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California

March 26, 2008

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.