California Homeschool Organizations Unite
We just received this update on the California situation, released March 26 by Roy Hanson’s Private and Home Educators of California. Roy Hanson serves as the legislative consultant for CHEA. Please continue to pray for our brothers and sisters in California.
NEWSFLASH March 26, 2008
From: Roy Hanson’s Private and Home Educators of California
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For many years we have worked together with all of the statewide
private homeschool organizations in California on homeschool issues.
In the aftermath of the February 28th Appellate Court’s decision in
southern California, we have stayed in close communications with these
organizations. Our goal has been to share critical information with
each other and find common ground on the best strategy to protect our
right to continue home schooling under the private school option.
Private and Home Educators of California is a program division of
Family Protection Ministries. We continue with our full-time presence
at the state Legislature in Sacramento, monitoring and advocating for
private home school freedoms.
The leaders of the five statewide private homeschool organizations are
issuing the following statement.
JOINT STATEMENT REGARDING HOMESCHOOLING IN CALIFORNIA
The following organizations, California Homeschool Network, Christian
Home Educators Association of California, Private and Home Educators
of California and HomeSchool Association of California, represent the
major California-based organizations working on a statewide basis to
support private homeschooling. They, together with the Home School
Legal Defense Association, which also works in California to support
private homeschooling and which has members in California, jointly
issue the following statement:
1. We are united in the goal of protecting the right of parents to
teach their children privately at home without additional governmental
interference.
2. We believe that children deserve to learn in the environment that
best meets their individual needs. We support the right of parents to
direct their children’s education including, if they desire, teaching
their children privately at home apart from any public school program
and without a teaching credential.
3. We believe that the opinion rendered by the Second District Court
of Appeals in the case titled “In re Rachel L.” on February 28, 2008
is excessively broad in its scope and incorrectly states the law as
applied to home education in California.
4. We believe that the interpretation of California law, as understood
by our organizations and by the California Department of Education
prior to the issuance of this decision, is correct, that the interests
of both the State of California in ensuring that children are educated
adequately and of parents in directing their children’s education are
well met by this prior interpretation of law, and that no change in
California law regarding the teaching of children privately at home is
needed.
For further information, please contact these organizations as follows:
California Homeschool Network
P.O. Box 55485
Hayward, CA 94545
1-800-327-5339
http://californiahomeschool.net
Loren Mavromati, President
loren.mavromati@californiahomeschool.net
Christian Home Educators Association of California
P.O. Box 2009
Norwalk, CA 90651-2009
1-562-864-2432
http://www.cheaofca.org
Mary Schofield, Esq., Vice President
maryschofield@cheaofca.org
Private and Home Educators of California
P.O. Box 730
Lincoln, CA 95648-0730
1-916-786-3523
http://www.pheofca.org
Roy Hanson, Director
Jim Davis, Legislative Liaison
contact@pheofca.org
HomeSchool Association of California
P.O. Box 77873
Corona, CA 92877
1-888-472-4440
http://www.hsc.org
Debbie Schwarzer, Esq., Legislative Chair
hsc-legislative@hsc.org
Home School Legal Defense Association
P.O. Box 3000
Purcellville, VA 20134-9000
1-540-338-5600
http://www.hslda.org
J. Michael Smith, Esq.
media@hslda.org
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Permission is given to reprint this document or distribute it by email
in its entirety without alteration. You are encouraged to link to
this document on our website HYPERLINK
“http://www.pheofca.org/“www.pheofca.org.
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If you are in any kind of a leadership position supporting private
homeschooling and received this email as a forward from someone else
(rather than directly) and would like to find out how you can receive
it directly, please visit our website HYPERLINK “http://www.pheofca.org” www.pheofca.org and click on “Leaders.”
annemiller @ March 27, 2008 | Uncategorized | Comments Off
How to Treat Your Adult Children
As a mother of eight (26, 25, 23, 21, 18, 16, 14, 11), I’ve learned–sometimes the hard way–that as my children get older, our relationship must change. I recently came across this helpful list of pointers in Laurie Bluedorn’s “Homeschooling with the Trivium” newsletter, and thought the list could be a blessing to many. With her permission, I’m reprinting it here for you.
At the end, Laurie asks what else needs to be mentioned; I would add it is important to always insist on respect. We can disagree, we can debate, we can endlessly discuss, but it all must be done respectfully. It is also imperative to keep a sense of humor when interacting with our young adult/adult children. We must not take ourselves too seriously. A little humor, and the ability to laugh at both our own and our children’s foibles, goes a long way to reducing tensions and building great relationships. – Anne
How to treat your adult children:
1. The majority of the time that you are talking with your adult child, you should be doing the listening, not the talking. Real and attentive listening. Respectful listening–not appearing to be listening or thinking about what you need to be doing next or what you want to say next, but real listening.
2. Talk to your adult children in the same way which you would talk to any of your peers. Your body language, tone of voice, facial expressions, language, and level of respect should be the same as what you use with your peers.
3. There must be trust. The members of a family must trust each other. Without mutual trust there can be no family peace, order, fellowship, respect, or communion.
4. Address the concerns of your adult children in a timely manner. Don’t continue to put off resolving issues or acting on matters, but have enough respect for your adult children to move forward, making decisions promptly on issues which are important to them. Don’t be eternally saying, “Well, I’m praying about it.”
5. Avoid exaggeration–it undermines trust and respect. Exaggeration is a learned behavior and your children will most certainly adopt the behavior if they see it in you.
6. If children are exposed to a steady stream of negativity and criticism, leveled against them or against others, it will undermine their trust and confidence in you, and it will interfere with their ability to respect you. When the parent is negative and critical, his intended result is that the child will become more discerning and careful. But in actuality, the effect of steady negativity and criticism is usually the opposite–it serves to pull down and inhibit growth, and causes the child to not take the parent seriously.
7. It is most likely that at some time in his life and in some area of his life, your adult child will disagree with your views on different issues, be it politics, nutrition, music, dress, or (gasp!!) theology. Have enough respect for your adult child to discuss these differences in the same way that you discuss differences with your peers.
What else needs to be mentioned? Laurie
annemiller @ March 16, 2008 | Uncategorized | Comments (0)
Summary of California Situation
This news flash, released March 7 by Roy Hanson’s Private and Home Educators of California, does an excellent job summarizing the situation in California and explaining how homeschoolers can help. Roy Hanson serves as the legislative consultant for CHEA.
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As you probably know, on Thursday, February 28th, The Second Appellate District in Los Angeles County ruled that a homeschooling family from Southern California (not a member of HSLDA) did not have a right to “homeschool” under the California Constitution unless the parent is a credentialed tutor.
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Current Situation
Nothing has changed in California regarding your homeschool. HSLDA maintains that the advice they have given home school families for some twenty-five years is still accurate and that filing a private school affidavit, or enrolling in a private school independent study program (I.S.P) are valid options under the law in California.
In summary, homeschoolers should not panic but continue to home school as in the past. The leaders of the statewide homeschool groups and HSLDA are coordinating with each other on this issue on a regular basis. Pray for a positive outcome. The attorneys at HSLDA are working very hard during this time to prepare for additional legal action to reverse this decision. Seeking legislation at this time is unnecessary and likely dangerous.
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Governor’s office press release Friday, March 7, 2008
Gov. Schwarzenegger Issues Statement Regarding Court of Appeals Home Schooling Ruling
Governor Arnold Schwarzenegger today issued the following statement regarding the recent Second District Court of Appeals ruling on home schooling:
“Every California child deserves a quality education and parents should have the right to decide what’s best for their children. Parents should not be penalized for acting in the best interests of their children’s education. This outrageous ruling must be overturned by the courts and if the courts don’t protect parents’ rights then, as elected officials, we will.”
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Background
This ruling resulted from a Juvenile Court case on allegations of abuse or neglect, which originally had nothing to do with homeschooling. When the Juvenile Court judge would not prohibit the parents from home schooling their children, the court-appointed attorneys for the children went to the California Court of Appeals. The Appellate Court went further than they needed to, and essentially ruled that State law does not provide any options that allow parents to teach their own children at home.
Future court action on this Appellate Court ruling cannot occur until after March 29th. This ruling is a very serious matter but not a cause for panic. There are legal options still open to pursue in the Courts. HSLDA is working to overturn this decision in the courts. In other words, this Appellate Court ruling is not the final say.
It is important to realize that no laws have changed that affect private schools whether in one’s home or on a campus. California is still one of twelve states where homeschoolers can operate legally under the private school provision. See our Legal Fact Sheet . The Court does not have the power to change the law but only to interpret it, and this court has made critical errors in their interpretation of private school laws as they apply to private home education.
No court has the authority to universally order every homeschooler into a public or private campus school. Under due process the court can only issue orders directed to the parties before the court. Any attempts of enforcement would have to be one family at a time. As in the past, a family could be charged with truancy and then go to a SARB hearing even before any court hearing. This should not be a dread for anyone who is a member of HSLDA. If you are not a member of HSLDA you should join now!
If a public official comes to your door and tells you that home schooling is illegal and that you must put your kids in a public school or a private campus school, do not let them in your house, call HSLDA if you are a member, and let the HSLDA attorney talk to the person at the door. HSLDA attorneys are available to their members 24 hours a day seven days a week.
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What can homeschoolers do right now to help?
(1) This court’s ruling could provoke well-meaning individuals to seek a legislative remedy. Legislation at this time would be detrimental to our current freedom to home school privately in California. If you become aware through first hand knowledge of any such attempt to have a legislator introduce legislation addressing or dealing with home schooling, please contact us at contact@pheofca.org immediately!
(2) Please encourage your home schooling friends to join HSLDA now (www.hslda.org) for two reasons! (a) Membership in and contributions to HSLDA will help provide the financial resources needed to carry on this complex and lengthy court process for judicial relief from this current ruling. This will benefit all homeschoolers. (b) HSLDA membership will protect your family should you be contacted as a result of this Appellate Court ruling. This will also give you the piece of mind that, whenever you might need it, you have immediate support from the only experienced highly successful team of attorneys specialized in defending private home schoolers in California and our Nation.
(3) In all situations, it is the Lord Jesus Christ Who is our refuge, provider, and protector (Psalm 50:10-15). He is sovereign over all. Our Lord reigns! We are asking that you pray daily and also consider some kind of periodic fasting during this protracted battle that is shaping up. Pray for:
* those in authority, especially the judges involved in this case,
* the Long family involved in this case, every fellow private homeschooling family
* HSLDA as they prepare to not only handle this situation but as they respond to all future legal contacts,
* for us here at Family Protection Ministries that God would sustain us and that we will be able to intercept
every legislative proposal that could further erode our freedoms,
* CHEA and every other home school organization in California, and
* all other individuals and groups supporting this effort to defend home education.
(4) Continue on with a peaceful heart in your homeschooling and family life.
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Permission is given to reprint this document or distribute it by email in its entirety without alteration. You are encouraged to link to this document on our website www.pheofca.org
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Roy Hanson’s HELP Tree
Private and Home Educators of California
P.O. Box 730
Lincoln, CA 95648-0730
Fax: (916) 415-9470
contact@pheofca.org
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The purpose of this communication is to present information and express our position on the issues addressed. We encourage you to research this for yourself and come to your own conclusions. Regardless of your position, we strongly urge you to exercise your constitutional right to express your position to your elected representatives. We have included an example of how we have expressed our position.
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DISCLAIMER: We are not responsible for the accuracy of copies printed, forwarded, or sent by any party other than directly from Private and Home Educators of California.
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Yvonne Bunn @ March 13, 2008 | Uncategorized | Comments (0)
Superintendent Supports Right to Homeschool
From the Homeschool Association of California website:
SCHOOLS CHIEF JACK O’CONNELL ISSUES STATEMENT REGARDING HOME SCHOOLING IN CALIFORNIA
3/11/08
SACRAMENTO – State Superintendent of Public Instruction Jack O’Connell announced today that the California Department of Education has completed a legal review of the February 28 California Court of Appeal ruling regarding home schooling. O’Connell issued the following statement:
“I have reviewed this case, and I want to assure parents that chose to home school that California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to home school in our state.
“Every child in our state has a legal right to get an education, and I want every child to get an education that will prepare them for success in college and the world of work in the challenging global economy.
“As the head of California’s public school system, I hope that every parent would want to send their children to public school. However, traditional public schools may not be the best fit for every student. Within the public school system there are a range of options available. Students can take independent study classes, attend a charter school, or participate in non-classroom-based programs. But some parents choose to send their children to private schools or to home school, and I respect that right.
“I admire the dedication of parents who commit to oversee their children’s education through home schooling. But, no matter what educational program a student participates in, it is critical that the program prepares them for future success in the global economy. I urge any parent who is considering or involved in home schooling their children to take advantage of resources and support available through their county or district offices of education.”
Yvonne Bunn @ March 13, 2008 | Uncategorized | Comments (0)
California Assembly Resolution ACR 115
By Debbie Schwarzer, HSC Legal Team Co-Chair
To avoid another firestorm like we had with the HSLDA petition, I wanted to get this information in front of you, and HSC’s position on it, right away. I have discussed this with Leslie Buchanan, HSC’s President, and she agrees with this message. She and I would like you to forward this to any groups that might be helpful.
Assemblymember Joel Anderson, a conservative Republican whose children are taught at home, has introduced a concurrent resolution in the California Assembly. If it passes, it will go to the state Senate for their vote.
I’m not copying and pasting the entire resolution because I am not certain that what I was sent was the final version that he submitted to Legislative Counsel. His office tells me that you should be able to find it tonight by going to www.leginfo.ca.gov and doing one of two things. You can click on the blue button called “Bill Information” and then, on the next screen, select “Bill Number” and type in ACR 115. Alternatively, at that same page, you can click on “Author” and enter his name, Anderson.
The resolution basically states as follows: that homeschooled children perform well at college and in life, that there is a rich history of homeschooling, that an estimated 200,000 children in California and 2,000,000 children in the U.S. are taught at home, that the U.S. Constitution recognizes the fundamental right of parents to have their children educated outside of state schools, that the appellate decision is misguided, and that the Supreme Court should reverse the
decision.
The call for the Supreme Court to reverse is in the second to last paragraph of the version I have seen. Obviously, this goes against what I have been asking people to do the last week (leave the Supreme Court alone lest we make them mad). However, I believe this resolution is intended to serve much the same function as the HSLDA petition, which is to give a group (here the legislature) the opportunity to do something concrete before the Court completes its review. I believe many in the legislature understand that it is premature to try to introduce legislation until that review is complete and we know what the Court believes the law in California should be based on the statutes we currently have in place.
Given the purpose of the resolution, and that the Court will ignore anything the legislature says, I think the resolution serves one other very important purpose. It will help identify who in the Assembly and who in the Senate is our friend, and who isn’t. We all know that there are members of both houses who are beholden to the CTA and to unions, and we can expect them to vote against the resolution. But if there are members who support the resolution, especially Democrats, it is in our interest to know who they are, as we will need to work with them should legislation be unavoidable.
This is one case where I do encourage members of HSC and all other homeschoolers in the state to contact their representatives (currently, just the Assemblymembers, as it is not pending before the Senate and will just confuse your Senator’s office if you call now) and encourage them to vote in favor of ACR 115. You can find your Assemblymember and his or her contact information by going to www.leginfo.ca.gov, clicking on the blue box entitled “Your Legislature,” and entering your zip code.
Calls are fine, but letters faxed to the office are even better, as they then retain tangible evidence of their constituents’ positions. E-mails are often ignored, so please call or fax if possible. It is best to give your name, the city and/or Assembly District you live in and the name of the resolution (ACR 115), to state that you educate your children at home (or support those who do) and wish the right of California families to continue to have that option with minimal government intervention, and to state your desire that Assembly member ______ vote in favor of ACR 115 by Joel Anderson.
If you have any interesting discussions with staff about this resolution, either a strong indication of probable support or opposition, or any other feedback the legal and legislative folks
should know about, please tell me about it at drschwarzer@comcast.net.
LINKS TO CALIFORNIA ORGANIZATIONS
Christian Home Educators of California
Private and Home Educators of California (Roy Hansen)
HomeSchool Association of California
California Homeschool Network
annemiller @ March 11, 2008 | Uncategorized | Comments (1)
And the saga continues…
From the California Homeschool Network website:
Update – March 10, 2008
California Assemblyman Joel Anderson is introducing a concurrent resolution in the Assembly. He is calling on the California Supreme Court to reverse the recent court decision that could make homeschooling illegal.
This will happen fast, since it’s a resolution and not a bill. All California homeschoolers are encouraged to contact their legislators and ask them to support homeschoolers by voting yes on Joel Anderson’s ACR supporting homeschooling. We expect there will be a powerful statement made as California homeschoolers respond.
As information develops, it will be placed here, on CHN’s legal updates page. The resolution has not yet been published.
The resolution reads as follows:
Assembly Concurrent Resolution
WHEREAS, Some thirty years of experience with the modern
homeschooling movement in California demonstrates that home school
graduates take up responsible positions as parents, as students in
and graduates of Colleges and Universities, in the workplace, and as
citizens in society at large; and
WHEREAS, Homeschooling by California families with diverse
backgrounds has historically given children a quality education
through proven, independent approaches that nurture valuable family
bonds and support successful student development; and
WHEREAS, private homeschooling has a long and rich history in the
State of California, currently estimated as involving 200,000
students in the State of California, and 2,000,000 students nationwide; and
WHEREAS the United States Supreme Court has ruled that parents have a
fundamental constitutional right to direct the education and
upbringing of their children (Wisconsin v. Yoder, Pierce v. Society
of Sisters, Meyer v. Nebraska); and
WHEREAS, On February 28, 2008, the Court of Appeals for the Second
Appellate District in Los Angeles issued an opinion in the case of In
Re: Rachel L. holding that homeschooling without a teaching
credential is not legal; and
WHEREAS, This misguided interpretation denies California parents’
primary responsibility and right to determine the best place and
manner of their own children’s education; and
WHEREAS, The fair opportunity of California families to educate their
children should not be undermined; now, therefore, be it
RESOLVED, by the Assembly of the State of California, the Senate
thereof concurring, that the Legislature hereby calls upon the
California Supreme Court to reverse the opinion.
RESOLVED, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.
annemiller @ March 11, 2008 | Uncategorized | Comments (1)
Ahhh…the Internet and Its “Easy” Information
While we teach our children the importance of referring to source documents and firsthand accounts, we need to be sure we follow our own advice, especially in this day of easy—and rampant—online communication! Going back to the source—whether it be the Constitution, the Communist Manifesto, or the facts in a homeschool legal case—is essential to informed thinking. We need more than what someone says someone says someone said.
This is especially true when aspersions are cast on an individual’s or organization’s motives.
For me, hearing Mary Nix’s interview of Debbie Schwarzer, the Home School Association of California (HSC) Legal Team co-chair, was enlightening and refreshing. Mary is an editor and writer with Home Education Magazine (HEM).
http://www.homeedmag.com/blogs/closer_look/?cat=41
annemiller @ March 10, 2008 | Uncategorized | Comments (0)
More Information on California Ruling…
We will continue to share information and opinion on the California ruling.
From Karen Taylor, vice president of CHN (California Homeschool Network):
The following message was written by Debbie Schwarzer of HSC. She
and I have been in daily contact this week as we discussed legal
options, and we both agree that this is an important time for all
groups, and especially California’s two inclusive groups, to work
together. There will be no wasted energy spent, because we’re in
agreement that we’re stronger if we work together. Debbie couldn’t
have illustrated this cooperation any better when two firms contacted
her. At one point, we were considering being co-clients, but when a
second excellent firm stepped forward, it was Debbie’s suggestion
that one represent HSC and one represent CHN, and that we all remain
in communication so that the absolute strongest defense could be
mounted. This decision would be unheard of just about anywhere, but
we’re firmly fixed on winning this for homeschoolers. I met with
Jerry Salcido and Debbie by phone yesterday. In addition to being an
attorney, Jerry is a homeschooling dad with young children, so you
can bet his heart is in this case!
For those of you who are members of HSLDA, FPM, or CHEA, you’ll be
pleased to know that HSC and CHN are remaining in contact with these
organizations as well, and they are in agreement that having several
law firms representing the various groups will strengthen the fight,
so everyone remains willing to work together for the good of all. I
can’t tell you how pleased I am. This case is too big to be won by
any one group, and the cooperation is what homeschoolers
want. Naturally, each group is looking out for the interests of
their members, but it’s possible to do that and also work in
conjunction with others, and that’s what we’re doing
Karen Taylor
California Homeschool Network Legal Team
Daily legal updates: http://californiahomeschool.net/howTo/updates.htm
From Debbie Schwarzer, co-chair HSC legal team to HSC (HomeSchool Association of California):
I am thrilled to announce that we have been offered help by two of
the best law firms in the state (and country). The firms will be
helping us on a pro bono basis. That means they will donate (very
expensive) attorney time to help us figure out the best strategies
for dealing with the court issues, and they will help us prepare and
file the letters and briefs that we need.
Wilson, Sonsini, Goodrich & Rosati, which is headquartered in Palo
Alto, will be representing HSC. They had helped HSC back in some of
the dark days of Delaine Eastin’s time, and their thorough research
helped us feel more comfortable that the advice we were giving the
world about private homeschooling was correct. In the spirit of full
disclosure, you should know that I worked there for many years, but
they made the decision to go forward because they think the case
presents interesting legal issues and they’d like to be on our side.
They will be working very closely with another firm, Baker &
McKenzie, which has 150 offices around the world and, conveniently,
one across the street from WSGR in Palo Alto. Jerry Salcido, who has
been a member of the HSC legal team for several years, is an attorney
at that office, and his firm has graciously agreed to donate their
services as well. Because we couldn’t have two firms working for
HSC, Baker and CHN have agreed that CHN will be their named client.
We believe that HSC and CHN’s interests in this case are very
similar. We have similar membership profiles, we want the same
results, we both think that help from professionals in dealing with
the Supreme Court will be invaluable. The firms will consult with
each other to make sure they are not duplicating efforts, but that
they also aren’t leaving any important arguments out. They will also
try to coordinate their efforts with the other groups with which HSC
and CHN have been working, HSLDA, CHEA, and Family Protection Ministries.
I am very excited by this development. I know we’re all a smart
bunch of people, and maybe we could put these papers together
ourselves, but experience here can make the difference. These firms
have the experience. I hope you’ll continue to support what we are doing.
Debbie Schwarzer
Co-chair HSC legal team
annemiller @ March 9, 2008 | Uncategorized | Comments (0)
Criminalizing Home Schoolers
Here’s an article from Time Magazine on the California situation.
Criminalizing Home Schoolers
“Parents of the approximately 200,000 home-schooled children in California are reeling from the possibility that they may have to shutter their classrooms—and go back to school themselves—if they want to continue teaching their own kids.”
annemiller @ March 8, 2008 | Uncategorized | Comments (0)
Outrageous California Ruling
It is hard to believe on the 25th anniversary of HEAV, HSLDA, and many other homeschool organizations that fought for homeschool freedoms back in the early ’80s, a ruling would come from a California Court of Appeals declaring homeschooling illegal unless a parent is a certified teacher.
On a radio broadcast earlier today, Dr. Dobson characterized this decision as “outrageous,” “egregious,” and one that “strikes at the heart and soul of parental rights.”
And while California seems a world a way, this is the kind of ruling that can have far-reaching affects.
Here’s How to Help Homeschool Families in California
1. Pray! It is no coincidence the legal battles won 25 years ago had a strong undergirding of prayer.
2. Sign the petition to depublish the opinion, which means the decision would only affect the family involved in the court case–not the other families homeschooling in California.
Here’s the Petition: https://www2.hslda.org/Registrations/DepublishingCaliforniaCourtDecision/
More Info
To view the ruling by the Second District Court of Appeal
http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF
Christian Home Educators of California (CHEA)
http://www.cheaofca.org/courtcase.jsp
HomeSchool Association of California / Appellate Court Case: Please Remain Calm
http://www.hsc.org/appellatedecision
Focus on the Family
http://www.citizenlink.org/CLNews/A000006731.cfm
Home School Legal Defense Association
http://www.hslda.org/hs/state/ca/200803030.asp
Mercury News
http://www.mercurynews.com/ci_8486520?nclick_check=1
San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL
annemiller @ March 8, 2008 | Uncategorized | Comments (0)