alt.education

Josh Rosenbluth said the following on 3/22/2008 7:08 AM:
> 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.

Neocon Dictionary (rev.2000):

activist judge (ak-tiv-ist-juj) n. a member of the Judicial Branch of
the government that interprets laws I do not agree with in a way I do
not like. (See "Legislate from the Bench")

legislate from the bench (lej-iss-layt-frum-thuh-bench) v. passing legal
ruling on laws I do not agree with.



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* DanielSan -- alt.atheism #2226 *
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