HSDLA Petition
Petition to Request Depublishing of California Court Case In re Rachel L.
Please Sign this Petition to Support Homeschool Freedom in California. 208,044 signatures so far!
A California Court of Appeal recently decided that homeschooling is illegal in California unless a parent is a certified teacher.
The case arose in a confidential juvenile court proceeding. The family was represented by court-appointed attorneys and HSLDA did not become aware of the case until the Court of Appeal case was published on February 28, 2008.
The Court could have restricted its decision to the facts before it, but instead, it issued a broad ruling that effectively outlaws home education in California. The Court also certified its decision for publication, which means that the decision can now be cited as legal authority by all other courts in California.
The family and their California counsel are planning to appeal to the Supreme Court of California, which could result in reversal.
Another option to keep homeschooling free in California is to petition the Supreme Court of California to “depublish” the opinion. If the opinion is “depublished” then it cannot be used by other California courts and this threat to homeschool freedom will be neutralized for other California homeschoolers.
HSLDA will be formally petitioning the California Supreme Court to depublish the opinion. We would like to show that many other people, both in California and across the country, care deeply about homeschool freedom in California.
Please show your support for this effort by signing the petition today.
We, the undersigned, request that the Supreme Court of California depublish the Court of Appeal opinion in In re Rachel L., handed down on February 28, 2008.
Response to Ruling of California Court of Appeal
‘Homeschooling is Illegal in California’
On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.
This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.
There are two appellate options at this time.
First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.
HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.
The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.
HSLDA will take the lead in an effort to seek to have this case depublished.
Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family's beliefs.
The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.
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