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California

March 12, 2008

Update—Defending Homeschool Freedom in California

The following is an update on the developing situation in California from Michael Farris, chairman, Home School Legal Defense Association.

State Superintendent Supports Homeschooling

On Tuesday, March 11, Jack O’Connell, California Superintendent of Public Instruction, announced that he believed that homeschooling is still legal in California. O’Connell’s statement is welcome news. Click here to read O’Connell’s statement. Some might conclude that the statement ends the controversy. However, it is not the end of the matter; it is just an important step along the way.

His clarifying statement was probably the result of the massive public outcry against the February 28 decision of the California Court of Appeal which effectively ruled that homeschooling is illegal in California unless conducted by a credentialed teacher and that parents have no constitutional right to homeschool.

O’Connell’s statement is helpful, but the courts will undoubtedly take the position that their determination of the meaning of state law is final even though they should give serious deference to the position of the Superintendent of Public Instruction.

It should also be remembered that local school districts make the decision about when to initiate prosecutions for truancy, and they are not officially controlled by the state agency on these matters. However, many local officials may be influenced by O’Connell’s positive statement.

Did the February 28 Ruling Intend to Affect All Homeschooling Families?

Some have contended that the decision of the Court of Appeal in In Re Rachel L. only affects that particular family. While a court order can only direct one family to stop homeschooling, the case clearly sets a legal precedent that will be binding against all other families if this case is not reversed. (Technically, the decision is binding only in the Second District which consists of Los Angeles, San Luis Obispo, Santa Barbara, and Ventura counties. However, other appellate districts will normally treat it as persuasive precedent. If ratified by the Supreme Court of California, it formally binds all California counties.)

There are two basic issues in the case:

  1. Does state law allow parents to homeschool without a state teaching credential?

  2. If not, is this law unconstitutional?

Below are three short quotations from the case which give the clear answer:

“It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught.”
“California courts have held that under provisions in the Education Code, parents do not have a constitutional right to school their children in their own home.”
“We agree with the Shinn court’s statement that ‘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.’ ”

In the first quote the court makes it clear that it believes that parents may not operate their own private schools. In the second they deny that a parent has a constitutional right to homeschool, and in the third they concur that California law does not accommodate parents pursuing their own education program for their children.

As you can see, the decision is categorical and was not written to be limited to just the facts of this case.

Due to the scope of the court decision, HSLDA is pleased to be working with other self-identified pro-homeschooling organizations, including Christian Home Educators Association of California (CHEA), Homeschool Association of California (HSC), California Homeschool Network (CHN), and Family Protection Ministries (FPM) in order to oppose this ruling. We are all in this one together.

What is HSLDA’s Immediate Plan of Action?

We plan to:

  1. Support the family’s petition for review to the California Supreme Court.

  2. File an amicus brief on behalf of all our members, and others we represent, if the California Supreme Court accepts the case for review.
What Can California Homeschoolers Expect in the Short Run?

We believe that it is highly unlikely that local officials will begin proceedings against homeschool families until this present case is resolved.

This ruling has obviously caused great concern among California homeschoolers. We want to remind all California homeschoolers that you should stay calm in the face of this decision. Please continue to operate your homeschool, because we believe that our interpretation of the law is correct and will ultimately prevail in the court system.

We must remain vigilant, however. If you are a member of HSLDA, and you are contacted by a school district, please contact HSLDA immediately.

Long-Range Solution

On another front, later today I am meeting with a half-dozen congressmen to plan a strategy to push for a constitutional amendment on parental rights. We have been receiving numerous calls from members of Congress wanting to respond to this decision. Visit ParentalRights.org for more information.

Final Thoughts/Conclusion

The way the homeschool law has worked in California for the past two decades has been successful for all homeschoolers. If we can keep what we have today that would be a significant victory for homeschool freedom.

We also understand that the current situation has caused much stress for California homeschool families. We are praying, and we encourage you to pray, that the threat we face will be swiftly removed and that homeschool freedom in California will be preserved.

We have seen God’s hand of protection on the homeschooling movement for the 25 years we have been working together for this cause. There is no reason to begin to doubt God now.

Michael Farris
Chairman, Home School Legal Defense Association

 Other Resources

Join the battle to protect parental rights.

Read the Court of Appeal opinion. (requires Adobe Acrobat Reader)

Find more information on the legal grounds for homeschooling in California. (requires Adobe Acrobat Reader)

Read the Legislative Newsflash from Roy Hanson at Family Protection Ministries.

Visit the media outlet that broke the story regarding the adverse ruling of the Court of Appeal for the Second Appellate District, WorldNetDaily.com.