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Epic Victory for Homeschooling
Volume 85, Program 6
9/29/2008
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This year, homeschooling faced a major threat in California. A surprise court ruling in February called into question the legality of homeschooling for thousands of families. After two rulings by the same court, there’s an answer to that question. Find out about it on Home School Heartbeat, with HSLDA President Mike Smith and Mike Farris.

Mike Smith:
Today Mike Farris, HSLDA Chairman, joins me to talk about the August decision of the California Court of Appeal in the homeschooling case that has held national attention since early March of this year.

Mike, tell our listeners what happened on August 8.

Mike Farris:
Well, Mike, we got a surprising victory from the Court of Appeal in the rehearing of the case called In re Rachel L. In February, the court had announced that homeschooling was illegal in California, the statutes didn’t permit it, and the Constitution didn’t require a different result. So there was no constitutional right to homeschool, no statutory right to homeschool.

Well, they reached the opposite result on the statutory question, and they were influenced by constitutional thinking of a more appropriate nature on parental rights. And so it was a total reversal—and frankly, Mike, it was a total shock to me. Having been kind of the clean-up hitter in the oral argument, I walked out of the courtroom very convinced that we were not going to expect anything great from that court. But I was wrong. And it turns out that I’m a better lawyer, apparently, than I am a prophet. So I’m glad to make my living as a lawyer, not as a prophet!

Mike Smith:
Well, Mike, I must say I’m glad you were surprised, and we’re thankful that you were able to work on that case defending homeschool families in California. Until next time, I’m Mike Smith.


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