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Christian Girl Ordered to Attend Public School |
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Prayer-Soldier writes " On 14 Jul 09, a New Hampshire court ordered that a 10 year old Christian girl, who was being home schooled by her mother, must attend public school. The ruling stemmed from a disagreement between the divorced parents as to the suitability of home schooling for the child. As a result of the divorce agreement, the parents agreed to joint decision-making in relation to their daughter. The agreement also included a provision for mediation. A Guardian ad Litem was appointed to represent the interests of the child.
The court order related that the mother had home schooled her daughter since she was in first grade. The father disagreed with the home schooling, not on grounds of the quality of education but that he felt his daughter would not be adequately socialized with other children her age.
The court order identified that the girl was attending public school activities, such as a theater program, required to meet state education standards. She also attended art, Spanish and physical education classes through the public school.
The court found that the home school curriculum, provided through a university and prepared by certified teachers, was reviewed and approved by the school district. The court also found that the curriculum was comparable to that of children her age, with the “exception of a Bible class.” The court also noted testimony from the teachers that indicated the girl was “generally likable and well liked, social and interactive with her peers, academically promising, and intellectually at or superior to grade level. The court, however, noted that the Guardian ad Litem testified that the girl lacked some youthful characteristics.
The court order related that The Guardian ad Litem concluded that the girl would be best served by exposure to group learning situations and “by the social interactivity of children her age.” The Guardian ad Litem continued that the girl would be best served “by exposure to different points of view at a time in her life when she must begin to critically evaluate multiple systems of belief and behavior and cooperation in order to select, as a young adult, which of those systems will best suite her needs.”
While the disagreement between the parents was centered upon socialization, the continued arguments focused upon matters of faith. The Guadian ad Litem expressed concern that the relationship between father and daughter suffered because the daughter felt her father's refusal to “adopt her religious beliefs and his choice instead to spend eternity away from her proves that he does not love her as much as he says he does.”
The mother also noted that the daughter expressed concerns to her counselor that “her father 'constantly bombards' her about her faith and will not let the daughter alone about it.” The court noted that despite the mother's insistence that the daughter has a free choice of religious belief, “it would be remarkable if a ten year old child who spends her school time with her mother and the vast majority of all her other time with her mother would seriously consider adopting any other religious points of view.”
The judge's opinion related that the girl was being ordered to attend public school, not because of her religious fervor, or the Christian beliefs of the mother, rather, the court reached its conclusions based upon the environment public school provides for purposes of socialization.
Interestingly, the court also reviewed a disagreement of the parents as to whether the daughter should receive chiropractic care. The court noted that, “This is not only an area in which there is room for disagreement among physicians and specialists, but an area in which there is room for reasonable disagreement between parents. The court concluded there is no basis to rule one way or the other.
On 26 Aug 09, the Alliance Defense Fund reported that they filed a motion to request the court reconsider the order directing that the child must enroll in public school. ADF-allied attorney John Anthony Simmons stated, “Parents have a fundamental right to make educational choices for their children. In this case specifically, the court is illegitimately altering a method of education that the court itself admits is working.” Simmon continued, “The court is essentially saying that the evidence shows that, socially and academically, this girl is doing great, but her religious beliefs are a bit too sincerely held and must be sifted, tested by, and mixed among other worldviews. This is a step too far for any court to take.”
The supporting brief to the motion to reconsider stated, “New Hampshire law has long recognized the legitimacy and merit of home schooling, without regard to whether or how much participating students may mingle and mix with other children. In fact, the New Hampshire Supreme Court has specifically declared: 'Home education is an enduring American tradition and right having produced such notables as Abraham Lincoln, Woodrow Wilson, and Thomas Edison . . .'”
The brief also argues that, “According to the New Hampshire Department of Education, the number of New Hampshire students who are homeschooled has grown steadily each year since 1993 (the earliest year for which state home school statistics are readily available). This follows the national trend, as studies show home schooling to be 'the fastest growing form of education.'” The brief concludes, “The order issued on July 14, 2009, treads on the constitutional rights of the Respondent to raise and educate her child.”
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Posted on Friday, August 28 @ 22:17:21 MDT by drbonebrake
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