A seemingly blind judgment by a California state court of appeals is attempting to make it illegal for parents in the state of California to homeschool their children if they do not have the appropriate teaching credentials. If this ruling stands it could be a major blow for homeschoolers all over the nation. The reason for this is that California is looked to as the system to follow in matters of education. If this ruling stands in California, surely other states and jurisdictions will attempt to do the same.
California’s own Governor has decried this ruling and has stated that if the courts will not protect the parents right to educate their children, then the Government will! I have never been a big Arnold Schwarzenegger fan, but in this case I say, “Way to go, Arnold!”
I belong to an Organization that helps homeschoolers with legal rights issues that pertain to homeschool matters. The name of the organization is HSLDA. They are heading up an effort to have this ruling depublished. You can partaicipate (whether you are a member or not) by signing the petition that they have setup on their website. CLICK HERE to link directly to the petition. Here’s your chance to stand up an be counted on this issue.
If we let them take away this fundamental right, it is only the beginning. Who knows what they’ll go after next. Please do your part in helping to fight against this lastest legal outrage.
If you want to read the Court Opinion you can CLICK HERE to read the PDF document.
If I understand the ruling, correctly, it states: “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,” said the appellate court, “(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, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) applies to the child.”
The key word above is: unless. And the key phrase is one of the other few statutory exemptions to compulsory public school attendance.
Here is “One of the other few statutory exemptions”:
Qualify as a Private School by filing an annual affidavit with the Superintendent of Public Instruction between October 1 and 15.
Court Documents: http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF
California Education Law: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc&codebody=33190%2C+48220&hits=20
Thank you for your comment.
What is mostly at issue here is the following statement in the ruling made by one of the judges:
‘parents do not have a constitutional right to homeschool their children.’
This statement is in error. The U.S. Supreme Court has recognized that parent have the right to homeschool.
This ruling has now been published and that means that it can be cited as legal authority by all other courts in California. It must be de-published in order to be countermanded.
I have posted an entry about the same issue. It is good to see others who are taking this seriously. So many are not.
You can read my take on this matter here:
http://www.thefullquiverhomeschoolhouse.wordpress.com