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LizzyBee

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Posts posted by LizzyBee

  1. Actually, my understanding of this case (which could be wrong) is that the family in question was registered with an umbrella school that *wasn't* registered as a private school with the state. Neither the family nor the umbrella school had filed paperwork with the State of CA.

     

    At first, it seemed that people thought the umbrella school was not registered, but I read somewhere that it was. I think I also read an excerpt from the ruling where the judge talked about the children not physically going to the school for their education and how that was circumventing the legal requirements.

  2. I don't see how that would make homeschooling "illegal" just because it isn't covered. Does CA have a statement in their laws that actually SAY "homeschooling children is prohibited"? Does the absence of addressing homeschooling make it illegal?

     

    When something is not addressed by statute, that activity is not considered illegal. However, it is open to interpretation by the courts, because the US is a common law country in which judges are authorized to make law where none exists. If there is no statute that addresses homeschooling, but there is a court case, the court's ruling is the law within the court's jurisdiction. Outside the court's jurisdiction, the case is available for reference, but it is not a binding precedent.

     

    Now that there is a published ruling against homeschooling in CA, that ruling can be used within that court's jurisdiction to force other homeschoolers into public schools. Will it be used this way? Probably in some instances, but most likely not in a mass movement, especially since the governor has spoken out against the ruling. Unfortunately, the ruling came from an appeals court; appeals courts have broader jurisdiction than lower courts, since several lower courts will be included within the jurisdiction of each appeals court. I don't know the particulars of the CA system, so I don't know whether the ruling is binding in the entire state or only a portion of the state.

  3. I'm wondering if there really would have been any major problem at all, if all this hoopla had not started.

     

    Only speculating here, but I don't think CA would have used the ruling to try to force a mass movement of homeschoolers into the public schools. But I do think there probably will be isolated incidents of school officials and courts using the ruling to force a family here and a family there to stop homeschooling. I think if I were in CA, I would feel like it's a hammer waiting to fall, and I have no idea when someone going to try to drop it on me and my family.

     

    Will the backlash be counterproductive? I hope not! In NC, the legislature tried to sneak through a bill that basically would have put homeschoolers under the supervision of the public school system rather than the Dept of Nonpublic Education. Homeschoolers started calling and emailing their representatives, and within 48 hours they backed down and changed the proposed bill. I wish it could be that easy in CA, but unfortunately I think the political environment is much different there. :(

  4. I'm not sure that it is true that judges don't make the laws! They are not supposed to, but activist judges don't always follow the laws when they rule. Since others follow based on precedent, isn't that making the law?

     

    The United States is a common law country; therefore, judges have the authority and responsibility to make law on issues where statutory or common law does not yet exist. Common law is made by the courts. Written decisions become precedent and are binding on lower courts within the same jurisdiction; decisions can be considered in other jurisdictions, but are not binding.

  5. But tell me, is groundhog any good?;)

     

    I've never eaten it, but I heard a story about someone who did. He told his hosts that was the best chicken he'd ever eaten! They told him that wasn't chicken, that was groundhog, and he promptly threw it all up.

     

    Edited to add: That was a true story. The person who unknowingly ate the groundhog was a friend of my 5th grade Sunday School teacher.

  6. Judges don't make law but they interpret law and that law become binding for lower courts and a precedent for other court cases.

     

    Not to be difficult, but judges make law as well as interpret it. Here's a quote from wikipedia: "When there is no authoritative statement of the law, common law judges have the authority and duty to make law by creating precedent."

     

    This is my last post for the day. Have a great night.

  7. It is only in regard to this family and it always only ever was.

     

    Court cases are never about only the people involved in the case. The US is a common law country, and common law is the law created by courts. Court rulings form precedent and are binding on lower courts in the same jurisdiction. On any issue not addressed by specific statutes, common law is the law of the land.

  8. Does anyone know who Gabriel Malor (the ace of spades blogger) is?

     

    He says that a federal court has never recognized a right to homeschool children. I guess he's not aware of Morse vs. Frederick, a US Supreme Court case in which Justice Clarence Thomas said, “If parents do not like the rules imposed by those schools, they can seek redress in school boards or legislatures; they can send their children to private schools or home school them; or they can simply move.†Granted, the case was not a homeschooling case, but it is significant that homeschooling was mentioned in the ruling.

     

    I found it interesting, too, that he refers worried parents to the CA Dept of Education Private Schools FAQ page and says to pay attention to 12-14. The answer to #13 is: "California statutes do not explicitly authorize home schooling. Whether a home schooled child is attending a private school, and therefore is exempt from public school attendance, is a decision made by local school districts and law enforcement authorities." I don't think I'd find that comforting if I were in California.

  9. Could someone explain the difference in the style and structure of writing? And, do you feel that instruction in each is equally important, or that one is more important than the other?

     

    I think I have a grasp on what is meant by structure, but not exactly sure what people mean when they talk about style in writing.

     

    Structure has more to do with organization. Style is what makes writing elegant and personal.

  10. Actually, I liked the article because there is more to it than just xx number of scientists disagree with the others. I like the way he raised important points and questions that should be considered in the debate. Of course, it's not an in-depth analysis, but it raises some interesting counterpoints to the current popular arguments that make me want to read more.

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