Thursday, March 27, 2008

Court of Appeals Grants Petition for Re-hearing on California Homeschool Case

Here is some good news from the HSLDA.

On March 25, the California Court of Appeal granted a motion for
rehearing in the 'In re Rachel L.' case--the controversial decision
which purported to ban all homeschooling in that state unless the
parents held a teaching license qualifying them to teach in public
schools.

The automatic effect of granting this motion is that the prior opinion
is vacated and is no longer binding on any one, including the parties
in the case.


The Court of Appeal has solicited a number of public school
establishment organizations to submit amicus briefs including the
California Superintendent of Public Instruction, California Department
of Education, the Los Angeles Unified School District, and three
California teacher unions. The court also granted permission to
Sunland Christian School to file an amicus brief. The order also
indicates that it will consider amicus applications from other groups.

Home School Legal Defense Association will seek permission to file
such an amicus brief and will coordinate efforts with a number of
organizations interesting in filing briefs to support the right of
parents to homeschool their children in California.


"This is a great first step," said Michael Farris, chairman of HSLDA.
"We are very glad that this case will be reheard and that this opinion
has been vacated, but there is no guarantee as to what the ultimate
outcome will be. This case remains our top priority," he added.

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