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CALIFORNIA COURT OF APPEAL HOMESCHOOL RULING Pacific Justice Institute (Sunland Christian's legal team) and To receive EMAIL UPDATES, join the list! UPDATE May 6, 2008 In the midst of wild speculations, spins on who’s doing what, declarations of involvement, statements of actions being taken, it is important to keep the homeschool community informed about what is happening on the legal side of this case. While the initial ruling has been vacated, the process is in motion for the court of Appeals to rehear the case and hand down a new decision. This process happens somewhat quietly behind the scenes without much public drama, making it unknown to the homeschool community about the process. Following is a skeleton schedule of the process to help the public understand what has and will be happening and the time frames involved. Feb 28 – In Re Rachel L ruling handed down. UPCOMING: (some dates are approximate) May 14 – Long children’s court appoint attorneys file their first brief June 2 – The Long family, Sunland Christian School and the children’s court appointed attorneys may file a final response brief to any amicus briefs (final filing ). June – (date to be set by court) - Oral Arguments (limited to the parties in this case). These arguments are not for providing witnesses or additional evidence, but for the attorneys to give their final presentations. October 1 - A new ruling will be decided by the Court of Appeals and could be handed down by or before October 1, 2008. The action to follow will depend on the ruling. As pure speculation, a favorable ruling could confirm homeschooling as a legal option for education without new legislation. An unfavorable one will be appealed to the California State Supreme Court, placing on hold any ruling until the court turns down an appeal or rules on the case after a hearing. Sunland Christian School appreciates all the support, prayers and donations given by thousands of homeschoolers throughout California and the nation (donations are needed to help cover costs related to this defense: phone, mailing, transportation, etc). We ask that you consider giving a donation to Sunland Christian School and/or Pacific Justice Institute, our legal team, for all the hard work they are donating to this cause for all homeschoolers. Please forward this page to your support group, ISP, friends, church, media, etc., to help provide an accurate understanding of the process ahead and to invite prayer for the outcome of this case. UPDATE - 4/28/08 Pacific Justice Institute and Sunland Christian School will file in the Court of Appeal for the granted rehearing of the case. UPDATE / 4-2-08 The Court of Appeal of the State of California has vacated its ruling and has granted a rehearing of In re Rachel L. Oral arguments may be heard as early as June. The Court of Appeal will hand down a new ruling at the end of this process (approximately 3-4 months after the rehearing). It will be determined at that time what the necessary steps will be as a result of the new ruling. The court has invited Amicus Curiae briefs of the following organizations: California State Superintendent of Public Instruction, California Department of Education, Los Angeles Unified School District, Los Angeles County Board of Education, California Federation of Teachers, CTA State Headquarters, United Teachers of Los Angeles and Sunland Christian School. Others (HSLDA, etc) may petition the court to file a brief. The court will determine if they will allow them to file. Sunland Christian School and Pacific Justice Institute will pursue an appeal at the California Supreme Court on the motion to intervene. Click on the following links for more information: HOW CAN I HELP? ------------------------------------------------------------------------------------------------------------ A family in Sunland Christian School (SCS) dealt with allegations from the Department of Children Services (DCS) through the Juvenile Court. The judged closed the case, handing down a favorable decision for the family allowing them to continue homeschooling. The DCS worker closed their case. However, the court appointed lawyers for the children didn't like the ruling and appealed to the California Court of Appeals. During this process, no new evidence or testimony could be heard and the court made a decision based on the information, evidence and process of the lower court. Their decision indicated parents do not have a constitutional right in the State of California to determine their children's education and deemed that no form of homeschooling is legal in the state. We believe this decision is misinformed and needs to be overturned. This ruling affects all homeschoolers and homeschool programs, both public and private, in the State of California. Sunland Christian School has become the representative group for homeschoolers in this ruling, and has a moral and legal obligation to pursue all possible due process in having this ruling overturned. SCS' board, after interviewing various legal defense funds, determined that Pacific Justice Institutewas the best fit for representing SCS and homeschoolers in California. With the Court of Appeals ruling In re Rachel L., there were many different opinions and statements being promoted on the original ruling. LET'S LOOK AT SOME OF THE FACTS: WHAT WERE SOME OF THE PROBLEMS of the origial ruling: WHAT SHOULD HOMESCHOOLERS AND ADMINISTRATORS DO NOW! First of all don't panic. Help those who feel distraught and afraid, to be at peace and have faith for a favorable outcome. While we having this ruling reheard, it won't be used in court against homeschoolers. Continue to homeschool effectively, caring about your family, children, their growth and development and their academic instruction. Administrators of ISPs need to comfort their families, assuring them there is no need to panic, and continue to serve your families well. Many ISPs are continuing to enroll new families and are experiencing an increase in inquiries about their programs. This is a pivotal time to continue in prayer and good works, and be strong and of a good courage! Don't pull back and alter what you are doing, except in areas where improvement is needed. Don't model behavior which fosters confusion and panic in your children. They need you to lead and love them with confidence! Encourage each other with these words. BE A PART OF THE SOLUTION, NOT THE PROBLEM! While it is normal for anyone to feel panic, insecurity, uncertainty, anger and a wide range of various emotions, as a result of the Court of Appeals ruling, do not let your feelings control your words or actions. When we do, it usually is destructive rather than constructive and it effects us individually as well. Don't be a contributor to spreading unfounded statements or gossip. In situations of this type, people try to find someone to blame when situations out of their control effect them. "If only the school had..." "Something must be wrong with the family..." Why aren't certain homeschool leaders more directly involved?" Spreading negative and unsubstantiated facts is gossip, and while it can be a stimulating past time, it doesn't help in the overall picture. Don't jump to conclusions based on limited information. We have all seen the results of angry, emotionally charged persons, reacting to their limited information, giving their opinion in a negative way. Churches, families and communities split over this type of behavior. As the homeschool community, we need to pull together and help one another, regardless of style, philosophy, political preferences, religious beliefs, organization affiliation, etc. Don't talk negatively about other homeschool leaders or groups you don't know or agree with. Pray for them. Uphold them. Speak well of them and do good to them. If we don't have something supportive to say, don't say anything at all. Don't be the creator or spreader of gossip. Cases can be lost by unnecessary infighting within any movement or organization. Be a strong link in the chain, as we all pull together for positive change in California! WORDS OF ENCOURAGEMENT TO HOMESCHOOLERS At a time when the validity of homeschooling is being questioned and our right to choose to homeschool is being challenged, we need to be reassured of the reasons for our choice to homeschool. Without question we all know the significance of our children getting a solid academic based education. With concerns about the environment and content of education available to our children through our public school system, we as parents find many reasons to be concerned about how that system is serving our children. We were given the awesome gift and responsibility of raising children, and this creates a desire and need to make choices that are the best for them. We recognize that we can not shelter our children from elements of concern that they are exposed to everyday, whether in a social or public setting, not to mention television and other media publications. We can guide, guard and limit that exposure and provide supportive tools to assist them in interacting with others and discerning how to deal with situations they will face. Our children are the young men and women of the future. How we, with God's guidance, participate in the influencing, shaping and molding of their lives is crucial. God's call for us to homeschool, as a means of guiding, nurturing and loving our children through these early years of their lives, is a call we have answered! The concerns that lead us to the choice to homeschool are also the foundation from which we must stand together in support of our choice. Life is never free of challenges that cause us to examine our values, morals and priorities we have set. We need to stand in unity for our children, our family and God's Family by seeking to uphold the values of family. Be assured of Sunland's continued support of your family, no matter where you homeschool, as we stand with you in the raising of your precious children. GOVERNOR SCHWARZNEGGER'S STATEMENT "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." CALIFORNIA STATE SUPERINTENDENT OF PUBLIC INSTRUCTION Jack O'Connell, Superintendent of Public Instruction states, "The California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to homeschool in this state." JOEL ANDERSON'S CALIFORNIA RESOLUTION California Assemblyman Joel Anderson (R-El Cajon) has introduced a resolution supporting homeschooling and calling on the Supreme Court to reverse the Second Appellate Court ruling In re Rachel L. SCS is requesting that California residents support homeschooling by contact their legislators & ask them to vote for this resolution. PRESS CONFERENCE AT THE STATE CAPITOL Assemblyman Ted Gaines, Pacific Justice Institute's Chief Counsel, Kevin Snider, and Sunland Christian School's principal, Terry Neven, held a press conference on Thursday, March 13, 2008, to discuss its legal response to the In re Rachel L. anti-homeschooling court ruling which has sparked nationwide shock and outrage. The press conference took place on the west steps of the State Capitol in Sacramento. 1. Pray!!!! Any specific help needed will be requested!! Thank you for your contributions to Pacific Justice Institute and Sunland Christian School! Your contribution will only be used for this defense. DONATE NOW! WHAT'S NEXT? Following are the steps and possible directions the defense by Pacific Justice Institute for SCS and the homeschool can take: |
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