Update on California Case from HSLDA

March 11, 2008

An update to HSLDA Members and Friends on the California Court of
Appeal Decision on Homeschooling:

State Superintendent of Public Instruction Jack O'Connell comes to the
defense of homeschool families. "The California Department of
Education policy will not change in any way as a result of this
ruling. Parents still have the right to homeschool in this state," he
said.

After the Court of Appeal for the Second Appellate District in Los
Angeles ruled on February 28 that parents had to be credentialed
teachers to educate their own children the statement from O'Connell is
encouraging news for the homeschool community.

"O'Connell has it right," said Michael Farris, Chairman of HSLDA. "But
the court decision must still be overturned before homeschool freedom
can be restored in California."

The Court of Appeal ruling shocked the homeschool community because in
one sweeping decision it effectively outlawed homeschooling.

"We hope the statement from O'Connell puts the brakes on any
enforcement action," said Farris.

HSLDA will be pursuing several legal options, including seeking review
by the California Supreme Court and petitioning the same court to
depublish the opinion in order to return California to being a state
where a family can legally homeschool in California without fear.

"We have just started the legal battle to restore homeschool freedom
in California," said Farris.

To visit HSLDA's Info page on this court decision, which has the legal
status, link to the decision, and info on legal grounds for
homeschooling in California, use this link:
http://hslda.org/elink.asp?ID=4890

Ian Slatter
Director of Media Relations

 

From the HSLDA E-lert Service...
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Court of Appeal Grants Petition for Re-hearing

On March 25, the California Court of Appeal granted a motion for
rehearing in the 'In re Rachel L.' case--the controversial decision
which purported to ban all homeschooling in that state unless the
parents held a teaching license qualifying them to teach in public
schools.

The automatic effect of granting this motion is that the prior opinion
is vacated and is no longer binding on any one, including the parties
in the case.

The Court of Appeal has solicited a number of public school
establishment organizations to submit amicus briefs including the
California Superintendent of Public Instruction, California Department
of Education, the Los Angeles Unified School District, and three
California teacher unions. The court also granted permission to
Sunland Christian School to file an amicus brief. The order also
indicates that it will consider amicus applications from other groups.

Home School Legal Defense Association will seek permission to file
such an amicus brief and will coordinate efforts with a number of
organizations interesting in filing briefs to support the right of
parents to homeschool their children in California.

"This is a great first step," said Michael Farris, chairman of HSLDA.
"We are very glad that this case will be reheard and that this opinion
has been vacated, but there is no guarantee as to what the ultimate
outcome will be. This case remains our top priority," he added.