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California Homeschool
Legal Challenge

Is Homeschooling Still Legal in California?

Homefires Legal News

Here are the latest news stories provided by sources other than Homefires to help you stay up-to-date on this important case that challenges the legality of homeschooling in California.

Tough Lesson Late last month, a California court ruled that California parents do not necessarily have a constitutional right to homeschool their children, even when the parents say they homeschool for religious reasons. The uproar is understandable. California courts are rightly known for being political, liberal and result-oriented. It is impossible to read the court's decision without suspecting that it reflects a liberal anti-homeschooling political agenda. by Tara Ross and Joseph C. Smith Jr.
March 28, 2008
Babysitter with an axe: California court bans homeschooling One more reason to move to New Zealand: A California appeals court ruled two weeks ago that parents without teaching credentials cannot home school. One hundred sixty-six thousand home schooled children and their parents now face contempt of court charges, jail and fines. Lovers of freedom should rage at these words. They assume that the state, rather than parents and students, should control education. by Joy Pavelski
March 28, 2008
Court to reconsider home-school ruling The 2nd District Court of Appeal in Los Angeles granted a rehearing Tuesday, essentially voiding the 3-0 decision until it rules again. "Wow!" said Diane Flynn Keith of Redwood City, who edits Homefires, an online home-schooling journal. "I think the judge recognized that he hadn't done his homework." by Dana Hull
March 27, 2008
Homeschool Ruling Vacated; Court Will Reconsider Pacific Justice Institute has just received word that the court ruling which declared most forms of homeschooling unlawful in California has been vacated. This means the Rachel L. decision, which has sparked a nationwide uproar, will not go into effect as it is currently written. The Second District Court of Appeal has instead decided to re-hear the case, with a new round of briefings due in late April.
March 26, 2008
California homeschooling being given 2nd chance A California court order that essentially banned homeschooling in the state has been vacated and the judges who issued the ruling will hear further arguments on the status of parents who want to teach their own children. The petition actually was submitted by Gary Kreep of the United States Justice Foundation to the 2nd Appellate District Division on behalf of the Longs. by Bob Unruh
March 26, 2008
Homeschool uproar: Child-abuse concerns involved The practice of corporal punishment and the unknown extent of child abuse are behind some of the recent furor over a homeschooling court ruling. Many parents who are homeschoolers also claim the right to discipline children by physical punishment, known perhaps figuratively these days as "the rod." "Child-protective services officials say homeschooling isn't right," Thomasson said. "They are mostly concerned with spanking." by Roger Phelps
March 26, 2008
Appeals Court to Rehear Home-Schooling Ruling The California Court of Appeal has granted a petition to rehear a ruling issued February 28 that parents who home-school their children could be criminally liable under California law. The Alliance Defense Fund requested the appellate court reconsider the case of a parent whose child was enrolled in Sunland Christian School, a private homeschooling program. by C. Johnson
March 26, 2008
Appeals court will reconsider homeschooling ruling A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide. It is not unusual for appeals courts to reconsider decisions, and the result is often a minor revision that leaves the original conclusion unchanged. But the three-judge panel in the homeschooling case hinted at a re-evaluation of its entire Feb. 28 ruling by inviting written arguments from state and local education officials and teachers' unions. by Bob Egelko
March 26, 2008
Home ed growing, facing challenge Court ruling threatens some parents' alternative approach to schooling. According to the home-schooling clearinghouse Web site Homefires.com, California has an estimated 175,000 home-educated children with a projected annual increase of up to 20 percent. Nationwide, more than 1 million children were homeschooled in the spring of 2003 - a 29 percent jump from the 850,000 for the same period in 1999, according to the National Center for Education Statistics. by Neil Gonzales
March 23, 2008
Was the California homeschool ruling ridiculous, or justified? Judge Closkey you are making the wrong people mad. These parents have powers you couldn't even fathom. Most average humans can't teach their kids to operate a zipper, and these people are preparing their kids for college. The average parent falls to pieces at the end of a long weekend with the kids, yet these homeschooling super-beings have the intestinal fortitude to spend all day, every day with their children. And don't get me started on those homeschooled kids.

They will make the biggest marshmallow catapult you could imagine, and launch it right at your office. They will construct a Rube Goldberg device that can boil noodles, overturn your court decision, and give you an unflattering haircut before you even know what hit you.
by Alice Bradley
March 15, 2008
Legal group asks court to reconsider ban on home-schooling A legal group that works to protect religious freedom is asking a court to reconsider a decision that made most home-schooling a crime in California. The Alliance Defense Fund filed the motion on Friday, saying parents have the right to make educational choices for their children. State officials have tried to assure parents that they see no reason to change current policies.
March 15, 2008
Letter: Home school ruling off base The recent ruling in Los Angeles regarding the legality of home schooling should be a great concern to anyone who values the personal freedoms being a citizen of this great nation has always held. This is not just about home schools; it calls into question the rights of parents to make choices for their children, and it prepares the way for our religious liberties to be challenged as well. by Jodi George
March 15, 2008
Families await home-school court decision The dining room at the Alkire residence in Joshua Tree is a busy place. On school days the dinner table does double duty as classroom desks for Andrew, 10, and Anna, who just turned 6. The brother and sister are home schooled by Jeff Alkire, a stay-at-home dad and teacher of the family school, Grace Academy. Mother Kathy, a nurse at Hi-Desert Medical Center, completes the family unit. by Jimmy Biggerstaff
March 15, 2008
Denham co-author of homeschooling legislation State Sen. Jeff Denham, who represents San Benito County, signed on Thursday as a co-author to the Assembly Concurrent Resolution 115, according to a press release. The ACR 115 recognizes the institution of homeschooling in California. The resolution is requesting that the California Supreme Court reverse the opinion of the California Court of Appeal for the second Appellate District in Los Angeles. by Kristen Tolleson
March 14, 2008
Petition seeks rehearing in homeschooling case A California appeals court that issued a ruling banning homeschooling in the state failed to recognize existing state law, according to a lawyer who filed court documents today. The petition for rehearing before the state's 2nd Appellate District Division Three court in the case involving the family of Phillip and Mary Long was filed by Gary Kreep, of the United States Justice Foundation. by Bob Unruh
March 14, 2008
California state superintendent endorses right to homeschool The California state Superintendent of Public Instruction, Jack O'Connell, has insisted that parents still have the right to homeschool. "We hope the statement from O'Connell puts the brakes on any enforcement action," he continued. "We have just started the legal battle to restore homeschool freedom in California."
March 14, 2008
Undermining a parent's rights SOME happenings in our society are just too stupid to comment on. Then again, there may be some folks who fail to see the stupidity there. And there may be some people who sense it ain't quite right, but haven't been able to justify their questioning of the circumstance. For these members of the reading public, here goes my take on the California state appellate court's ruling that parents who homeschool their children must have a teaching credential. by Shirlee Smith
March 14, 2008
Ruling must be overturned An appeals court ruling has infringed on the rights of parents by saying they cannot home-school their children. It is more than their right, but their job to teach their children. Public schools provide help with the job, and most people have allowed the schools to do the bulk of the work. The government has taken the reins, making attendance compulsory. But parents who want to teach their children to be productive adults in society are doing their job and no court should take that away.
March 14, 2008
Biggest homeschooling cost is possibly lost income Somewhere between $14 and $60,000 a year. Or more. That's what homeschooling can cost, depending on how you look at it. But before you start paying for it, you've got to get started in your homeschooling career. Some people have though. According to Homefires, an online homeschooling journal, the average family responding to a survey conducted in San Francisco spent $3,200 a year. However, none of this accounts for what is likely the largest expense of homeschooling. by David Zizzo
March 14, 2008
Members of Congress outraged by California homeschool case Members of Congress privately are infuriated and worried over a California appeals court ruling that essentially banned homeschooling in the state. Plans still were being developed, he said. But the ultimate resolution, Farris suggested, would be an amendment to the U.S. Constitution recognizing the rights and responsibilities of parents to direct their own children's education. by Bob Unruh
March 14, 2008
New Court Ruling Challenges California Parents Samantha Wulf's home is also her school. And it could be shut down now that a California court ruled that it's a crime for parents without teaching credentials to home school their kids. Samantha's mother, Rachel Shultz, told ABC News that she couldn't imagine being criminalized for caring for her child. Both she and her mother, Samantha's grandmother, have devoted their lives to the 13-year-old's schooling. by Lisa Fletcher
March 14, 2008
Phillies on California homeschooling ruling Physics professor and Libertarian Presidential candidate George Phillies condemned the recent California Court of Appeals ruling that parents have no legal right to homeschool their children. "California should fix its laws," said Phillies. "In 1953, segregation was Constitutional, Brown v Board of Education not yet having come down. The Supreme Court overturned reactionary segregation laws, and California Courts should overturn their equally reactionary position on home schooling, a reactionary position already rejected by most other states across America..." by George Phillies
March 13, 2008
California Superintendent: Parents Have Right To Homeschool Saying that public schools might not be a good fit for every student in California, State Superintendent of Public Instruction Jack O'Connell released a statement this week supporting the rights of parents to homeschool their children. The statement comes on the heels of a pledge by California Governor Arnold Schwarzenegger to support homeschooling by fighting against the court ruling either through the courts or through other political means. by Dave Nagel
March 13, 2008
Regulating home schoolers A California appellate court has struck terror in the ranks of home schooling advocates by ruling that their children can't be taught at home without at least some oversight. Public education foes see this as an all-out attack on the concept of home schooling. That is not the case. And members of The Times editorial board didn't get it right either. by Walter P. Coombs and Ralph E. Shaffer
March 13, 2008
Home-school ruling; follow the money A three-judge panel in a California Second District appeals court ruled parent run home schooling unconstitutional if the parent does not have teaching credentials. ...Parents who choose to educate their children outside public or private schools must be prepared to defend their choice at any time. Watch as large numbers of people rally to get this ruling overturned.
March 13, 2008

Homefires will continue to monitor this situation and provide updates. For a complete chronological list of updates to this case click here.