Education: Calif. Court of Appeal says homeschooling OK under state law

Posted by: Admin on Saturday, August 09, 2008 – 06:51 AM PST

Parents not required to obtain state credentials to teach their own children

LOS ANGELES — The California Court of Appeal Friday found that the California Education Code allows parents to homeschool their children, reversing its own previous decision on the matter. The decision means that parents do not have to obtain state credentials in order to educate their own children at home.

“Parents have a constitutional right to make educational choices for their children,” said Alliance Defense Fund Senior Counsel Gary McCaleb. “Thousands of California families have educated their children successfully through homeschooling. We’re pleased with the court’s decision, which protects the rights of families and protects an avenue of education that has proven to benefit children time and time again.”

In its decision, the Court of Appeal acknowledged that a state prohibition on homeschooling would intrude on parents’ constitutional right to direct their children’s education. It indicated that any limit on this right would be presumed unconstitutional.

“We are pleased for our client in this case, a father who is now free to establish his right to continue educating his children at home,” McCaleb said.

The decision in In re: Rachel L. issued by the California Court of Appeal is available at www.telladf.org/UserDocs/RachelDecision.pdf. The court reheard the case on June 23.

ADF-allied attorney Gary Kreep of the United States Justice Foundation (www.usjf.net) also represents the father in the case.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.