Welcome!

The purpose for this blog is to provide homeschoolers with information about issues that are pertinent to the homeschool community. Mike Huckabee has been a great supporter of the right to homeschool and of parental rights in general. So this homeschool family hearts Huckabee!

Wednesday, March 12, 2008

Update on homeschool situation in California

The following is an update on the developing situation in California from Michael Farris, chairman, Home School Legal Defense Association.

State Superintendent Supports Homeschooling
CA Case Petition

On Tuesday, March 11, Jack O’Connell, California Superintendent of Public Instruction, announced that he believed that homeschooling is still legal in California. O’Connell’s statement is welcome news. Click here to read O’Connell’s statement. Some might conclude that the statement ends the controversy. However, it is not the end of the matter; it is just an important step along the way.

His clarifying statement was probably the result of the massive public outcry against the February 28 decision of the California Court of Appeal which effectively ruled that homeschooling is illegal in California unless conducted by a credentialed teacher and that parents have no constitutional right to homeschool.

O’Connell’s statement is helpful, but the courts will undoubtedly take the position that their determination of the meaning of state law is final even though they should give serious deference to the position of the Superintendent of Public Instruction.

It should also be remembered that local school districts make the decision about when to initiate prosecutions for truancy, and they are not officially controlled by the state agency on these matters. However, many local officials may be influenced by O’Connell’s positive statement.

Did the February 28 Ruling Intend to Affect All Homeschooling Families?

Some have contended that the decision of the Court of Appeal in In Re Rachel L. only affects that particular family. While a court order can only direct one family to stop homeschooling, the case clearly sets a legal precedent that will be binding against all other families if this case is not reversed. (Technically, the decision is binding only in the Second District which consists of Los Angeles, San Luis Obispo, Santa Barbara, and Ventura counties. However, other appellate districts will normally treat it as persuasive precedent. If ratified by the Supreme Court of California, it formally binds all California counties.)

There are two basic issues in the case:

  1. Does state law allow parents to homeschool without a state teaching credential?

  2. If not, is this law unconstitutional?

Below are three short quotations from the case which give the clear answer:

“It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught.”
“California courts have held that under provisions in the Education Code, parents do not have a constitutional right to school their children in their own home.”
“We agree with the Shinn court’s statement that ‘the educational program of the State of California was designed to promote the general welfare of all the people and was not designed to accommodate the personal ideas of any individual in the field of education.’ ”

In the first quote the court makes it clear that it believes that parents may not operate their own private schools. In the second they deny that a parent has a constitutional right to homeschool, and in the third they concur that California law does not accommodate parents pursuing their own education program for their children.

As you can see, the decision is categorical and was not written to be limited to just the facts of this case.

Due to the scope of the court decision, HSLDA is pleased to be working with other self-identified pro-homeschooling organizations, including Christian Home Educators Association of California (CHEA), Homeschool Association of California (HSC), California Homeschool Network (CHN), and Family Protection Ministries (FPM) in order to oppose this ruling. We are all in this one together.

What is HSLDA’s Immediate Plan of Action?

We plan to:

  1. Support the family’s petition for review to the California Supreme Court.

  2. File an amicus brief on behalf of all our members, and others we represent, if the California Supreme Court accepts the case for review.
What Can California Homeschoolers Expect in the Short Run?

We believe that it is highly unlikely that local officials will begin proceedings against homeschool families until this present case is resolved.

This ruling has obviously caused great concern among California homeschoolers. We want to remind all California homeschoolers that you should stay calm in the face of this decision. Please continue to operate your homeschool, because we believe that our interpretation of the law is correct and will ultimately prevail in the court system.

We must remain vigilant, however. If you are a member of HSLDA, and you are contacted by a school district, please contact HSLDA immediately.

Long-Range Solution

On another front, later today I am meeting with a half-dozen congressmen to plan a strategy to push for a constitutional amendment on parental rights. We have been receiving numerous calls from members of Congress wanting to respond to this decision. Visit ParentalRights.org for more information.

Final Thoughts/Conclusion

The way the homeschool law has worked in California for the past two decades has been successful for all homeschoolers. If we can keep what we have today that would be a significant victory for homeschool freedom.

We also understand that the current situation has caused much stress for California homeschool families. We are praying, and we encourage you to pray, that the threat we face will be swiftly removed and that homeschool freedom in California will be preserved.

We have seen God’s hand of protection on the homeschooling movement for the 25 years we have been working together for this cause. There is no reason to begin to doubt God now.

Michael Farris
Chairman, Home School Legal Defense Association

Other Resources

In order to show how many families across America support homeschool freedom in California we are asking you to sign a petition requesting that the California Supreme Court depublish the opinion In re Rachel L. If you have not already done so, please sign the petition today and forward our website, www.hslda.org, to those who support homeschool freedom.

Join the battle to protect parental rights.

Read the Court of Appeal opinion. (requires Adobe Acrobat Reader)

Find more information on the legal grounds for homeschooling in California. (requires Adobe Acrobat Reader)

Read the Legislative Newsflash from Roy Hanson at Family Protection Ministries.

Wednesday, March 5, 2008

I Owe You (a message from Mike Huckabee)

Continuing . . .

I have decided to continue my blog even though Governor Huckabee has left the race. I will post activities concerning the electoral college so that homeschoolers can continue learning about the process of electing our president. It is with great sadness that I write these words as I firmly believe that Gov Huckabee was the best man, not only to protect the rights of parents to homeschool but to lift our country up in these times when we have so many new problems facing us. I will add to my blog issues that are of great concern to homeschoolers, such as the situation with the homeschool family in California. As of this writing, the current court order in CA found homeschooling to be banned in the entire state (unless you hold a teaching certificate in the area in which you are teaching your children). This case holds great importance to all other states as well and we will be tracking it closely. None of the presidential candidates left in the race openly support the right to homeschool so I believe the next 4 years will be a difficult time for those who choose to homeschool. We must band together to retain our rights as parents to make decisions for our children without interference so I want to continue to blog to keep up with those issues as well. Thanks for reading . . .

Thank You from Mike Huckabee

Dear Faithful Friends,

Last night was a tough one for all of us. While Janet and I stood on the stage, we felt as if we were surrounded by a much larger family than our immediate family. We have been surrounded throughout the process by a large and growing family of faithful friends whose efforts in the campaign have humbled and amazed us day after day. I regularly wept or choked back tears just reading comments on the blog when I realized the sacrifices that so many have made for the campaign.

We had held out hope that we would win enough delegates to keep the contest going, but had vowed that if Senator McCain actually got the 1191 delegates, we would accept the will of the voters. In the end, the relentless hammering of the media that we "couldn't win" influenced enough voters and while we campaigned long and hard in the final states, it simply wasn't enough. I congratulate Senator McCain and will do what I can to assist him and influence him to take strong stands for issues that we conservatives cherish.

I don't see the long journey having reached its destination, but merely taking a detour. As my Marine friend Clebe McLary says, "I didn't lose--it's just that the game ended before I got finished playing."

In the immediate days ahead, we will be transitioning from campaign mode. For 14 months, there have been a lot of things put on hold in our lives. We have to join the many incredible people on our staff to figure out "what's next?" But this much I can tell you---we want to stay in touch and start now building a platform to continue addressing issues that brought us together in the first place.

Throughout my life, I've found that there are sometimes three possible answers to our prayers--"Yes," "No," or "Not Now." I would like to think our prayers were answered with a "Not Now."

We will keep our website up and as we transition, will want to create a way to keep in touch and continue the battle for our families, our freedom, and our future. We will also focus on assisting conservative Senate and House candidates, in places where we know our investment of time and energy can make a real difference. You can expect us to be active online as we do this and to regularly solicit your opinions and support. Too many big issues are at stake for us to sit on the sidelines.

In the immediate time, we have to make sure that we pay all the bills of the campaign and end in the black, help our staff find ways to earn a living, and make sure that we don't lose the momentum of the past 14 months, but instead follow the plan:

REFLECT, REST, RENEW, and RE-BOOT!

I really welcome your input and thoughts during these coming days. Pray for us as we seek wisdom as to what steps we take now. Despite what some have thought, we really didn't have a "Plan B' in the wings--we always thought we'd be in this until the inauguration in January of 2009!

God has been so good to us! We can never fully express our gratitude for all you have done and how you have touched and blessed our lives. I truly hope I didn't let you down. I promise to you that I gave it all I had to the last minute and left it "all on the field." What is more amazing is how you were willing to be "poured out" to the point of empty in order to be with us all the way. I stand amazed by it all and overwhelmed with gratitude.

We will dust off, pick ourselves up off the canvas, and answer the bell for the next round, whatever that may be. We love you all, and trust that the journey has just begun!

With tired bodies and grateful hearts,

Mike and Janet Huckabee