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California Homeschool Victory

Link to all the articles about the ruling.

Homeschool Victory
Review & Outlook
The Wall Street Journal
Posted August 16, 2008

Excerpt: But in a rare victory for parental choice, the public school monopoly won't be able to exploit a bad case to declare that homeschooling is unconstitutional.


Bulletin #63 - California Appeals Ruling
Posted August 11, 2008

Note: Highlighting added by Alliance.

ExcerptWhile some have read the decision and are claiming that the Appeals Court “declared that homeschooling is legal” in California, and are touting it as a victory, a careful reading of the Appeals Court decision shows that, in fact, the Court did not “declare homeschooling to be legal in California”.  The Appeals Court, in point of fact, correctly pointed out that it does not have the authority to make such a decision.  The Appeals Court, as it did initially, explained what the existing law actually says about homeschooling and also what it doesn’t say, as well as what the legislature in California has “accepted” despite what the statutory law says...

The bottom line is this:  The requirement existed that credentialed tutors were required, the practice existed that parents homeschooled without having credentials as tutors, the Legislature and state agencies accepted the practice despite the law, the Court recognized this occurred and concluded that because it occurred, the practice was accepted despite the existence of the law. More importantly, the Court held that despite the Constitutional rights of parents to the upbringing and education of their children, the state can override that right. 


While NHELD is gratified that parents in California will be able to continue to homeschool as they did previously, we continue to admonish all parents to become fully informed of what the statutes in their state actually say and to adhere to the provisions of those statutes.  If parents do not agree with the requirements in those statutes, the appropriate way pursuant to the Constitution to change that law is by an appeal to the Legislature of that state, not to the Courts.


A Great Victory for California Homeschoolers
Posted August 8, 2008

In a unanimous decision, the California Court of Appeal for the Second Appellate District today ruled that “California statutes permit home schooling as a species of private school education.”  (Read entire opinion).


Caution: In the closing paragraph of "4. California Has Few Express Limitations on Home Schooling," the court states:


Given the state’s compelling interest in educating all of its children (Cal. Const., art. IX, § 1), and the absence of an express statutory and regulatory framework for home schooling in California, additional clarity in this area of the law would be helpful.


Further vigilance is clearly in order, and homeschoolers in California and other states should take note.


HOMES ACT (Home School Opportunities Make Education Sound)

On June 3, 2008, Senator David Vitter (LA) proposed Legislation to amend the IRS code to provide a tax deduction for parents who homeschool their children.  Here are both sides of the issue:

HSLDA supports bill: Excerpt: As some of HSLDA’s members have expressed concern in regard to our support of the HOMES Act, we would like to clarify the effects of this bill...

NHELD opposes bill: Excerpt: Unfortunately, once again, NHELD must oppose this bill, and urge others to oppose it as well, because it is unconstitutional for Congress to adopt such a bill, and because it has serious unintended consequences...

Free tuition offered at Lakeview Christian Academy

by Tom Faure

Chattanooga Times Free Press

Posted August 8, 2008


Excerpt: Lakeview Christian is offering 100 full-tuition grants on a first-come, first-served, basis, said assistant administrator Tina Barber.... “What better way to serve families seeking a quality, Christian education?” Mr. Hammontree said...


The NEA Spells Out Its Policies

by Phyllis Schlafly

Creators Syndicate

Posted August 1, 2008


For anyone who still doubts that public schools are the battleground for the minds of America's children, this is well worth a read. And as important as any part of the article is the closing sentence: "Will parents be silent about the radical goals of their children's teachers?" We should consider that many parents are being silenced. We can help empower them.

New Systems Keep a Close Eye on Online Students at Home

by Andrea L. Foster

The Chronicle of Higher Education, Information Technology Section

From issue dated July 25, 2008


Excerpt: Tucked away in a 1,200-page bill now in Congress is a small paragraph that could lead distance-education institutions to require spy cameras in their students' homes.


Crime Against the State: Why Progressives Hate Homeschooling

by Thomas E. Woods, Jr.

First Principles Journal

Posted February 14, 2008


Why do progressives hate homeschooling – really? According to Thomas E. Woods, Jr., it’s for this reason: Homeschooling has grown to be the ultimate “parallel society” – one of many in our diverse country – a society that has developed without the aid and without the sanction of the state and has flourished along side a host of other distinct belief systems that make up our larger society.


Progressives do not think parallel societies should be allowed to exist. They believe in one society – created by the state. As if the existence of these parallel societies isn’t bad enough for progressives, homeschooling society serves as the ultimate proof that their ideology is wrong.

Polls show parents want education alternatives
by Alyssa Farah


Posted June 16, 2008


Excerpt: ...among Idaho voters, only 12 percent of parents said they would choose government school for their children if other options were available. The results were similar in other states, including Illinois, Nevada and Tennessee.


Is This Anti-Affirmative Action Picture Book Unfit For Kids?
Book Review


Posted June 9, 2008


Excerpt: A new bilingual kids book is apparently "unfit" for the Los Angeles Unified School District (LAUSD) because it shows kids that affirmative action actually hinders their success.... [Author Tony] Robles wants as many kids as possible to get the message that the American dream is alive and attainable by everyone who works to achieve it, but that pride, self-reliance and inner strength, not special preferences, are the keys to reaching that goal.

Sixth-Graders Asked to Decide Who’s Most Likely to Get Pregnant, Infected

Focus on the Family

Excerpt: A Mississippi school is taking disciplinary action against a teacher who required sixth-graders to vote who among their classmates was most likely to get pregnant, contract HIV, go to jail or die by the age of 19.

What If Public Schools Were Abolished?

by Llewellyn H. Rockwell, Jr.

Ludwig von Mises Institute Daily Article

Posted on April 7, 2008


Excerpt: This runs contrary to intuition, since people think of public schools as free and private schools as expensive. But once you consider the source of funding (tax dollars vs. market tuition or donation), the private alternative is much cheaper. In fact, the public schools cost as much as the most expensive and elite private schools in the country. The difference is that the cost of public schooling is spread out over the entire population, whereas the private school cost is borne only by the families with students who attend them.


Threat to Homeschooling

by John Stossel

Real Clear Politics

Posted April 2, 2008


Excerpt: There you have it; a primary purpose of government schools is to train schoolchildren "in loyalty to the state." Somehow that protects "the public welfare" more than allowing parents to homeschool their children, even though homeschooled kids routinely outperform government-schooled kids academically.



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Archived News - 9
Archived December 12, 2008

Some of the more
well-known signers of our proclamation:

Ed Crane
President, Cato Institute

John Taylor Gatto
1991 New York State Teacher of the Year

Fr. John A Hardon
The Catholic Catechism

Don Hodel
Former Secretary of Interior

D. James Kennedy
Coral Ridge Ministries

Rev. Tim LaHaye
Left Behind

Rabbi Daniel Lapin
President, Toward Tradition

Tom Monaghan
Founder, Domino’s Pizza

Ron Paul
US Congressman, Texas

John K Rosemond
Parenting Author, Columnist, Speaker

They and 29,000  others have signed Our Proclamation

"I favor ending government involvement in education."