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If you are a regular reader here, than you know that I have been following the court case regarding home education freedom in California very closely. We are still awaiting a ruling in this case, but I thought it might be nice to post an entry showing a more personal side to this legal battle, some comments from the Homeschool Association of California.

The source for this article can be found here:

http://www.hsc.org/

The story continues below:

Rehearing in homeschooling case

On Monday, June 23, the Court of Appeal in Los Angeles held oral arguments for the rehearing in the In re Rachel L homeschooling/abuse case in California. I flew down for it along with HSC’s lawyers from Wilson, Sonsini, Goodrich & Rosati. Elizabeth Bryant, HSC’s legal co-chair, did all the driving in crazy LA traffic, and Leslie Buchanan, HSC’s president, came to listen. Karen Taylor of CHN was there, as was CHN’s counsel (who’s really an HSC legal volunteer, Jerry Salcido). CHEA’s representative couldn’t come, but their counsel was there. HSLDA came as did the man who worked with me on the brief about the history and efficacy of homeschooling that was filed on behalf of several schools, advocacy groups and businesses such as AtoZHomescool and Diane Flynn Keith. There was a reporter there from the LA Times, but very few people who looked like regular members of the public (security was VERY tight). The court did not permit any TV cameras to show up.

The arguments were long (two and a half hours in a hot courtroom) and thorough. The judges asked lots of questions, with some consistent themes. As soon as you thought you had one judge pegged as to how he or she was thinking, he or she would ask another question that made you wonder about your prior conclusion. They were reasonably generous about letting people finish their presentations or points even if they ran over a little on time.

Some of the attorneys presenting made wonderful arguments that we loved. Others were potentially damaging. Most of the folks on our side did a really good job. One woman from Munger Tolles, who represented CHEA in our joint brief, made a presentation on behalf of all three groups and did very well.

It is absolutely impossible to predict how the court will rule on this — whether it will be narrow, sweeping, or something entirely different, and we don’t want to feed any rumor mill. It’s just too hard to read those tea leaves, although I am sure some people will try.

They have 90 days to do something, which means we should expect a ruling by late September. All three of the big groups will, of course, coordinate to make sure we give consistent advice about how to homeschool come fall, and will work together after the ruling comes out should any change in advice be necessary. If the ruling goes against us, our pro bono firms have assured us that they’re in it for the long haul and will be with us every step of the way.

As before, we encourage everyone to keep on doing what they’ve been doing, to keep showing the world a positive image of homeschooling, to educate their friends and neighbors about homeschooling, and to stay informed.

If you have any questions, please don’t hesitate to write me.

Debbie Schwarzer HSC Legal Co-Chair

This is a companion post to my continuing series regarding this matter. You can read the previous entries by following the links supplied below:

https://thefullquiverhomeschoolhouse.wordpress.com/2008/06/24/california-home-education-and-parental-rights-part-9/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/05/21/california-home-education-and-parental-rights-part-8/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/27/california-home-education-and-parental-rights-part-7/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/14/california-home-education-and-parental-rights-part-6/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/12/california-home-education-and-parental-rights-part-5/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/11/california-home-education-and-parental-rights-part-4/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/10/california-home-education-and-parental-rights-part-3/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/07/california-home-education-and-parental-rights-part-2/

https://thefullquiverhomeschoolhouse.wordpress.com/2008/03/07/defend-your-parental-rights/

 

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The landmark case to decide whether home education in California is legal or illegal, has taken another turn. Oral arguments have been heard, and we are waiting on a ruling to determine whether parental rights will be upheld, or be threatened. This case has the potential to set a nation-wide precedent for homeschooling freedoms. The possible aftershocks that could result if home education is, in effect, ruled illegal, are widespread, so we must follow this closely.

I urge you not to take the  “I’m glad that it is THERE, and not HERE” attitude. Do not allow yourself to slip into complacency merely because this is not as much “big” news, as it was back in March. Know this. Whichever way the ruling goes will have an impact upon the homeschooling community at large, and we must remain watchful that it does not damage the rights we now have, that were won at a large cost to many families. You can read more below.

The source for this article can be found at the following location:

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=67859

The update follows below:

 Homeschool advocates fight for parental rights
Oral arguments heard to decide fate of California educational choice

Posted: June 23, 2008
10:12 pm Eastern

© 2008 WorldNetDaily

Oral arguments were heard today in the 2nd District Court of Appeal in Los Angeles, with the fate of homeschooling in California at stake.

As WND reported earlier, the court’s decision four months ago to compel two homeschooled children to attend a public or qualifying private school effectively stated that parents held neither a statutory right nor a constitutional right to provide homeschooling for their own children.

After much public and political outcry, the appeal court agreed to revisit its prior ruling.

Michael Farris, chairman and co-founder of the Homeschooling Legal Defense Association, was one of many attorneys from several organizations urging the court to reconsider, and he presented the day’s final argument.

“Anybody that claims they know which way the court will decide would be wrong,” Farris told WND.

“The judges asked very hard, pointed questions,” he said. “There was no indication that they thought their prior ruling was wrong.”

Specifically, Farris said, the judges asked why they should permit homeschooling when California changed the law to withdraw it from the statutes in the early 1900s.

Attorneys advocating homeschooling argued that when California in 1967 added the singular word “person” to the list of those that can operate a legitimate private school, it opened the door for homeschooling. “If a person can provide education, if one person can operate a school,” argued the attorneys, “then why not a parent?”

“Their questions were about the 1910s; our answer was from the 1960s,” Farris told WND.

Furthermore, said Farris, “I argued that the California constitution requires the state to encourage all education. It’s the court’s duty, rather than banning education, to encourage it.”

He also urged the judges to take into account the thousands of people who have implied from the 1967 law that homeschooling is permissible “and not willy-nilly overturn that practice.”

An estimated 166,000 children are being homeschooled in California, and their parents and advocates have expressed concern that the court’s original ruling would leave parents who educate their children at home open to criminal truancy charges and civil charges for child neglect.

Some grounds for that concern may come from the appeal court’s first ruling, where it said the trial court had found that “keeping the children at home deprived them of situations where (1) they could interact with people outside the family, (2) there are people who could provide help if something is amiss in the children’s lives, and (3) they could develop emotionally in a broader world than the parents’ ‘cloistered’ setting.”

Brad Dacus, president of Pacific Justice Institute, a parental rights advocacy organization involved in the case, told WND earlier, “We are looking forward to this opportunity to defend the thousands of families who are making sacrifices to teach their children at home. The state should be applauding, not threatening, these families,” he said.

Though he expressed concern over which way the judges would decide, Farris told WND, “We hope that the court reverses its decision and restores homeschool freedom to California.”

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