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California Court to Reconsider Homeschool Ruling

by Roger Greer

The California Court of Appeals will reconsider its controversial “Rachael L. decision” that in effect made most homeschooling in the state a crime.

California homeschoolers are breathing a sigh of relief for now and homeschool advocates such as Michael Farris, Chairman of the Homeschool Legal Defense Association, are pleased the case will be reheard.

“We simply believed that it was it just absolutely inappropriate for them to use a fifty-five year-old law and not bother to check current statutory developments in California and the role of constitutional decision making on the rights of home schoolers that have evolved tremendously in the intervening fifty-five years since the last case they relied on.”                                                                                           

While Farris is pleased the case is headed back to court, what if the anti-homeschool ruling is upheld. 

“Then on to the Supreme Court of California.”

Whatever the court decides, a lot of parents will be affected including you, if you home school anywhere in the US.

“It will be incredibly important for about twenty percent of the homeschoolers in the country automatically because that’s about the percentage of the nation’s homeschoolers that live in California.  But California courts tend to have an effect on other courts in the nation.”                                            

Bruce Hausknecht, Judicial Analyst for Focus on the Family Action, points out the court is getting information from liberal groups.

“They invited some amicus briefs from what are normally liberally leaning education groups.  That is not an encouraging sign. 

However Hausknecht adds that since a rehearing has been announced, it indicates the case for homeschooling will be better presented as well.     

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