New Trial Ordered for German Homeschoolers Sentenced to Prison

Rosemary and Juergen Dudek's jail sentence was overturned on Christmas Eve. However, the family's troubles are not over.

In July of 2008, they were each sentenced to 90 days in prison for homeschooling when a lower court’s sentence of fines totaling 900 euros (about $1,200) for not sending their children to school was appealed.

However, on December 24, a state appeals court overturned the sentence on the grounds that legal errors had been made by the regional court.

“We are relieved and grateful that the appeals court has set aside these harsh sentences,” Mr. Dudek said. “However, we know that this is not the end of the story since new trials have been ordered.”

I wonder if American homeschool families would be as determined to stand up to the government if threatened with prison. I know that when we were first homeschooling, before homeschooling was legal in all 50 states, my husband was pretty adamant that if there were ever any legal issues that he was not willing to go to jail over them. Mr. Dudek said the trial had taught him to overcome the fear of standing up to the German government.

“The latest measures being taken by the government against homeschoolers is
designed to make us afraid and to give up,” he said. “The changes in laws to
make it easier to take away children, and the more aggressive posture of the
Jugendamt in trying to threaten parental custody demonstrate that the
government is trying to intimidate and scare homeschoolers. We must not be
afraid. Fear saps our courage, our strength and our perspective. To win this
fight we must stand firm and trust to the Lord to deliver us.” (HSLDA)

The Germans do not appear to be any closer to relaxing their stance against what they consider to be the formation of "parallel societies" such as could be created when parents teach their children at home away from the watchful eye of Big Brother.

HSLDA continues to work with other organizations to try to help beleaguered
German parents who simply wish to educate their children at home—just as
hundreds of thousands of others do in other parts of the world. To learn more
about HSLDA’s activities and to listen to a Moody prime time radio broadcast
with remarks by Mr. Dudek, please HSLDA’s Germany
page

Criminal Charges Dropped against German Homeschoolers

HSLDA brings us an update on a criminal case against a German home schooling family. Please continue to keep them in your prayers.

The Brause family of Zittau, Germany, appeared in court recently to defend against criminal charges aimed at punishing them because they homeschool. The family had lost partial custody of their children about a year ago after the German Youth Welfare Office, also known as the Jugendamt, had filed a petition of neglect in family court because the children were homeschooled. According to a report by the International Human Rights Group (IHRG), the criminal charges have now been dropped. German Attorney Johannes Hildebrandt represented the family in the criminal matter and told HSLDA that the family court matter remains. HSLDA requests that you continue to keep this family in your prayers as they seek to regain full custody of their children.

"You are hereby sentenced to 90 days in prison"

HSLDA brings an update this week on the plight of two home schooling families in Germany.

I wrote earlier this summer about the "final solution" that Germany has begun to implement in the homeschool community there.

Exterminate them.

OK, maybe that is an extreme characterization, but only a little. Germany does not tolerate homeschooling for any reason, citing laws dating to the Hitler era.

A recent member of a German homeschool network wrote to the country’s top education official, Dr. Annette Schavan, asking that the topic of homeschooling be put on the agenda for a national conference of state education leaders. He was told “The topic would not be discussed because it is impossible to homeschool in Germany.”

Even foreigners who are there temporarily, such as US military families stationed in Germany, are not supposed to homeschool.

So in practical terms, that is the same as extermination. This is unconscionable.

In a nutshell, this week we have good news and bad news. The good news was that the Jugendamt decided to release the Gorber children to the custody of their parents pending a family court hearing on September 25. They are in a public school, but were not required to attend "special schools" a long distance from their homes, or live in the state-run group homes conveniently located near the "special schools"

Meanwhile, Rosemary and Juergen Dudek have already been sentenced to 90 days in prison for homeschooling, and have had a new round of criminal charges filed against them. They continue to fight these charges, and have applied to be considered a private school.

Can you say, "Ja wohl, Herr Kommandant?" I used to laugh when Sgt. Schultz said that to Col. Klink on Hogan's Heroes when I was a kid. But I am not laughing now.

Could that happen here? It is by the grace of God that the eleven Christians arrested in Philadelphia for the "hate crime" of sharing the Gospel at a homosexual event a few years ago did not actually have to go to prison for the incredible 47 years they were faced with serving. Even though video of the events clearly showed that the Christians were not violent, Philadelphia police and officials insisted on interpreting their every move as hostile. Four of the defendants were charged with ethnic intimidation and rioting -- among other things.

Right. So what does that have to do with homeschooling?

It shows that things we really don't believe could ever happen here are already happening. If people can't be sure they have First Amendment rights on a public street, how can parents be sure they have the right to teach their children at home, privately and away from Big Brother's watchful eye? As I said in an earlier post, these things are the germ of the same idea that is resulting in the prosecution of these German parents.

Would YOU be willing to serve 90 days in prison for homeschooling?

My earlier posts on the German homeschooling problem can be found here:

Ill Wind Blows for Homeschooling
Germany Strikes Again
Germany Declares War on Homeschooling