Tuesday, April 8, 2008

Homeschool Ruling Vacated; Court Will Reconsider

In doing some promised follow-up, I just went to the Pacific Justice Institute and there was this notice posted.

Special Bulletin: Homeschool Ruling Vacated; Court Will Reconsider


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Pacific Justice Institute has just received word that the court ruling which declared most forms of homeschooling unlawful in California has been vacated. This means the Rachel L. decision, which has sparked a nationwide uproar, will not go into effect as it is currently written. The Second District Court of Appeal has instead decided to re-hear the case, with a new round of briefings due in late April. It would likely take the court several additional months to schedule oral argument and issue another decision.Today’s announcement by the court that it will re-hear the case reinforces PJI’s position that homeschooling families should continue their current programs without fear of governmental interference. PJI will be actively involved in the upcoming briefs and will continue to post updates and special bulletins on this vital issue.Brad Dacus, president of Pacific Justice Institute, commented, “We are pleased that the Court of Appeal has decided to re-hear the Rachel L. case, and we are hopeful that the fundamental rights of these parents, our clients Sunland Christian School, and the tens of thousands of homeschooling families in California will be honored. Homeschooling parents should be treated as heroes - not hunted down or harassed by their own government.”

Online Petition to Governor Schwarzenegger


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A California appellate court, ruling that parents have no constitutional right to homeschool their children, pinned its decision on this ominous quotation from a 47-year-old case, “A primary purpose of the educational system is to train schoolchildren in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare.”

There you have it; a primary purpose of government schools is to train schoolchildren “in loyalty to the state.”

The words echo the ideas of officials from Germany, where homeschooling has been outlawed since 1938 under a law adopted when Adolf Hitler decided he wanted the state, and no one else, to control the minds of the nation’s youth.

Wolfgang Drautz, consul general for the Federal Republic of Germany, has said “school teaches not only knowledge but also social conduct, encourages dialogue among people of different beliefs and cultures, and helps students to become responsible citizens.”

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I posted the vacated appeal here

In re RACHEL L. et al., Persons Coming Under the Juvenile Court Law. JONATHAN L. et al, Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Real Party in Interest.

B192878

COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE

160 Cal. App. 4th 624; 2008 Cal. App. LEXIS 292

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