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Subject:

6/9/2008 3:46:54 PM
Home School Legal Defense Association
California: Resolution Supports Homeschooling and Parents Rights

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From the HSLDA E-lert Service...
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***** ***** ***** *****
JOINT LEGISLATIVE ACTION ALERT UPDATE - June 4, 2008
From: Roy Hanson's Private and Home Educators of California and Home
School Legal Defense Association
***** ***** ***** *****

Bill: Assembly Concurrent Resolution ACR 115 as Amended
(Supports Homeschooling and denounces Anti-Homeschool Appellate Court
Decision)
Author: State Assembly Member Joel Anderson Position: Strongly
SUPPORT Status: Assigned to Assembly Education Committee.

Summary of Resolution:
ACR 115 supports the right of parents to direct the education and
upbringing of their children. It expresses the Legislature's position
that the Appellate Court's interpretation of the laws as reflected in
its February 2008 decision, under which parents teach their children
at home, was erroneous. And, it calls upon California courts to
acknowledge the right of parents to teach their children at home,
apart from any public school program, and without a teaching
credential. ACR 115 will NOT change any existing laws and it will NOT
create any new law. No change is needed in California law regarding
the teaching of children privately at home. Please see the article
"Use Courts First - Legislation A Last Resort" at www.pheofca.org.

***** ***** ***** *****
Information Included In This E-mail:
A. List of Author and Co-authors of ACR 115
B. Action Items
C. Background
D. The Resolution

***** ***** ***** *****
A. List of Author and Co-authors of ACR 115:
We are very grateful for being able to work with Assembly Member Joel
Anderson as the author of ACR 115. We are also very thankful for the
following legislators who have signed on as coauthors of ACR 115 as of
April 7, 2008: Assembly Members: Adams, Aghazarian, Beall, Benoit,
Berryhill, Blakeslee, Cook, DeVore, Duvall, Emmerson, Fuller, Gaines,
Garcia, Garrick, Horton, Houston, Huff, Jeffries, Keene, La Malfa,
Lieu, Maze, Nakanishi, Niello, Parra, Plescia, S. Runner, Silva,
Smyth, Spitzer, Strickland, Tran, Villines, and Walters; and Senators:
Ashburn, Battin, Cogdill, Cox, Denham, Dutton, Harman, Hollingsworth,
Maldonado, Margett, McClintock, and G. Runner.

B. Action Items:
(1) If your Assembly Member or State Senator has co-authored ACR 115
(see list above), write and thank them.
(2) If they are not on the list above as author or co-author, Write
(do not call) your State Assembly Member and/or your State Senator.
(You can find your Assembly Member's and Senator's Capitol fax
numbers, and address by entering your 9-digit ZIP code in HSLDA's
Legislative Tool Box at http://www.capwiz.com/hslda, or by calling the
office in your county that handles voter registration.)

Ask them to -
"Please support Assembly Member Anderson's ACR 115 by signing on as a
co-author. This Resolution, supportive of home education, calls for
the courts to recognize the right of parents to educate their children
at home privately, apart from any public school program."

Notes:
* Letters and faxes are significantly more effective than emails.
* Reprint or forward this to your friends, church, school, and group.
* Pray for a proper outcome.

***** ***** ***** *****

C. Background:
On February 28th, the Second Appellate District Court in Los Angeles
issued a ruling in the In re Rachael L. case concerning a
homeschooling family from Southern California that effectively and
outrageously claimed that home schooling in California is illegal
unless (1) the parent is credentialed to teach by the state, and (2)
teaches under the Education Code's tutorial exemption. Almost all
homeschoolers who have a teacher's credential do not opt for the
tutorial exemption but operate under the private school exemption.
On March 25th, the Second Appellate Court vacated its February 28th
ruling and granted a rehearing where the court desires to address two
broad legal issues: "(1) whether there is a constitutional right to
home-school; and (2) whether California law provides for instruction
at home by non-credentialed parents." ACR 115 was amended on March
24, March 28, and April 7 to add co-authors and minor wording changes
to make it consistent with the change of status of this case before
the Appellate Court.

The court invited interested parties to file amicus briefs, and is
scheduled to hear oral arguments on June 23rd. HSLDA and each of the
statewide private home school leadership organizations, as well as the
parties in the case, and other interested parties have filed amicus
briefs. Private and Home Educators of California (a part of Family
Protection Ministries) is being represented by HSLDA in the amicus
brief that they have filed. CHEA, CHN, and HSC have filed an amicus
brief. Our Governor and the California Attorney General have filed a
brief that is very supportive of private home education.
Nothing has changed in California regarding your homeschool. HSLDA
maintains that the advice they have given home school families for
some twenty-five years is still accurate and that filing a private
school affidavit, or enrolling in a private school independent study
program (I.S.P) are valid options under the law in California.

As we have said previously, homeschoolers should not panic but
continue to home school as in the past. The leaders of the statewide
homeschool groups and HSLDA continue to coordinate with each other on
a regular basis. Continue praying for a positive outcome in the
courts.

The Resolution:

Assembly Concurrent Resolution

ACR 115 (Anderson) - as amended April 7, 2008

WHEREAS, Some 30 years of experience with the modern home schooling
movement in California demonstrates that home-school graduates occupy
responsible positions as parents, as students in and graduates of
colleges and universities, in the workplace, and as citizens in
society; and

WHEREAS, Home schooling by California families with diverse
backgrounds has historically given children a quality education
through proven, independent approaches that nurture valuable family
bonds and support successful pupil development; and

WHEREAS, Private home schooling has a long and rich history in the
State of California, and is currently estimated as involving 200,000
pupils in the state and 2,000,000 pupils nationwide; and

WHEREAS, The United States Supreme Court has ruled that parents have a
fundamental constitutional right to direct the education and
upbringing of their children (Wisconsin v. Yoder (1972) 406 U.S. 205,
Pierce v. Society of Sisters (1925) 268 U.S. 510, and Meyer v.
Nebraska (1923) 262 U.S. 390); and

WHEREAS, On February 28, 2008, the California Court of Appeal for the
Second Appellate District in Los Angeles issued an opinion in the case
of In re Rachel L., 2008 Cal.App. Lexis 292 (Cal.App.2d Dist. Feb. 28,
2008) holding that home schooling without a teaching credential is not
legal; and

WHEREAS, This erroneous interpretation denies California parents their
primary responsibility and right to determine the best place and
manner of their own children's education; and

WHEREAS, The fair opportunity of California families to educate their
children should not be undermined; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature hereby denounces the
foregoing opinion as being overly broad and poorly reasoned, and calls
upon California courts to acknowledge the right of parents to teach
their children at home, apart from any public school program, and
without a teaching credential; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this
resolution to the author for appropriate distribution.

***** ***** ***** *****
Roy Hanson's HELP Tree Private and Home Educators of California
P.O. Box 730 Lincoln, CA 95648-0730 Fax: (916) 415-9470
contact@pheofca.org
***** ***** ***** *****

The purpose of this communication is to present information and
express our position on the issue(s) addressed. We encourage you to
research this for yourself and come to your own conclusions.
Regardless of your position, we strongly urge you to exercise your
constitutional right to express your position to your elected
representatives. We have included an example of how we have expressed
our position.

***** ***** ***** *****
DISCLAIMER: This is considered a private and confidential message to
HELP Tree Members only. We are not responsible for the accuracy of
copies printed, forwarded, or sent by any party other than directly
from Private and Home Educators of California.
***** ***** ***** *****



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-> How many news articles did you read this morning over your
oatmeal?

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right time can make a big difference in the outcome of important
legislative efforts. Yet it's tough to keep up with all the
issues that affect you. HSLDA does this for you in the areas that
affect your homeschool. Our emails and website enable you to
take quick, decisive action. Please consider becoming a part of
this team.

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