California: Court Filings Complete

Posted on Jun 30 2008 in General by Anne Miller

From the HSLDA E-lert Service

Dear HSLDA Members and Friends,

On May 19 all the filings of the legal briefs to re-hear the case In re Rachel L. were completed.

The Court of Appeal, which made the fateful decision on February 28, 2008 to declare all homeschooling illegal unless the parent is a certified teacher, will now begin the process of considering the arguments. The current schedule anticipates oral arguments to begin this June.

HSLDA has been at the forefront of the process to defend the right to homeschool in California and across the country. In this case, we were able to successfully help Gary Kreep of the U.S. Justice Foundation, who represents the father at the center of this case, Mr. L., to prepare the arguments to grant the petition for re-hearing. When the Court of Appeal granted the petition for rehearing, the original opinion was vacated and no longer has any legal effect.

Furthermore, in the latest round of filings, we have also been able to provide substantial assistance to the Alliance Defense Fund, which is partnering with the U.S. Justice Foundation in order to make the strongest argument possible to preserve homeschool freedom in California. So much is at stake, and all parties involved have shared their unique perspective to present the best case possible.

HSLDA has also filed a friend-of-the-court brief in conjunction with Focus on the Family and Family Protection Ministries to show the benefits of a home education. These arguments draw on the extensive development of homeschooling and the successful track record of parents educating their children at home.

Also, Governor Arnold Schwarzenegger has filed a brief in conjunction with the Attorney General of California, which supports a parent’s right to homeschool. Their brief begins with this statement: “Recognizing that home-schooling has a long and positive history in California and across the nation, the State of California provides a broad statutory framework that authorizes and regulates the practice.” In other words, the Governor and Attorney General are strongly arguing for no changes to the current law. To read the brief click here.

While we do not know what the court will decide, you can be confident that hundreds of hours were spent by many different organizations to defend your right to homeschool.

We hope and pray for a successful outcome in this case.

Sincerely,

J. Michael Smith
HSLDA President

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