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3-27-2008
 

California Court Will Reconsider Home-School Ruling

 

Original decision said parents do not have a right to teach their children.

A California court announced Tuesday it will reconsider what Dr. James Dobson called an "egregious decision" to criminalize home schooling in the state.

The 2nd District Court of Appeal in Los Angeles agreed to the request by the Alliance Defense Fund (ADF) after a nationwide outcry over the Feb. 28 ruling, which said parents without teaching credentials do not have a right to home-school their children.

“Parents have a fundamental right to make educational choices for their children,” ADF Senior Counsel Gary McCaleb said.  “Because this ruling impacts all Californians, we believe the case deserves a second look. We look forward to presenting this case for rehearing.”

Bruce Hausknecht, judicial analyst for Focus on the Family Action, said the court's decision to rehear the case is a welcomed sign.

"Handing down broad opinions with widespread impact without hearing from the very people and organizations affected is a recipe for disaster, which is exactly what happened here," he said. "The court's decision, which has now been vacated, trampled on fundamental parental rights that have been recognized in numerous Supreme Court decisions.

"With a new opportunity for all affected parties to be heard, this court now has the time to take a more thorough look at the issue and get it right."

Michael Farris, co-founder and chairman of the Home School Legal Defense Association, said California courts tend to have an effect on courts around the U.S. About 20 percent of the nation's home-schoolers live in California, he said.

FOR MORE INFORMATION
Dr. Dobson will discuss the home-school ruling Sunday on Hannity's America, which airs on Fox News at 9 p.m. ET and again at midnight.

Visit the Home School Legal Defense Association Web site.


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