Update 4/20/08
You haven't heard a lot from the Board or legal team recently about the case in Southern California since the court agreed to rehear the case. Since their original decision was automatically vacated by court rule, we no longer had to worry about all the statements in that opinion. While it's theoretically possible that the court will read all the new briefs and listen to the new arguments and issue the same opinion again, we sort of doubt that will happen here. What the court will decide, no one knows, but at least this time we have a chance to be heard.
We can't talk a lot about our strategy, but all of the big statewide groups are busy working on amicus briefs. These are due by mid-May. After we file ours, we get to read all of the ones that others have filed, and we will have an opportunity to file reply briefs that argue against points in those other briefs. The court had said that the hearing would be put on the June calendar, so we're expecting that. We don't know if the hearing will be open to the public, but if it is, those who are interested in the legal process and who can get to LA might find it interesting. Courts can take several months to reach a decision and write a new opinion after the hearing, so it will probably be fall before we hear more.
ACR 115, Joel Anderson's resolution in support of homeschooling, is still alive. It has been assigned to the Assembly Education Committee. Right now, the committee is busy dealing with all of the bills that have a fiscal impact, as there is a firm deadline for either sending those to the full floor or killing them. The author's office thinks that a hearing on ACR 115 will be scheduled some time in the weeks after that April 18 deadline. We have asked if the author would like for homeschoolers to attend the committee hearing, and have not yet heard back. But if the author does want people to attend, we will be asking those who can come to Sacramento to do so (with their reasonably well-scrubbed and well-behaved children, of course). Some people in Sacramento seem to think that we don't need ACR 115 any more given the rehearing, but we have been working hard to tell folks there that we still do, that it is still a good thing for the legislature to go on record supporting homeschooling!
The mood in the capitol has changed a lot since the rehearing was granted. Debbie Schwarzer and Karen Taylor of CHN spent a day lobbying the Assembly Education Committee members right before it was granted, and everyone was very, very tense. On April 14, Debbie and Leslie Buchanan, HSC's President, spent the day lobbying the Senate Education Committee members, and the mood was palpably different. We mostly got words of support, everyone was calm, no one was talking about rushing legislation through. Thanks to all of you who have helped get the word to your representatives that no legislation was needed, other than supporting ACR 115.
California Based Homeschool Groups Stand Together to Defend Rights After Recent California Appellate Court Decision
Sacramento, California, March 26, 2008- A far reaching court ruling that could effect as many as 200,000 homeschooled children in California has families concerned that continuing to educate their children at home is now illegal. State and local support groups have been busy answering calls from the media and reassuring parents. The ruling filed on February 28th by the 2nd District Court of Appeal essentially said that the only types of schooling that were legal in California were full-time attendance in a brick & mortar institution or being taught full time by a credentialed tutor.
JOINT STATEMENT REGARDING HOMESCHOOLING IN CALIFORNIA
Update RE Appellate Court Ruling - 3/27/08
HSC has received word that the 2nd appellate court will be re-hearing the case that would have made it illegal to homeschool without a teaching credential.
We understand a new hearing will be held in June. HSC's pro bono counsel, as well as pro bono counsel for several other inclusive California homeschooling groups, will be seeking approval to file amicus briefs in this matter. This is standard court procedure to ensure that the court only has to deal with briefs from counse representing groups with a large enough interest in the case. Since the court's prior opinion was vacated when the court granted the rehearing, meaning it has no legal effect, you should keep homeschooling as you have been. It will be months before we will see another ruling in this case, but we will keep you updated.
O'Connell announced today that the California Department of Education
has completed a legal review of the February 28 California Court of
Appeal ruling regarding home schooling. O'Connell issued the following
statement:
"I have reviewed this case, and I want to assure parents
that chose to home school that California Department of Education policy
will not change in any way as a result of this ruling. Parents still
have the right to home school in our state.
wanted to get this information in front of you, and HSC's position on
it, right away. I have discussed this with Leslie Buchanan, HSC's
President, and she agrees with this message. She and I would like you
to forward this to any groups that might be helpful.
What Can You Do?, by Christina Sonas
Some things you could do:
-- Write a letter to the editor to your regional paper (not all local
papers have picked up the story yet, but the LA Times, SJ Mercury News
and SF Chronicle all have; I don't see it at the Sacramento Bee yet)
-- Write an opinion essay on the controversy for publication somewhere.
-- Be proactive in communicating with your friends, family and
colleagues; make sure they hear the pro-homeschooling story FIRST.
-- Make a donation to one or more of the legal teams preparing the
official strategic action.
-- Make a proud, flaunting display of your homeschooler status, like a
bumper sticker, tshirts, etc.
Appellate Court Case, Please Remain Calm, By Debbie Schwarzer HSC legal team co-chair 3/07/08
Please rest assured about a number of things. First, the law, other than this court's interpretation, hasn't changed. Parents involved in a truancy prosecution might face criminal charges, but only after a rather lengthy series of hearings and court orders, and only if the parents failed to comply with the orders. It would be a criminal contempt charge, which isn't nothing but doesn't land you in Pelican Bay.
Recent California Appellate Court Decision