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Welcome to Call to Decision
Homeschoolers ordered into
public classrooms
Judge: Children need more
'focus' despite testing above grade levels
by Bob Unruh
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| A North Carolina judge has
ordered three children to attend public schools this fall
because the homeschooling their mother has provided over the
last four years needs to be "challenged."
The children, however, have tested above their grade levels
– by as much as two years.
The decision is raising eyebrows among homeschooling families,
and one friend of the mother has launched a
website to publicize the issue.
The ruling was made by Judge Ned Mangum of Wake County, who
was handling a divorce proceeding for Thomas and Venessa
Mills.
A statement released by a publicist working for the mother,
whose children now are 10, 11 and 12, said Mangum stripped her
of her right to decide what is best for her children's
education.
The
judge, when contacted by WND, explained his goal in
ordering the children to register and attend a public school
was to make sure they have a "more well-rounded
education."
"I thought Ms. Mills had done a good job [in
homeschooling]," he said. "It was great for them to
have that access, and [I had] no problems with homeschooling.
I said public schooling would be a good complement."
The judge said the husband has not been supportive of his
wife's homeschooling, and "it accomplished its purposes.
It now was appropriate to have them back in public
school."
Mangum said he made the determination on his guiding
principle, "What's in the best interest of the minor
children," and conceded it was putting his judgment in
place of the mother's.
And he said that while he expressed his opinion from the bench
in the court hearing, the final written order had not yet been
signed.
However, the practice of a judge replacing a parent's judgment
with his own regarding homeschooling was argued recently when
a court panel in California ruled that a family would no
longer be allowed to homeschool their own children.
WND
reported extensively when the ruling was released in February
2008, alarming homeschool advocates nationwide because of
its potential ramifications.
Ultimately, the 2nd Appellate District Court in Los Angeles
reversed its own order, affirming the rights of California
parents to homeschool their children if they choose.
The court, which earlier had opined that only credentialed
teachers could properly educate children, was faced with a
flood of friend-of-the-court briefs representing individuals
and groups, including Congress members.
The conclusion ultimately was that parents, not the state,
would decide where children are educated.
The California opinion said state law permits homeschooling
"as a species of private school education" but that
statutory permission for parents to teach their own children
could be "overridden in order to protect the safety of a
child who has been declared dependent."
In the North Carolina case, Adam Cothes, a spokesman for the
mother, said the children routinely had been testing at up to
two years above their grade level, were involved in swim team
and other activities and events outside their home and had
taken leadership roles in history club events.
On her website, family friend Robyn Williams said Mangum
stated his decision was not ideologically or religiously
motivated but that ordering the children into public schools
would "challenge the ideas you've taught them."
Williams, a homeschool mother of four herself, said, "I
have never seen such injustice and such a direct attack
against homeschool."
"This judge clearly took personal issue with Venessa's
stance on education and faith, even though her children are
doing great. If her right to homeschool can be taken away so
easily, what will this mean for homeschoolers state wide, or
even nationally?" Williams asked.
Williams said she's trying to rally homeschoolers across the
nation to defend their rights as Americans and parents to
educate their own children.
Williams told WND the public school order was the worst
possible outcome for Ms. Mills, who had made it clear she felt
it was important to her children that she continue
homeschooling.
According to Williams' website, the judge also ordered a
mental health evaluation for the mother – but not the father
– as part of the divorce proceedings, in what Williams
described as an attack on the "mother's conservative
Christian beliefs."
According to a proposed but as-yet unsigned order submitted by
the father's lawyer to Mangum, "The children have thrived
in homeschool for the past four years, but need the broader
focus and socialization available to them in public school.
The Court finds that it is in the children's best interest to
continue their homeschooling through the end of the current
school year, but to begin attending public school at the
beginning of the 2009-2010 instructional year."
The order proposed by the father's lawyer also conceded the
reason for the divorce was the father's "adultery,"
but it specifically said the father would not pay for
homeschooling expenses for his children.
The order also stated, "Defendant believes that plaintiff
is a nurturing mother who loves the children. Defendant
believes that plaintiff has done a good job with the
homeschooling of the children, although he does not believe
that continued homeschooling is in the best interest of the
children."
The website said the judge also said public school would
"prepare these kids for the real world and college"
and allow them "socialization."
Williams said the mother originally moved into a homeschool
schedule because the children were not doing as well as she
hoped at the local public schools.
In
last year's dispute in California, the ruling
that eventually was released was praised by pro-family
organizations.
"We're pleased the appeals court recognized the rights of
parents to provide education for their children," said
Jay Sekulow, chief counsel for the American
Center for Law and Justice. "This decision reaffirms
the constitutional right that's afforded to parents in
directing the education of their children. It's an important
victory for families who cherish the freedom to ensure that
their children receive a high quality education that is
inherent in homeschooling."
"Parents have a constitutional right to make educational
choices for their children," said Alliance
Defense Fund Senior Counsel Gary McCaleb. "Thousands
of California families have educated their children
successfully through homeschooling. We're pleased with the
court's decision, which protects the rights of families and
protects an avenue of education that has proven to benefit
children time and time again.
The North Carolina ruling also resembles a number of rulings
handed down against homeschool parents in Germany, where such
instruction has been banned since the years of Adolf Hitler's
rule.
As
WND reported, Wolfgang Drautz, consul general for the
Federal Republic of Germany, has commented previously on the
issue, contending the government "has a legitimate
interest in countering the rise of parallel societies that are
based on religion."
"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."
WND
also reported recently when a German appeals court tossed
out three-month jail terms issued to a mother and father who
homeschool their children. But the court also ordered new
trials that could leave the parents with similar penalties,
according to the Home School
Legal Defense Association.
The
case involves Juergen and Rosemarie Dudek of Archfeldt,
Germany, who last summer received formal notices of their
three-month sentences.
The 90-day sentences came about when Hesse State Prosecutor
Herwig Muller appealed a lower court's determination of fines
for the family. The ruling had imposed fines of about 900
euros, or $1,200, for not sending their children to school
Muller, however, told the parents they shouldn't worry about
any fines, since he would "send them to jail," the
HSLDA reported.
HSLDA spokesman Michael Donnelly warned the homeschooling
battle is far from over in Germany.
"There continue to be signs that the German government is
cracking down on homeschooling families," he reported.
"A recent letter from one family in southern Germany
contained threats from local school authorities that unless
the family enrolled their children in school, they would seek
fines in excess of 50,000 euros (nearly $70,000), jail time
and the removal of custody of the children."
HSLDA officials estimate there are some 400 homeschool
families in Germany, virtually all of them either forced into
hiding or facing court actions.
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