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California Appellate Court Ruling


Homeschool Victory
Review & Outlook
The Wall Street Journal
Posted August 16, 2008

Excerpt: But in a rare victory for parental choice, the public school monopoly won’t be able to exploit a bad case to declare that homeschooling is unconstitutional.

 


Bulletin #63 – California Appeals Ruling
NHELD.com
Posted August 11, 2008

Note: Highlighting added by Alliance.

ExcerptWhile some have read the decision and are claiming that the Appeals Court “declared that homeschooling is legal” in California, and are touting it as a victory, a careful reading of the Appeals Court decision shows that, in fact, the Court did not “declare homeschooling to be legal in California”.  The Appeals Court, in point of fact, correctly pointed out that it does not have the authority to make such a decision.  The Appeals Court, as it did initially, explained what the existing law actually says about homeschooling and also what it doesn’t say, as well as what the legislature in California has “accepted” despite what the statutory law says…

The bottom line is this:  The requirement existed that credentialed tutors were required, the practice existed that parents homeschooled without having credentials as tutors, the Legislature and state agencies accepted the practice despite the law, the Court recognized this occurred and concluded that because it occurred, the practice was accepted despite the existence of the law. More importantly, the Court held that despite the Constitutional rights of parents to the upbringing and education of their children, the state can override that right. 

 

While NHELD is gratified that parents in California will be able to continue to homeschool as they did previously, we continue to admonish all parents to become fully informed of what the statutes in their state actually say and to adhere to the provisions of those statutes.  If parents do not agree with the requirements in those statutes, the appropriate way pursuant to the Constitution to change that law is by an appeal to the Legislature of that state, not to the Courts.


 

A Great Victory for California Homeschoolers
HSLDA.org
Posted August 8, 2008

In a unanimous decision, the California Court of Appeal for the Second Appellate District today ruled that “California statutes permit home schooling as a species of private school education.”

 

Caution: In the closing paragraph of “4. California Has Few Express Limitations on Home Schooling,” the court states:

 

Given the state’s compelling interest in educating all of its children (Cal. Const., art. IX, § 1), and the absence of an express statutory and regulatory framework for home schooling in California, additional clarity in this area of the law would be helpful.

 

Further vigilance is clearly in order, and homeschoolers in California and other states should take note.


The Court of Appeal of the State of California, Second Appellate District, Division Three, has ruled that parents without teaching credentials have no constitutional right to educate their children.

 

The situation has drawn the attention and action of thousands of homeschoolers, California state education officials, the governor of California, and news sources across the country.

 

It should be stressed that California law has not changed. While this particular judgment does open the door to interpret future cases with similar harshness, it will take some time before the actual implications of this case for average homeschoolers may be fully realized. The most important thing to do is stay informed and not make any decisions in a panic.

Many organizations and California homeschoolers are working together on this situation and covering it on their web sites. We recommend that you spend a little time reading over what each has to say and what action they suggest before deciding on your own course of action. The situation is serious enough to merit careful and informed thought and response.


 

The following resources should help you understand the threat to homeschooling in California and the wisdom of various responses to it.


 

The criminalization of parents

By Stephen Baskerville

WorldNetDaily.com

Posted March 15, 2008

Excerpt:  The California appeals court decision criminalizing parents who homeschool their children is only the tip of an iceberg. Nationwide, parents are already being criminalized in huge numbers, and it is not limited to homeschoolers.


California Appellate Court Ruling

Bulletin #60

Attorney Deborah G. Stevenson, Executive Director

National Home Education Legal Defense (NHELD)

Posted March 8, 2008

Excerpt:  In other words, the Appeals Court said the legislature adopted statutes regulating the parents’ right to educate their children.  Those statutes are still valid and parents must comply with them.

The lesson here is: don’t believe everything you hear or read.  Go to the original source.  Read it for yourself.  Arm yourself with the truth and then you will be prepared to act appropriately.


Time for a Texas-style Round Up!

Chuck Norris

WorldNetDaily.com

Posted March 10, 2008

Excerpt:  Our twins are homeschooled. That is the present educational option we have chosen for them and us. It is our right to do so as parents and American citizens. But, increasingly across this union, private academic alternatives are coming under attack, being legally stripped of their value and even being labeled unconstitutional and illegal.


Homeschoolers’ setback sends shock waves through state

Posted March 7, 2008

 

Excerpt:  A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution.

 

The homeschooling movement never saw the case coming.


Judge orders homeschoolers into government education

Court: Family’s religious beliefs ‘no evidence’ of 1st Amendment violation

By Bob Unruh

WorldNetDaily.com

Posted February 29, 2008

 

Excerpt:  “We find no reason to strike down the Legislature’s evaluation of what constitutes an adequate education scheme sufficient to promote the ‘general diffusion of knowledge and intelligence,'” the court said in the case. “We agree ‘the educational program of the State of California was designed to promote the general welfare of all the people and was not designed to accommodate the personal ideas of any individual in the field of education.'”