March 2008 — News

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Gov. Schwarzenegger Promises Reprieve to California Homeschoolers

by Dave Nagel

[Editor's note: Updated information can be found in our March 13 article, "California Superintendent: Parents Have Right To Homeschool." --D.N.]

Extra Credit
'Depublishing' the Court's Opinion

Rather than seeking legislative relief, homeschool advocacy group the Home School Legal Defense Association is seeking to "depublish" the California Court of Appeals ruling in in the case of re Rachel L. et al. with a petition. At the time of this writing, the petition had more than 160,000 online signatures.

More Information

--D. Nagel

In late February, California's Second District Court of Appeals issued a ruling that effectively banned every form of homeschooling in the state--whether coordinated through a public school district, combined with online schooling, or otherwise administered in a way that does not include full-time, in-person instruction from a credentialed teacher. It was a ruling with widespread implications for every homeschooling parent in the state, and one that is now being challenged on two fronts: by homeschool advocates and by California Governor Arnold Schwarzenegger himself.

The Feb. 28 ruling came as a surprise to most, as it was part of a confidential child welfare case. (You can read more on the case in the opinion published by the court here. SF Gate, an online publication of the San Francisco Chronicle, also provides background on the case and comments from one of the defendants here.) But the implications are far-reaching for the parents of more than 160,000 kids who are currently homeschooled in the state.

"The court's ruling is a sweeping one that affects all parents in California," said Michael P. Donnelly, staff counsel for the Home School Legal Defense Association (HSLDA), a homeschool advocacy group. "It is unfortunate and not an accurate reflection of California law regarding private education of children." HSLDA was not part of the legal proceedings that resulted in the decision.