
And we know that for those who love God, all things work together for good... ~Romans 8:28

"Are not two sparrows sold for a penny? And not one of them will fall to the ground apart from your Father. But even the hairs of your head are all numbered. Fear not, therefore; you are of more value than many sparrows.."
Matthew 10:29-31
Times are looking financially tight for a lot of people since the economy has taken a down-turn. Many if not all of us have been or will be affected in some way. Since Reid is a small business owner who gets paid infrequently (about twice a year with a few advances) it is all the more vital that we budget wisely. And with serious thoughts of buying a home in the near future it is just imperative that we save money too. For us, this has meant cut backs in different areas; pest control, Netflix, dining out.... just to name a few.
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"Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of "depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family."
Dear HSLDA Members and Friends:
On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children. This case involved a family with a 20-year history of litigation in the juvenile courts over the care of their children. Prior adverse decisions had been rendered by the courts.
This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.
There are two appellate options at this time.
First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel. HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court. The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.
HSLDA will take the lead in an effort to seek to have this case depublished. Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family’s beliefs. The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.
Sincerely,
J. Michael SmithHSLDA President
Kayla came down with a nasty sore throat and low-grade fever yesterday. Despite my efforts using Airborn Junior, Carson has succumbed to the same ailments today. Their was no question in my mind that it spread to him, after he said, "Mom, when I swallow, it feels like a cactus going down my throat."California:
Unfortunate Court Decision in California
Dear HSLDA Members and Friends:
The Second Appellate District in Los Angles County handed down a decision on February 28 involving a non-member homeschool family that has caused much concern among California homeschoolers.
Home School Legal Defense Association is looking at the background of the case to determine the implications of this particular decision by the Second Appellate District for the homeschool community in California. We do want to make one point clear, however. Nothing has changed in California regarding your homeschool. HSLDA maintains that the advice we give homeschool families is accurate and that filing a private school affidavit, or enrollment in a private school independent study program (I.S.P) is a valid option under the law in California.
We will be examining this situation and providing a detailed analysis of this court
decision in the near future.
To read the court opinion visit: http://www.hslda.org/elink.asp?id=4804.Sincerely,
J. Michael Smith
HSLDA President
"The king's heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will. "
Proverbs 21:1
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