alt.education

Jeff Strickland wrote:

>
> "Josh Rosenbluth" wrote in message
> news:s6adndi5OqZKvXjanZ2dnUVZ_gednZ2d@comcast.com...
>
>> 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.
>>
>
> One last time. Nobody argued that the family at the center of this case
> did not meet the standards specified in the rules.

You are factually in error. Read the decision.

> The family said it had a right to homeschool, and the court said no.

Because the legislature passed rules for home schooling that the parents
were not meeting. From the decision:

"However, the parents have not demonstrated that mother has a teaching
credential such that the children can be said to be receiving an
education from a credentialed tutor."

> But
> the reason the home school was shut down had nothing to do with
> education.

Wrong. Read the decision!

Josh Rosenbluth