Court Asked to Reconsider Homeschool Ruling

By Lawrence D. Jones, Christian Post Reporter Sunday, March 16, 2008

A conservative legal group is asking the California court to reconsider its recent decision that made most homeschooling a crime in the state.

An attorney allied with the Alliance Defense Fund, a Christian legal group, filed the petition for a rehearing with the California Court of Appeal Friday, saying that parents have a right to make educational choices for their children.

The Second District Court of Appeals in Los Angeles had ruled on Feb. 28 that parents must have a teaching credential to homeschool their children. Otherwise, children ages 6 to 18 must attend public or private school full-time until graduation from high school.

In the written opinion, Justice H. Walter Croskey said that parents do not have a constitutional right to homeschool their children.

"This ruling impacts all Californians. That's one reason why we are asking the court to take a second look at this case. Its scope warrants another review in light of its sweeping nature," said ADF Senior Counsel Gary McCaleb.

The case didn't start out as a legal battle to test the validity of homeschooling. The ruling stemmed from a child abuse case involving two children who were homeschooled by their parents Phillip and Mary Long, parents of eight children. One child had reported "physical and emotional mistreatment by the children's father."

The two children were enrolled at an independent study program at Sunland Christian School, which has about 400 homeschooled kids. Mary Long was their teacher but she held no teaching credentials.

Homeschooling advocates and families have responded harshly to the ruling and many fear the ruling was essentially a ban on homeschooling in the state. More than 160,000 homeschooling families stand to be affected, according to the Pacific Justice Institute, which represents Sunland Christian School.

"A second look at this case will help ensure that the fundamental rights of parents are fully protected," said ADF-allied attorney Gary Kreep of the United States Justice Foundation.

The ruling has been denounced by Focus on the Family's founder and chairman Dr. James Dobson and Governor Arnold Schwarzenegger, who called it "outrageous" and one that "must be overturned at all costs."

State Superintendent of Public Instruction Jack O'Connell assured parents earlier this week that despite the ruling they still have the right to homeschool their children.

Currently, the California Department of Education allows homeschooling as long as parents file paperwork with the state establishing themselves as small private schools, hire credentialed tutors or enroll their children in independent study programs run by charter or private schools or public school districts.

"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," O'Connell said Tuesday.

Supporters of homeschooling are seeking clarification on the vague California law and whether the ruling would extend past the Long family.

On Monday, Assemblyman Joel Anderson, a Republican from El Cajon who homeschooled his daughter, introduced a resolution asking the Supreme Court to overturn the appellate court's ruling.

The resolution, drafted in consultation with Private and Home Educators of California and the Virginia-based Home School Legal Defense Association, says the ruling is based on a "misguided interpretation" of the state education code.

As of Saturday, more than 240,000 people signed a petition with the HSLDA, asking the state Supreme Court to apply the ruling to the family involved – not to all Californians.

"This ruling has obviously caused great concern among California homeschoolers," Michael Farris, chairman of the HSLDA, wrote in an e-mail alert.

"We want to remind all California homeschoolers that you should stay calm in the face of this decision," he said. "Please continue to operate your homeschool, because we believe that our interpretation of the law is correct and will ultimately prevail in the court system."