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Court Case Update -- March 26, 2008 California Homeschool Organizations Unite to Defend Homeschool Rights in Wake of Court Decision
Sacramento, California, March 26, 2008 – After a court decision attacking homeschooling in California, homeschooling parents wonder whether they must enroll their kids in traditional campus schools or if they can continue to teach at home. California’s homeschool organizations have been flooded with calls and homeschool families have been featured in news stories nationwide. The media attention resulted from a decision filed February 28th by the 2nd District California Court of Appeal which stated that "parents do not have a constitutional right to home school their children." Joint Statement by California Homeschool Organizations The following organizations, California Homeschool Network, Christian Home Educators Association of California, Private and Home Educators of California and HomeSchool Association of California, represent the major California-based organizations working on a statewide basis to support private homeschooling. They, together with the Home School Legal Defense Association, which also works in California to support private homeschooling and which has members in California, jointly issue the following statement:
For further information, please contact the organizations issuing the joint statement as follows: California Homeschool Network Christian Home Educators Association of California Private and Home Educators of California HomeSchool Association of California Home School Legal Defense Association
March 11, 2008 - SCHOOLS CHIEF JACK O'CONNELL ISSUES STATEMENT REGARDING HOME SCHOOLING IN CALIFORNIA
SACRAMENTO - State Superintendent of Public Instruction Jack O'Connell announced today that the California Department of Education has completed a legal review of the February 28 California Court of Appeal ruling regarding home schooling. O'Connell issued the following statement:
"I have reviewed this case, and I want to assure parents that chose to home school that California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to home school in our state. Governor Arnold Schwarzenegger today issued the following statement regarding the recent Second District Court of Appeals ruling on home schooling: "Every California child deserves a quality education and parents should have the right to decide what’s best for their children. Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will.”
March 2, 2008 - LEGISLATIVE NEWSFLASHFrom: Roy Hanson’s Private and Home Educators of California
CHEA is sending you the following newsflash from Roy Hanson, who serves as our legislative consultant. ***** ***** ***** ***** As you probably know, on Thursday, February 28th, The Second Appellate District in Los Angeles County ruled that a homeschooling family from Southern California (not a member of HSLDA) did not have a right to “homeschool” under the California Constitution unless the parent is a credentialed tutor. ***** ***** ***** ***** Current Situation Nothing has changed in California regarding your homeschool. HSLDA maintains that the advice they have given home school families for some twenty-five years is still accurate and that filing a private school affidavit, or enrolling in a private school independent study program (I.S.P) are valid options under the law in California. In summary, homeschoolers should not panic but continue to home school as in the past. The leaders of the statewide homeschool groups and HSLDA are coordinating with each other on this issue on a regular basis. Pray for a positive outcome. The attorneys at HSLDA are working very hard during this time to prepare for additional legal action to reverse this decision. Seeking legislation at this time is unnecessary and likely dangerous. ***** ***** ***** ***** Governor’s office press release Friday, March 7, 2008 Gov. Schwarzenegger Issues Statement Regarding Court of Appeals Home Schooling Ruling Governor Arnold Schwarzenegger today issued the following statement regarding the recent Second District Court of Appeals ruling on home schooling: "Every California child deserves a quality education and parents should have the right to decide what’s best for their children. Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will.” ***** ***** ***** ***** Background This ruling resulted from a Juvenile Court case on allegations of abuse or neglect, which originally had nothing to do with homeschooling. When the Juvenile Court judge would not prohibit the parents from home schooling their children, the court-appointed attorneys for the children went to the California Court of Appeals. The Appellate Court went further than they needed to, and essentially ruled that State law does not provide any options that allow parents to teach their own children at home. Future court action on this Appellate Court ruling cannot occur until after March 29th. This ruling is a very serious matter but not a cause for panic. There are legal options still open to pursue in the Courts. HSLDA is working to overturn this decision in the courts. In other words, this Appellate Court ruling is not the final say. It is important to realize that no laws have changed that affect private schools whether in one’s home or on a campus. California is still one of twelve states where homeschoolers can operate legally under the private school provision. See our Legal Fact Sheet . The Court does not have the power to change the law but only to interpret it, and this court has made critical errors in their interpretation of private school laws as they apply to private home education. No court has the authority to universally order every homeschooler into a public or private campus school. Under due process the court can only issue orders directed to the parties before the court. Any attempts of enforcement would have to be one family at a time. As in the past, a family could be charged with truancy and then go to a SARB hearing even before any court hearing. This should not be a dread for anyone who is a member of HSLDA. If you are not a member of HSLDA you should join now! If a public official comes to your door and tells you that home schooling is illegal and that you must put your kids in a public school or a private campus school, do not let them in your house, call HSLDA if you are a member, and let the HSLDA attorney talk to the person at the door. HSLDA attorneys are available to their members 24 hours a day seven days a week. ***** ***** ***** ***** What can homeschoolers do right now to help? (1) This court's ruling could provoke well-meaning individuals to seek a legislative remedy. Legislation at this time would be detrimental to our current freedom to home school privately in California. If you become aware through first hand knowledge of any such attempt to have a legislator introduce legislation addressing or dealing with home schooling, please contact us at contact@pheofca.org immediately! (2) Please encourage your home schooling friends to join HSLDA now (www.hslda.org) for two reasons! (a) Membership in and contributions to HSLDA will help provide the financial resources needed to carry on this complex and lengthy court process for judicial relief from this current ruling. This will benefit all homeschoolers. (b) HSLDA membership will protect your family should you be contacted as a result of this Appellate Court ruling. This will also give you the piece of mind that, whenever you might need it, you have immediate support from the only experienced highly successful team of attorneys specialized in defending private home schoolers in California and our Nation. (3) In all situations, it is the Lord Jesus Christ Who is our refuge, provider, and protector (Psalm 50:10-15). He is sovereign over all. Our Lord reigns! We are asking that you pray daily and also consider some kind of periodic fasting during this protracted battle that is shaping up. Pray for: * those in authority, especially the judges involved in this case, * the Long family involved in this case, every fellow private homeschooling family * HSLDA as they prepare to not only handle this situation but as they respond to all future legal contacts, * for us here at Family Protection Ministries that God would sustain us and that we will be able to intercept every legislative proposal that could further erode our freedoms, * CHEA and every other home school organization in California, and * all other individuals and groups supporting this effort to defend home education. (4) Continue on with a peaceful heart in your homeschooling and family life. ***** ***** ***** ***** Permission is given to reprint this document or distribute it by email in its entirety without alteration. You are encouraged to link to this document on our website www.pheofca.org ***** ***** ***** ***** Roy Hanson's HELP Tree Private and Home Educators of California P.O. Box 730 Lincoln, CA 95648-0730 Fax: (916) 415-9470 contact@pheofca.org ***** ***** ***** ***** The purpose of this communication is to present information and express our position on the issues addressed. We encourage you to research this for yourself and come to your own conclusions. Regardless of your position, we strongly urge you to exercise your constitutional right to express your position to your elected representatives. We have included an example of how we have expressed our position. ***** ***** ***** ***** DISCLAIMER: We are not responsible for the accuracy of copies printed, forwarded, or sent by any party other than directly from Private and Home Educators of California. ***** ***** ***** *****
February 28, 2007 - Court Case May Have Negative Impact on California Homeschoolers On February 28, 2008, the California Court of Appeal certified a decision in the case of In Re: Rachel L. which could have negative implications for homeschooling in California. We at CHEA are aware of the case and the decision and have been in communication with Michael Smith of HSLDA and Roy Hanson and Jim Davis of Family Protection Ministries, as well as with two other major homeschool organizations in California: CHN and HSC. While we are all concerned about the decision in this case, it is important to take the time necessary to carefully consider the decision, its potential effects, and the responses and solutions that will be most effective.
HSLDA has posted information about the case on their website at www.hslda.org. They will continue to update their site.
At this point, it is important to understand that nothing has changed which affects your rights to homeschool your children in California. There is no need to panic or make changes to your homeschool program. This is also not the time to contact legislators or push for new laws.
We ask you to join us in prayer for the family involved, and for the homeschool community as a whole. We will keep you updated on this situation.
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