Calif. Appeals Court Will Reconsider Homeschool Ruling
The California appeals court has agreed to reconsider the controversial ruling it made last month that criminalized most homeschooling in the state and sparked an uproar from homeschooling advocates nationwide.
The three-judge panel announced Tuesday its intention to re-hear the case, which means the Feb. 28 decision – requiring parents to have a teaching credential in order to homeschool their children – will be vacated and not go into effect as it is written.
The court is asking several parties, including the California Department of Education, the Los Angeles Unified School District and three teachers unions, to submit friend-of-the-court briefs to the court by late April.
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Tuesday's announcement raised the hopes of many homeschooling advocates that a second look at the case will uphold the rights of parents to homeschool their children.
"Wow!" said Diane Flynn Keith of Redwood City, who edits Homefires, an online home-schooling journal, according to the San Jose Mercury News. "I think the judge recognized that he hadn't done his homework."
Home School Legal Defense Association said it will also seek permission to file such an amicus brief and will coordinate efforts with other groups looking to weigh in.
"This is a great first step," said Michael Farris, chairman of HSLDA, in a statement.
"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," he said, adding that the case remains in their top priority.
The case involved a Southern California couple, Phillip and Mary Long of Lynwood, who home-schooled their eight children through the Sunland Christian School in Sylmar. One of the children had reported physical and emotional abuse by the father, leading to an investigation by the Los Angeles County Department of Children and Family Services and eventually to the court case.
The appeals court also granted permission to Sunland Christian School to file an amicus brief.
Brad Dacus, president of Pacific Justice Institute, which represents the Sunland Christian School, was pleased with the court's decision to re-hear the case.
"We are hopeful that the fundamental rights of these parents, our clients Sunland Christian School, and the tens of thousands of homeschooling families in California will be honored," he stated Tuesday.
"Homeschooling parents should be treated as heroes – not hunted down or harassed by their own government," he said.
Justice H. Walter Croskey wrote in the opinion for last month's ruling that "parents do not have a constitutional right to home school their children."
The ruling was denounced by Focus on the Family's founder and chairman Dr. James Dobson and California Governor Arnold Schwarzenegger, who called it "outrageous" and one that "must be overturned at all costs."
More than 160,000 homeschooling families would have been affected by the Feb. 28 ruling, according to the Pacific Justice Institute.
A re-hearing on the case will take place in June, according to the San Francisco Chronicle.
The request to re-hear the homeschooling case was filed by an attorney allied with the Alliance Defense Fund, a Christian legal group.
"Another look at this case will help ensure that the fundamental rights of parents are fully protected," ADF-allied attorney Gary Kreep of the United States Justice Foundation had previously stated.
