Update on California Case from HSLDA

Discussion in 'Homeschooling Forum' started by PamelaK, Mar 12, 2008.

  1. PamelaK

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    Feb 6, 2005
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    March 11, 2008

    An update to HSLDA Members and Friends on the California Court of
    Appeal Decision on Homeschooling:

    State Superintendent of Public Instruction Jack O'Connell comes to the
    defense of homeschool families. "The California Department of
    Education policy will not change in any way as a result of this
    ruling. Parents still have the right to homeschool in this state," he

    After the Court of Appeal for the Second Appellate District in Los
    Angeles ruled on February 28 that parents had to be credentialed
    teachers to educate their own children the statement from O'Connell is
    encouraging news for the homeschool community.

    "O'Connell has it right," said Michael Farris, Chairman of HSLDA. "But
    the court decision must still be overturned before homeschool freedom
    can be restored in California."

    The Court of Appeal ruling shocked the homeschool community because in
    one sweeping decision it effectively outlawed homeschooling.

    "We hope the statement from O'Connell puts the brakes on any
    enforcement action," said Farris.

    HSLDA will be pursuing several legal options, including seeking review
    by the California Supreme Court and petitioning the same court to
    depublish the opinion in order to return California to being a state
    where a family can legally homeschool in California without fear.

    "We have just started the legal battle to restore homeschool freedom
    in California," said Farris.

    To visit HSLDA's Info page on this court decision, which has the legal
    status, link to the decision, and info on legal grounds for
    homeschooling in California, use this link:

    Ian Slatter
    Director of Media Relations
  2. PamelaK

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    Feb 6, 2005
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    From the HSLDA E-lert Service...

    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

    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.
  3. I Am Blessed 24

    I Am Blessed 24
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    Jan 2, 2003
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    Thanks for the update, Pamela. This is good news! [​IMG]

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