YOUR GOVERNMENT AT WORK
Judge orders homeschoolers into public district classrooms
<http://www.worldnetdaily.com/?pageId=91397>http://www.worldnetdaily.com/?pageId=91397
 

Decides children need more 'focus' despite testing above grade levels

Posted: March 11, 2009
11:25 pm Eastern

By Bob Unruh
© 2009 WorldNetDaily

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 <http://www.hsinjustice.com>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.

<http://www.nccourts.org/County/Wake/Directory.asp>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."

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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.

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=71852>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.

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=71852>In 
last year's dispute in California, the 
<http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi?Courts=B>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 <http://www.aclj.org>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 
<http://www.alliancedefensefund.org>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."

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=85747>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 
<http://www.hslda.org>Home School Legal Defense Association.

<http://www.wnd.com/index.php?fa=PAGE.view&pageId=70896>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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