alt.education

Info Junkie wrote:
> On Fri, 21 Mar 2008 21:38:58 -0400, Josh Rosenbluth
> wrote:
>
>>>>>>
>>>>>>In this case the legislature passed statutes which required
>>>>>>schooling at a public school, private school, or tutored elsewhere
>>>>>>(including the home) by a state-licensed teacher.
>>>>>>
>>>>>
>>>>>This is not true. A home schooled child (as of today) can be taught
>>>>>by a parent or legal guardian that registers with the state that they
>>>>>are a home school, and they use a cirriculum administered by the
>>>>>proper authority (where the gamit of authority is too broad to
>>>>>specify here, and makes no difference). It is the court that is
>>>>>dictating the credentials that a home school must have.
>>>>
>>>>
>>>>No, you are wrong. From the case
>>>>(http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF):
>>>>
>>>>"... 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, or (3) one
>>>>of the other few statutory exemptions to compulsory public school
>>>>attendance (Ed. Code, § 48220 et seq.) applies to the child."
>>>>
>>>>The legislature made the rules.
>>>>
>>>
>>>California law provides for home schooling. Period. Just because you
>>>have not found the code does not mean home school is not allowed.
>>
>>Citation?
>
>
> "Parents in California may legally educate their children themselves,
> or "homeschool", using a number of different choices...."
> http://www.hsc.org/
>
> "How do I go about homeschooling legally?
> There are several exemptions from California's compulsory education
> law which provide homeschoolers with a variety of alternatives for
> homeschooling. You can:
>
> Establish a private school, which involves taking some simple steps. A
> teaching credential is not necessary. Once the school is established,
> file a private school affidavit form.
> Join a private school ISP, if it has filed its own private school
> affidavit in California. If it has not, then you must take all of the
> steps to establish your own private school and must file the private
> school affidavit.
> Join a public school ISP (Independent Study Program), in which case
> your child is enrolled in public school.
> Join a Charter School Homeschooling Program, in which case your child
> is enrolled in public school.
> Employ a credentialed tutor; or, if you have the appropriate
> credential, you may be the tutor yourself.
> You may decide which option best satisfies the current needs of your
> family. As your needs change, you may choose to use a different
> option." http://www.hsc.org/prolegal.html

Exactly (see the quote I provided above from the decision). The
legislature made the rules, as a finding of fact these kids were being
taught at home *not* within those rules, and as a finding of law the
judge found there is no Constitutional right to home schooling that
preempts the legislature.

Yet, Jeff believes it was the courts, not the legislature that is to blame.

Josh Rosenbluth