I found this update and a very happy ending for home educators today...
Home schooling constitutional in CA
Jody Brown and Jim Brown -
OneNewsNow - 8/8/2008 2:10:00 PM
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Home schoolers in
California and their supporters are celebrating a legal decision in which the
court handing down the ruling actually reversed itself.
today (Friday) the California Court of Appeal ruled that the state's education
code allows parents to home school their children. That decision means parents
do not have to obtain state credentials in order to home school. The court
acknowledged that a state prohibition on home schooling would intrude on
parents' constitutional right to direct their children's education, and that
that any limit on that right would be presumed unconstitutional. Gary
McCaleb, senior counsel with the Alliance
Defense Fund, is pleased that the court
decided parents have a constitutional right to make educational choices for
their children. "Thousands of California families have educated their
children through home schooling," he states. "[This decision] protects the
rights of families and protects an avenue of education that has proven to
benefit children time and time again."
In early March a three-judge
panel of the California Court of Appeal determined that parents in the Golden
State had no legal right to home school --
a ruling that one Christian attorney said would leave thousands of students
subject to criminal sanctions unless reversed.
chairman of the Home School
Legal Defense Association (HSLDA), says
today's ruling was unexpected. "We're very thrilled, not just a little bit,
[and] we're surprised as well," he remarks. "To get a court to do a
180-degree reversal is a remarkable thing and we view it as a blessing from
God. We're really thankful for it, and there's hundreds of thousands of
home-school kids in California who are now able to breathe a sigh of
Farris says groups like the Alliance Defense Fund, Liberty Counsel,
HSLDA, and Focus on the Family teamed up and were armed with new information
that compelled the court to uphold parents' constitutional right to educate
their children at home.