5
6. Are you a homeschooler?
We have a homeschoolers' group here on DU.

Homeschooling has been a lifesaver for us; my kid is brilliant, but just doesn't do very well in a conventional classroom.

We're having a great time; I'm finding educational films online, and through Netflix. We make up presentations for each other on topics, and then do the exercises. She's really doing well.
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housewolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 07:23 PM
Response to Reply #6
8. No, I'm not...
But my sister in Calif is so I have some interest.

Thanks for the invite. Hope you're having as much fun as my sister is with her kids.

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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-14-08 07:35 PM
Response to Reply #8
9. I'm just having a blast.
Edited on Fri Mar-14-08 07:37 PM by Maat
Of course, we've made the financial sacrifice so that we can do it. I was ending up spending hours with her every night and on weekends because they were leaving her behind in class. So, I decided that, if Hubby and I were going to be working that hard, it was going to be during the day, when all of us had energy, and not when we were all tired, impatience, and exhausted. Hubby works out of the house, and I just inherited a bit from my dad, so we are fortunate and can swing it.

It's good to hear about your sis; I hope that she is having fun. Tell her to stay unworried about it. This will sort itself out, and we'll be in the winning circle. I just know it.

I was a social worker for years. The case they are stirring up publicity about involves a Dependency Court case; these cases and the related rulings generally only wind up applying to the family in question.

PLUS, I heard through the grapevine that the mom in question had been fibbing about what she had done (in a very significant fashion - as in not complying with many requirements).

Both my educational facilitator (the teacher) and I take very seriously the monthly activities in Language Arts (writing, grammar, reading, and handwriting), Math, Science, Social Studies and Phys. Ed. Some just want to teach their kid Bible verses, and that doesn't cut it with the reps of the educational system.
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