Rogue Judge Threatens Homeschoolers
By Lee Duigon
Since when does a family court judge get to hand down new education laws from the bench?
But a judge in Newark, NJ, has tried to do just that (for details, see "Activist NJ Court Tries to Legislate Homeschooling Policy").
Brought in to resolve a dispute between a divorced couple, Family Court Judge Thomas Zampino overrode his state's laws and ordered the local school board to sue a homeschooling mother of seven, to get the right to review and supervise her teaching (for the full text of the judge's ruling).
Amazingly, the judge in his ruling cited the state laws which do not permit the actions he desires the board to take. According to the laws cited by the judge, 1) parents in New Jersey are not required to notify the school board of their decision to homeschool, 2) the law does not require the board to review and approve anyone's homeschooling curriculum, 3) a parent is not required to have a teaching certificate in order to homeschool, and 4) no standardized tests are required for New Jersey's homeschooled children.
You'd think that would settle it, wouldn't you? Undaunted by the law, however, the judge said the lack of school board supervision over homeschooling families was "shocking to the court," and soliloquized, "[H]ow can we not monitor the educational welfare of all our children?"
Because the law does not permit you to, sir!
Judge Zampino said he wants 1) the registration of all homeschooled children, 2) a requirement for parents to file their homeschool curricula with the local school board, plus a "training seminar" for parents, and 3) a requirement for standardized tests to be administered to all homeschooled children.
The judge decried what he called a "void in legislation," and asked, "How can we have... no state statute that outlines a framework for school districts when parents choose this alternative for their children?"
Doesn't he have enough to do, enforcing the existing statutes, without trying to enforce imaginary ones?
Not being a duly constituted legislature, the judge's wish list would appear to be just another piece of idle, opinionated chit-chat. We are all entitled to our opinions. But of course the judge thinks his opinion is the same thing as a law, and he will try to force this family and their local school board to abide by it.
Isn't it about time legislatures started censuring, or even impeaching, judges who so brazenly overstep their bounds? Isn't it about time that we, the public, started demanding that our legislators do this?
We will be watching to see what happens in this case. Parental rights are at stake, and we must not allow rogue judges to abridge them.
Since when does a family court judge get to hand down new education laws from the bench?
But a judge in Newark, NJ, has tried to do just that (for details, see "Activist NJ Court Tries to Legislate Homeschooling Policy").
Brought in to resolve a dispute between a divorced couple, Family Court Judge Thomas Zampino overrode his state's laws and ordered the local school board to sue a homeschooling mother of seven, to get the right to review and supervise her teaching (for the full text of the judge's ruling).
Amazingly, the judge in his ruling cited the state laws which do not permit the actions he desires the board to take. According to the laws cited by the judge, 1) parents in New Jersey are not required to notify the school board of their decision to homeschool, 2) the law does not require the board to review and approve anyone's homeschooling curriculum, 3) a parent is not required to have a teaching certificate in order to homeschool, and 4) no standardized tests are required for New Jersey's homeschooled children.
You'd think that would settle it, wouldn't you? Undaunted by the law, however, the judge said the lack of school board supervision over homeschooling families was "shocking to the court," and soliloquized, "[H]ow can we not monitor the educational welfare of all our children?"
Because the law does not permit you to, sir!
Judge Zampino said he wants 1) the registration of all homeschooled children, 2) a requirement for parents to file their homeschool curricula with the local school board, plus a "training seminar" for parents, and 3) a requirement for standardized tests to be administered to all homeschooled children.
The judge decried what he called a "void in legislation," and asked, "How can we have... no state statute that outlines a framework for school districts when parents choose this alternative for their children?"
Doesn't he have enough to do, enforcing the existing statutes, without trying to enforce imaginary ones?
Not being a duly constituted legislature, the judge's wish list would appear to be just another piece of idle, opinionated chit-chat. We are all entitled to our opinions. But of course the judge thinks his opinion is the same thing as a law, and he will try to force this family and their local school board to abide by it.
Isn't it about time legislatures started censuring, or even impeaching, judges who so brazenly overstep their bounds? Isn't it about time that we, the public, started demanding that our legislators do this?
We will be watching to see what happens in this case. Parental rights are at stake, and we must not allow rogue judges to abridge them.
