June 2, 2020

Homeschool advocates fight for parental rights


WND Exclusive


Oral arguments heard to decide fate of California educational choice © 2008 WorldNetDaily

Oral arguments were heard today in the 2nd District Court of Appeal in Los Angeles, with the fate of homeschooling in California at stake.

As WND reported earlier, the court’s decision four months ago to compel two homeschooled children to attend a public or qualifying private school effectively stated that parents held neither a statutory right nor a constitutional right to provide homeschooling for their own children.


HSLDA chairman, Michael Farris

After much public and political outcry, the appeal court agreed to revisit its prior ruling.

Michael Farris, chairman and co-founder of the Homeschooling Legal Defense Association, was one of many attorneys from several organizations urging the court to reconsider, and he presented the day’s final argument.

“Anybody that claims they know which way the court will decide would be wrong,” Farris told WND.

“The judges asked very hard, pointed questions,” he said. “There was no indication that they thought their prior ruling was wrong.”

Specifically, Farris said, the judges asked why they should permit homeschooling when California changed the law to withdraw it from the statutes in the early 1900s.

Attorneys advocating homeschooling argued that when California in 1967 added the singular word “person” to the list of those that can operate a legitimate private school, it opened the door for homeschooling. “If a person can provide education, if one person can operate a school,” argued the attorneys, “then why not a parent?”

“Their questions were about the 1910s; our answer was from the 1960s,” Farris told WND.

Furthermore, said Farris, “I argued that the California constitution requires the state to encourage all education. It’s the court’s duty, rather than banning education, to encourage it.”

He also urged the judges to take into account the thousands of people who have implied from the 1967 law that homeschooling is permissible “and not willy-nilly overturn that practice.”

An estimated 166,000 children are being homeschooled in California, and their parents and advocates have expressed concern that the court’s original ruling would leave parents who educate their children at home open to criminal truancy charges and civil charges for child neglect.

Some grounds for that concern may come from the appeal court’s first ruling, where it said the trial court had found that “keeping the children at home deprived them of situations where (1) they could interact with people outside the family, (2) there are people who could provide help if something is amiss in the children’s lives, and (3) they could develop emotionally in a broader world than the parents’ ‘cloistered’ setting.”

Brad Dacus, president of Pacific Justice Institute, a parental rights advocacy organization involved in the case, told WND earlier, “We are looking forward to this opportunity to defend the thousands of families who are making sacrifices to teach their children at home. The state should be applauding, not threatening, these families,” he said.

Though he expressed concern over which way the judges would decide, Farris told WND, “We hope that the court reverses its decision and restores homeschool freedom to California.”

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Parents sent to jail for homeschooling

POLICE STATE, GERMANY
Parents sent to jail for homeschooling
‘Words escape me, it’s unconscionable, incredible, shocking,’ says attorneyBy Bob Unruh
© 2008 WorldNetDaily

A mother and father who have been homeschooling their children each have been ordered by a German judge to serve three-month prison terms after a prosecutor said he was unhappy with fines the family paid and he wanted the parents jailed.

The sentences for Juergen and Rosemarie Dudek were announced in Germany’s equivalent of a district court today in the state of Hesse, according to a staff attorney for the Home School Legal Defense Association. The group, the premier homeschooling advocacy organization in the world, has been monitoring and helping in the Dudeks’ case since before a federal prosecutor announced his intention more than a year ago to see the parents behind bars.

“Words escape me, it’s unconscionable, incredible, shocking,” HSLDA staff attorney Mike Donnelly told WND after he got word of the sentence. “They’ll appeal of course.”

He said the prosecutor’s agenda is clear, with the mindset: “You guys are rebelling against the state. We’re going to punish you.”

Donnelly said work was begun immediately to pursue an appeal through the court system in the German state.

He described the sentences as “breathtaking.”

It was just a year ago when WND reported the prosecutor, Herwig Muller, appealed a lower court’s imposition of fines against the Dudeks.

The prosecutor said at the time he would demand jail sentences of three months each for the parents. Muller also said he would not permit the case to be resolved with probation for the parents.

A newspaper reporter in Hesse, Harald Sagawe, said the parents previously paid fines because “they did not send their children to school, for religious reasons.”

He continued, “The parents, Christians who closely follow the Bible, teach their children themselves. Two years ago the court had also dealt with the Dudeks. That case, dealing with the payment of a fine, had been dropped.”

Judge Peter Hobbel, who imposed the fines, also criticized school officials for refusing to answer the family’s request for approval of their “private school.”

Arno Meissner, the chief of the government’s local education department, said he would enforce the mandatory school attendance law against the family, and he said he resented the judge’s interference.

“His duty is to make a judgment when the prosecutor brings a charge and to stay out of administrative matters,” Meissner said at the time.

The attitude is typical of some officials in Germany, where homeschooling has been stamped on since the Nazi era, critics say.

Practical Homeschool Magazine has noted one of the first acts by Hitler when he moved into power was to create the governmental Ministry of Education and give it control of all schools and school-related issues.

In 1937, the dictator said, “The youth of today is ever the people of tomorrow. For this reason we have set before ourselves the task of inoculating our youth with the spirit of this community of the people at a very early age, at an age when human beings are still unperverted and therefore unspoiled. This Reich stands, and it is building itself up for the future, upon its youth. And this new Reich will give its youth to no one, but will itself take youth and give to youth its own education and its own upbringing.”

Joerg Grosseleumern, a spokesman for the the Netzwork-Bildungsfreiheit, a German homeschool advocacy group, said in Hesse a family’s failure to follow the mandatory public school attendance laws violates not only administration regulations but the criminal code.

“It is embarrassing the German officials put parents into jail whose children are well educated and where the family is in good order,” he wrote in an earlier alert about the situation. “We personally know the Dudeks as such a family.”

Officials in Hesse have said not even the family’s efforts to move out of the region would halt their prosecution.

HSLDA officials estimate there are some 400 homeschool families in Germany, virtually all of them either forced into hiding or facing court actions.

Just weeks ago, WND reported the Dudeks warned about a new German federal law that also gives family courts the authority to take custody of children “as soon as there is a suspicion of child abuse,” which is how the nation’s courts have defined homeschooling.

“The new law is seen as a logical step in carving up family rights after a federal court had decided that homeschooling was an abuse of custody,” said the letter from Juergen Dudek to the HSLDA.

The letter said local “youth welfare” offices’ new authority includes “withdrawal of parental custody as one of the methods for punishing ‘uncooperative’ parents.”

Wolfgang Drautz, consul general for the Federal Republic of Germany, has commented on the issue on a blog, noting the government “has a legitimate interest in countering the rise of parallel societies that are based on religion.”

Drautz said schools teach socialization, and as WND reported, that is important, as evident in the government’s response when a German family in another case wrote objecting to police officers picking their child up at home and delivering him to a public school.

“The minister of education does not share your attitudes toward so-called homeschooling,” said a government letter in response. “… You complain about the forced school escort of primary school children by the responsible local police officers. … In order to avoid this in future, the education authority is in conversation with the affected family in order to look for possibilities to bring the religious convictions of the family into line with the unalterable school attendance requirement.”

In recent years Germany has established a reputation for cracking down on parents who object, for reasons ranging from religious to social, to the nation’s public school indoctrination of their children.

WND has reported several times on custody battles, children being taken into custody and families even fleeing Germany because of the situation.

One of the higher-profile cases on which WND has reported was that of a teen who was taken by police to the psychiatric ward because she was homeschooled.

The courts ruled it was appropriate for a judge to order police officers to take Melissa Busekros, 15 at the time, into custody in January 2007.

Officials later declined to re-arrest her after she turned 16. She was subject to different requirements and simply fled state custody and returned to her family.


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Germany-Parents losing custody for homeschooling children

http://christiannewsbulletin.wordpress.com/2008/05/12/parents-losing-custody-for-homeschooling-kids/

Parents losing custody for homeschooling children

A German couple already being threatened with jail time because they have been homeschooling their children say their nation has taken a turn for the worse, with a new federal law that gives family courts the authority to take custody of children “as soon as there is a suspicion of child abuse,” which is how that nation’s courts have defined homeschooling.“The new law is seen as a logical step in carving up family rights after a federal court had decided that homeschooling was an abuse of custody,” said a letter from Jurgen Dudek to officials with the U.S.-based Home School Legal Defense Association, an international advocacy organization in support of homeschooling.

It was about a year ago when WND reported a prosecutor in the German state of Hesse was seeking three-month prison terms for the Jurgen Dudek and his wife, Rosemarie, the parents of six children, even after they already had paid a series of fines.

Officials with Netzwork-Bildungsfreiheit, a German homeschool advocacy group, said the prosecutor, unsatisfied with the fines, wanted 90-day terms in custody for the parents.

The latest letter from the family described the new law as granting various local social services agencies vast new powers, especially the “Jugendamt” offices, which are responsible for looking into situations if there are allegations of “child abuse.”

“They have in effect been authorized to give expert evidence in court which the family judge has to follow … The withdrawal of parental custody as one of the methods for punishing ‘uncooperative’ parents thus is made even easier,” the letter said.

In recent years Germany has established a reputation for cracking down on parents who object, for reasons ranging from religious to social, to that nation’s public school indoctrination of their children.

WND has reported several times on custody battles, children being taken into custody, and families even fleeing Germany because of the situation.

Now comes the new law that, according to Dudek’s letter, has, “understandably, led to a kind of panic among the homeschool community in a country where ever since Hitler’s times it has been against the law to educate your offspring completely without the state.”

Mike Donnelly, a lawyer for the HSLDA who has worked on situations that have developed in Germany, said it’s not exactly clear how the law will affect the situation.

However, “the fact that Germany’s Federal Government would pass a law taking away due process when it comes to taking children away from their parents just because they are not attending school points to the sheer hostility of the German government towards homeschooling,” he told WND.

“The German Jugendamt system is under increasing scrutiny by the European Union as well as other international organizations because of the sheer numbers of custody cases in proportion to actual substantiated abuse and in relation to the overall population,” he said. “For homeschoolers, the Jugendamt represents the tip of the spear in the government’s persecution of parents who simply wish to educate their children privately at home – a freedom protected by governments of virtually all free societies.”

He said as a result of the combination of last year’s German court ruling that it is an abuse of parental rights to keep children away from public schools and the new plan, “the Jugendamt is now the most powerful and frightening force in repressing homeschooling in Germany.

“Families in Germany are being put under increasing pressure to stop homeschooling or face losing custody of their children just because they homeschool – instead many families flee the country. This reprehensible behavior violates the natural rights of parents and children and must be opposed by all free societies,” he said.

Practical Homeschool Magazine has noted one of the first acts by Hitler when he moved into power was to create the governmental Ministry of Education and give it control of all schools, and school-related issues.

In 1937, the dictator said, “The Youth of today is ever the people of tomorrow. For this reason we have set before ourselves the task of inoculating our youth with the spirit of this community of the people at a very early age, at an age when human beings are still unperverted and therefore unspoiled. This Reich stands, and it is building itself up for the future, upon its youth. And this new Reich will give its youth to no one, but will itself take youth and give to youth its own education and its own upbringing.”

Dudek told the HSLDA that, “Without wanting to overdramatize things this move by the justice ministry … can be compared to Hitler’s law of empowerment … That law gave him a free hand to turn Germany into the dictatorship it has become so ‘famous’ for.”

“Homeschoolers will be among the first to feel the wrath of our quasi-GESTAPO for the young: there is an explicit paragraph in the law dealing with the Jugendamt’s duty to enforce ’schulpflicht,’ the ‘punishment’ for [homeschooling] automatically being the withdrawal of parental custody,” he wrote.

He said although some officials had not yet signed the law, it appeared unstoppable.

In his own family’s case, he must appear in court on June 18.

One of the higher-profile cases on which WND has reported was that of a teen who was taken by police to the psychiatric ward because she was homeschooled.

The courts ruled it was appropriate for a judge to order police officers to take Melissa Busekros, 15 at the time, into custody during January 2007.

Officials later declined to re-arrest after she simply fled state custody and returned to her family.

Wolfgang Drautz, consul general for the Federal Republic of Germany, has commented on the issue on a blog, noting the government “has a legitimate interest in countering the rise of parallel societies that are based on religion….”

Drautz said schools teach socialization, and as WND reported, that is important, as evident in the government’s response when a German family wrote objecting to police officers picking their child up at home and delivering him to a public school.

“The minister of education does not share your attitudes toward so-called homeschooling,” said a government letter. “… You complain about the forced school escort of primary school children by the responsible local police officers. … In order to avoid this in future, the education authority is in conversation with the affected family in order to look for possibilities to bring the religious convictions of the family into line with the unalterable school attendance requirement.”

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Homeschooling on a Shoestring

‘Home School Heartbeat’: Homeschooling on a Shoestring

If you’re one of the many homeschooling families feeling senselessly trapped on a tight budget–just remember, it’s not too late to start saving money! From inexpensive curriculum, affordable teaching tools, to low-cost field trips, author Melissa Morgan talks about a few ways families can save on a shoestring budget and give their children a
rich education. Tune in for more on this week’s “Homes School Heartbeat.”

Read more about it at:
http://www.hslda.org/elink.asp?id=4934

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