Home School Legal Defense Association
Follow Up—Bad Decision by Second Appellate District of California
As many of you know, the Second Appellate District Court of Los Angeles handed down a very bad decision regarding a case involving a homeschool family.
Home School Legal Defense Association was not involved with this case, and the family are not members, which is why we only heard about this case when the opinion was released on February 28, 2008.
Since legal cases have many facets, and we are starting from scratch, it takes time to investigate and fully absorb all the facts which led up to a particular decision. We are in the middle of that process, but because of the interest in this case we want to give you as much information as we can regarding the implications for California.
The opinion holds that homeschooling is not a legal option in California. HSLDA strongly disputes this interpretation of California law. We believe that the court made a mistake when it relied on two decisions reached in the 1950s in order to show that homeschooling is not a legal option.
If the opinion is followed, then California will have the most regressive law in the nation and homeschooling will be effectively banned, because the only legal way to homeschool will be for the parent to hold a teaching certificate. Parents should not have to attend a four-year college education program just to teach their own children.
California is now on the path to being the only state to deny the vast majority of homeschooling parents their fundamental right to teach their own children at home.
HSLDA stands ready to provide assistance in appealing this decision in order to show the court that it made a mistake. It should have ruled that homeschooling is a fundamental right and that parents have a legal option to homeschool in California.
http://www.hslda.org/hs/state/ca/200803030.asp
Information on legal grounds for homechooling in California.
http://www.hslda.org/laws/analysis/California.pdf