The Home School Legal Defense Association (HSLDA) has responded to the recent court ruling in California which undermines the current approaches parents take to homeschool their children. The full text of the HSLDA response is below.
The HSLDA has organized a petition drive to "request that the Supreme Court of California depublish the Court of Appeal opinion in In re Rachel L., handed down on February 28, 2008." As of right now there are 93,562 online signatures.
I am sure it doesn't hurt to sign an online petition, but it would be much more effective to contact various California politicians, especially if you live in California.
Governor Arnold Schwarzeneger has announced his outrage at the ruling and vows to fight it. The San Francisco Chronicle reports the governor as saying:
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"Parents should not be penalized for acting in the best interests of their children's education," Schwarzenegger said. "This outrageous ruling must be overturned by the courts, and if the courts don't protect parents' rights then, as elected officials, we will."
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You can contact the Governor's office via phone, fax, letters or email. Even better, you can do all four. Do one a day. Thousands of people contacting the governor directly to show their support will galvanize him. He'll know this is an issue that he should fight, an issue that people care about.
You can also contact the California State Legislators. You can contact those in the State Senate and those in the State Assembly.
Explain to the governor and the state legislators that you want them to work to make sure homeschooling is legal in California.
Then encourage your friends to also voice their concerns.
Many friends swung through my office today to talk about Janine being on the front page of our local paper. I was pleasant surprised that all of them thought the judge's ruling was over the top. I am sure many of your friends would be willing to take a minute to support your right to homeschool.
If you live in California, figure out who your local senator and assemblyman are. Put together an email with the contact information for the governor and your legislators. Send it to your friends and family. I am sure many of them will take the few seconds needed.
If you don't live in California, contact your friends who do live in California and ask them to help.
I am confident that this ruling will eventually be overturned. There have been too many United States Supreme court rulings supporting the right of parents to homeschool their children. Too many people recognize that public schools are broken. Too many people still believe in freedom.
It may take some effort, but this fight we will win.
The HSLDA's reponse:
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On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.
This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.
There are two appellate options at this time.
First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.
HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.
The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.
HSLDA will take the lead in an effort to seek to have this case depublished.
Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family's beliefs.
The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.
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