The HomeSchool Association of California:
HSC welcomes anyone with an interest in homeschooling.
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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
Briefs Are Filed for the In re Rachel Court Case
Hear Details in Audio Interview with Debbie Schwarzer
All of the briefs in the In re Rachel L case have been filed, and now the court is reading through everything. Amicus briefs were filed by a number of different groups, and the court appeared to accept most or all of them. HSC filed a joint brief with CHN and CHEA talking about a number of legal points, including statutory interpretation and constitutional arguments about the rights of parents.
Briefs were filed by other groups, ranging from private schools serving homeschoolers and entities providing information and services to homeschoolers to professors of constitutional law to various members of the House of Representatives to religious organizations and conservative groups. Their briefs mostly talked about religious and other parental constitutional rights and about the factual background of homeschooling (showing that homeschooled children succeed in college and life). The Governor filed a brief supporting homeschooling and the CDE filed one supporting home-based private schools. The California Teachers Association and LA Unified also filed briefs mostly telling the court they agreed with the original opinion.
The court will hold oral arguments on Monday, June 23. The court has told amicus parties and their lawyers that they are welcome to attend the hearing, so Leslie Buchanan, Debbie Schwarzer and their lawyers from Wilson, Sonsini, Goodrich & Rosati are planning on being there.
Debbie recently did a phone interview with Mary Nix about the current status of the case. It's long, about 30 minutes, but if you're really interested about the positions that various parties are taking, you might want to listen to it. You can find it at http://www.tiprr.com/blog/?p=90
Joint Brief by Organizations Accepted for
Consideration by California Court of Appeal
A joint brief flied by California's three statewide homeschool organiztions has been accepted for consideration by the California Court of Appeal in the case known as In re Rachel L. The court's original decision specifie, amoung other things, that parents need a teaching credential to homeschool. The decision was criticized by homeschoolers, teachers and government officials. Governor Arnold Schwarzenegger and Superintendent of Public Instruction Jack O'connell both issued press releases in support of homeschooling, and Assemblyman Joel Anderson introduced a resolution supporting homeschooling to the California Assembly in response to the case. The court granted rehearing and vacated it's original decision in March 2008. California's three statewide homeschool member organizations -- Homeschool Association of California, California Homeschool Network, and Christian Home Educators Association of California -- have been working together for several months in a united effort to preserve independent homeschooling in California. These three organizations represent homeschoolers across the state. Their amicus brief was a cooperative undertaing of the law firms Wilson Sonsini Goodrich & Rosati, representing HSC, Baker & Mckenzin, representing CHN, and Munger Tolles & Olson LLP, representing CHEA.