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What’s that smell?

March 10, 2008 By Marta Darby 12 Comments

Alina_me_w_luza_63
Alina, my mom and Me. Miami, Florida. 1963

Havana, Cuba. Late 1960. Word was getting around that the new self-appointed governors of the island, those bearded rebels led by Fidel Castro and Che Guevarra were now planning to take away parents’ authority over their own children. The parents would no longer have any say as to where or when their children would be educated. There was the possibility that they could be sent to work camps to be used as slave labor or at the age of 15 young men would be conscripted into the armed forces. The point was that those decisions were no longer in the realm of parental authority. They would now be made by the Masters of the Revolution. Shocking, isn’t it? What an impossible position to be put in. Cuban parents were in turmoil.

My dad came to a swift and furious conclusion: "I. DON’T. THINK. SO. This stinks of communism."
This disturbing turn of events in our island home and the fact that my brother had just turned 15 was the final straw that caused my parents to come to the cataclysmic decision to leave Cuba.  ". . . until this madness blows over."

Obviously, my parents were right. Our beloved homeland still reeks of communism.

Lucy_jon_08

Lucy and Jonathan. California. 2008.

Last week Justice H. Walter Croskey in a Feb. 28 opinion signed
by the two other members of the district court ruled that here in California, ". . . parents do not have a constitutional right to home school their
children.”

"I. DON’T. THINK. SO. This stinks of communism."

We, along with other homeschooling and Christian families have signed this petition requesting that the Supreme Court of California "depublish" that opinion in order to keep our homeschooling freedom in California and urge any of you that stand with us to do the same.

My parents sacrificed so much for us to be able to be raised in a FREE country.  This opinion is a slap in the face to them and to freedom loving individuals everywhere. To our great sadness, this beautiful state is starting to reek more and more each day.   It’s already starting to smell like The People’s Republic of California. (heavy sigh)

cross-posted on Babalú.

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Cuando Sali de Cuba – Henry’s Story Ya viene llegando… A Sasquatch by any other name would smell as sweet The Smell of Home – Gaviña Coffee Basket Giveaway

Filed Under: Current Affairs, Homeschooling

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Reader Interactions

Comments

  1. class-factotum says

    March 10, 2008 at 12:34 am

    Once again, the state thinking they know better than parents on how to raise children (or how to run their lives, period).I don’t have any kids, but if I did, I would either have them in parochial school or I would homeschool. I’m not interested in my first-grader being taught how to put a condom on a banana.

    Reply
  2. keb says

    March 10, 2008 at 6:24 am

    excellent writing, as usual. When I signed the petition fri morning, there were 45,000 sigs, sat there were 99,000, today there are 166,000 – let’s pray “freedom loving people” wake up & spread the word.

    Reply
  3. Chantel says

    March 10, 2008 at 6:44 am

    I just signed the petition. Good luck. So, according to this ruling, you can’t homeschool your child unless you are a certified teacher. Well, I taught in private independent schools in PA and CT for many years, and none of us had to be certified. These college-prep schools were top-notch, and our students were the children of government officials, JUDGES, professors, you name it. I wonder if California kids who go to schools like La Jolla Country Day have “certified” teachers.

    Reply
  4. Rhonda says

    March 10, 2008 at 8:06 am

    I signed the petition–I REALLY hope that it gets reversed! We homeschooled our twins for a couple years until I returned to college–I’d do it again in a heartbeat if they decided they wanted it. The Wichita Homeschool robotics teams takes state competitions evey year. Unlike some states, our local schools are very supportive of homeschool organizations–we even invited a school from Arkansas to compete in Kansas when their state competion disqualified them on the basis of being homeschooled..Kansas made them “ambassadors” which allows them to compete.Maybe the California judge, in all his infinite “wisdom”, can come up with a plan to actually get the students in the California public school system to the educational equivalent of most homeschooled kids…Maybe he thinks this is the way to boost the number of kids that are actually proficient and will graduate…UGGGGG–you don’t want to get me started on this. Good luck-I pray this gets reversed!!

    Reply
  5. nora says

    March 10, 2008 at 8:18 am

    Unbelievable! It is getting scarier all of the time. Only people like you, who have first hand experience, know what these things can lead to. Looks like we may all end up in Costa Rica, after all.Love to you and thanks for making the petition available.
    N

    Reply
  6. Claudia says

    March 10, 2008 at 3:41 pm

    Maybe California should worry about improving their schools instead of trying to prevent parents from giving their kids a decent education.I’m with you, Marta. I could never homeschool (I need a much bigger audience!) but I surely admire those who do.
    hugs,
    Claudia

    Reply
  7. j. says

    March 10, 2008 at 4:35 pm

    I’m 24 years old, and have several friends who were homeschooled. I, unfortunately, was stuck in public school. I can tell you, that these friends of mine astound me everyday. They know more, and are the most well educated folks I know…I think the scariest quote I’ve seen so far is from the LA Times:A.J. Duffy, president of United Teachers Los Angeles, said he agrees with the ruling.
    “What’s best for a child is to be taught by a credentialed teacher,” he said.
    So that teachers who strive for mediocrity at best and who would indoctrinate your kids can monitor the progress (or lack thereof) of your children. It’s all about the money for the teachers union.

    Reply
  8. Pedro A Delgado says

    March 10, 2008 at 6:06 pm

    The overwhelming majority of the people in our country do not even begin to realize what is the importance of what the state of California did when the courts there, declared that homeschooling is now illegal.As a person that came forty five years ago from Cuba I can tell you what that means.
    It means that we (every one of us) better start fighting that unconstitutional decision tooth and nail if we hope to keep living in a free country.
    I know that many will say, well on here we have law and order and is not like in Cuba where only one man governs.
    Well, let me say to whoever says that, if the courts can ignore our Constitution, what make you believe that you will continue in having any rights because after all you are at the mercy of what a group of men that are legislating law and not interpreting as their job description calls for.
    If you do not believe that, take a look to the present law in regards to abortion. Certainly the Constitution does not authorize what the Supreme Court did in i973 authorizing it.
    The consequences have been tragic to the 45 million kids murdered since then and the impact of such travesty is even related to our present immigration problems today.
    Lets fight this tragic decision because ultimately our freedom is in the balance.
    Really, things like this will continue occurring until we the people start using our Constitutional rights which include impeaching judges.

    Reply
  9. Melek says

    March 11, 2008 at 5:29 am

    Marta,Great post!! What has happened to the basic right of freedom of choice? All Californians need to stand up and fight this, regardless if you are a homeschooling parent or not. Today is homeschooling, what will it be tomorrow?
    This is all about “CONTROL”!! It’s a direct result of FEAR from the “Left”, which has controlled the school system, from kinder through college. They have used it as their “medium” to indoctrinate and further liberal and socialist views in our country, without being challenged. It’s basically a struggle against individual thinking versus the ideal socialist principle of “collective” thinking.
    Homeschooling is “generating” citizens, who thrive in their individuality and to an extent, who are inmune to the ongoing “programming” and indoctrination prevalent in our schools.
    It’s up to you all in California, with our support to challenge this opinion … the facts and success of homeschool educated children back you up 100%. We just need to look around and point out successful individuals in our society, who are the product of homeschooling!
    I wish you well 🙂 Melek
    “Our lives begin to end the day we become silent about things that matter.” ~ MLK

    Reply
  10. Susan says

    March 12, 2008 at 10:33 am

    I’ve been wondering how you are doing considering the latest madness from the California courts. I’m off to sign the petition after I post this!I saw the news on Drudge and it linked to an article in the SF Gate (!). The comments on that article would make your blood boil. There were hundreds and most were cheering the judge’s decision as a victory against Christian fundamentalists abusing their children by brainwashing them at home. Yep. That sums up 95% of the comments on that article. It was like dropping into an alternate universe. There were a very few posts with an opposing view, and almost all of those started out with “I’m NOT a Christian, but…” Jeesh. About the only positive thing they could come up with is “Um, er, the entire school-age dancers at the San Francisco Ballet are home schooled…ALL of them.” I guess the Nutcracker is going to look different this year with a bunch of 20-somethings playing the children!
    Fight on!!

    Reply
  11. Ody from Miami Lakes says

    March 13, 2008 at 9:05 am

    Below is what I recieved from the HSLDA:HSLDA: Update–Defending Homeschool Freedom in California
    Dear HSLDA Members and Friends:
    The following is an update on the developing situation in California
    from Michael Farris, Chairman, Home School Legal Defense Association.
    State Superintendent Supports Homeschooling
    On Tuesday, March 11, Jack O’Connell, California Superintendent of
    Public Instruction, announced that he believed that homeschooling is
    still legal in California. O’Connell’s statement is welcome news. To
    read it visit http://hslda.org/elink.asp?ID=4893 . Some might
    conclude that the statement ends the controversy. However, it is not
    the end of the matter; it is just an important step along the way.
    His clarifying statement was probably the result of the massive public
    outcry against the February 28 decision of the California Court of
    Appeal which effectively ruled that homeschooling is illegal in
    California unless conducted by a credentialed teacher and that parents
    have no constitutional right to homeschool.
    O’Connell’s statement is helpful, but the courts will undoubtedly take
    the position that their determination of the meaning of state law is
    final even though they should give serious deference to the position
    of the Superintendent of Public Instruction.
    It should also be remembered that local school districts make the
    decision about when to initiate prosecutions for truancy, and they are
    not officially controlled by the state agency on these matters.
    However, many local officials may be influenced by O’Connell’s
    positive statement.
    Did the February 28 Ruling Intend to Affect All Homeschooling
    Families?
    Some have contended that the decision of the Court of Appeal in In Re
    Rachel L. only affects that particular family. While a court order can
    only direct one family to stop homeschooling, the case clearly sets a
    legal precedent that will be binding against all other families if
    this case is not reversed. (Technically, the decision is binding only
    in the Second District which consists of Los Angeles, San Luis Obispo,
    Santa Barbara, and Ventura counties. However, other appellate
    districts will normally treat it as persuasive precedent. If ratified
    by the Supreme Court of California, it formally binds all California
    counties.)
    There are two basic issues in the case:
    1. Does state law allow parents to homeschool without a state teaching
    credential?
    2. If not, is this law unconstitutional?
    Below are three short quotations from the case which give the clear
    answer:
    “It is clear to us that enrollment and attendance in a public
    full-time day school is required by California law for minor children
    unless (1) the child is enrolled in a private full-time day school and
    actually attends that private school, (2) the child is tutored by a
    person holding a valid state teaching credential for the grade being
    taught.”
    “California courts have held that under provisions in the Education
    Code, parents do not have a constitutional right to school their
    children in their own home.”
    “We agree with the Shinn court’s statement that ‘the educational
    program of the State of California was designed to promote the general
    welfare of all the people and was not designed to accommodate the
    personal ideas of any individual in the field of education.”
    In the first quote the court makes it clear that it believes that
    parents may not operate their own private schools. In the second they
    deny that a parent has a constitutional right to homeschool, and in
    the third they concur that California law does not accommodate parents
    pursuing their own education program for their children.
    As you can see, the decision is categorical and was not written to be
    limited to just the facts of this case.
    Due to the scope of the court decision, HSLDA is pleased to be working
    with other self-identified pro-homeschooling organizations, including
    Christian Home Educators Association of California (CHEA), Homeschool
    Association of California (HSC), California Homeschool Network (CHN),
    and Family Protection Ministries (FPM) in order to oppose this ruling.
    We are all in this one together.
    What is HSLDA’s Immediate Plan of Action?
    We plan to:
    1. Support the family’s petition for review to the California Supreme
    Court.
    2. File an amicus brief on behalf of all our members, and others we
    represent, if the California Supreme Court accepts the case for
    review.
    What Can California Homeschoolers Expect in the Short Run?
    We believe that it is highly unlikely that local officials will begin
    proceedings against homeschool families until this present case is
    resolved.
    This ruling has obviously caused great concern among California
    homeschoolers. We want to remind all California homeschoolers that you
    should stay calm in the face of this decision. Please continue to
    operate your homeschool, because we believe that our interpretation of
    the law is correct and will ultimately prevail in the court system.
    We must remain vigilant, however. If you are a member of HSLDA, and
    you are contacted by a school district, please contact HSLDA
    immediately.
    Long-Range Solution
    On another front, later today I am meeting with a half-dozen
    congressmen to plan a strategy to push for a constitutional amendment
    on parental rights. We have been receiving numerous calls from members
    of Congress wanting to respond to this decision. See
    http://hslda.org/elink.asp?ID=4891 for more information.
    Final Thoughts/Conclusion
    The way the homeschool law has worked in California for the past two
    decades has been successful for all homeschoolers. If we can keep
    what we have today that would be a significant victory for homeschool
    freedom.
    We also understand that the current situation has caused much stress
    for California homeschool families. We are praying, and we encourage
    you to pray, that the threat we face will be swiftly removed and that
    homeschool freedom in California will be preserved.
    We have seen God’s hand of protection on the homeschooling movement
    for the 25 years we have been working together for this cause. There
    is no reason to begin to doubt God now.
    Michael Farris
    Chairman, Home School Legal Defense Association

    Reply
  12. Katie!! says

    March 18, 2008 at 11:59 pm

    marti, i did read your post and i have had this conversation with you about homeschooling and our horrible california public school system, but i have to say young pictures of my mom CRACK ME UP!! you could photoshop her head and paste it onto a recent picture of her body and not know the difference. i mean seriously, her tiny body looks awkward with that serious face she has.i cant stop laughing about it.
    but i hadnt heard that, and everything about it is ridiculous–you dont have the constitutional right to raise your own kids??? who does then?? you do not have the right to choose….? pretty scary when you cant make choices about your own life.

    Reply

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