CA Appeals Court Clears Way for Homeschooling

 

Theres been an important decision released by a California appeals court a decision that overturns a previous ruling and now clears the way for parents to homeschool their children.

 

As you know, this issue generated a lot of interest and attention.  This decision by the 2nd Appellate District in Los Angeles is welcomed and were pleased the appeals court recognized the rights of parents to provide education for their children.  The decision reaffirms the constitutional right thats afforded to parents in directing the education of their children.  Its an important victory for families who cherish the freedom to ensure that their children receive a high quality education that is inherent in homeschooling.

 

The ACLJ filed a critical amicus brief in the case.  You can read that here.

 

In our brief filed in May, the ACLJ urged the appeals court to protect the right to homeschool and argued that the right of parents to homeschool their children is derived from both the Free Speech and Free Exercise Clauses of the First Amendment.

 

While were still analyzing the full impact of todays appeals court decision, a number of issues are clear.

 

The appeals court ruled that state law does permit homeschooling as a species of private school education and concluded home schools may constitute private schools.  The court said:  Parents possess a constitutional liberty interest in directing the education of their children, but the right must yield to state interests in certain circumstances. 

 

The courts decision makes clear that it is a reasonable interpretation of Californias facially ambiguous statutory scheme to conclude that homeschools are permissible in California when conducted as private schools.

 

Therefore, parents who satisfy the statutory requirements imposed on a private school (annual filing of affidavits, reports, etc.) may continue to legally home school their children in California without the requirement of being validly credentialed by the state to do so.

 

The court explained that it reached this conclusion because given the possible interpretations of Californias statutory scheme, this one avoided the necessity of reaching a constitutional question, the argument which we focused on in our amicus brief.

 

The court concluded that parents have a constitutional liberty interest in directing the education of their children, but this right must yield to state interests in certain circumstances.  The court concluded that current case law does not indicate precisely what standard of scrutiny applies to restrictions on parents liberty interests in directing the upbringing / education of their children.  What the court found to be absolutely certain, however, is that if such a restriction satisfies strict scrutiny, it is constitutional. The court then held that protecting the safety of a dependent child can indeed satisfy strict scrutiny. (The court made abundantly clear that its current decision is limited to those children who have already been adjudicated to be dependents of the state, not children of fit parents.)  The appeals court then remanded the case for the trial court to determine whether the safety needs of these particular children required them to be placed in a school outside the home.

 

While the appeals court decision is welcome, it does leave open the question of what other state interests may override the parental liberty interest in directing the upbringing of children. 

 

But most importantly, the decision today allows parents whose children have not been declared dependents of the state to rest easy and to continue to educate their children in their homes without the necessity of becoming certified / state-credentialed to do so.

 

You can read the appeals court decision here.

The homeschooling issue is certain to continue to generate attention in California especially in light of this appeals court ruling.

Well continue to update you as developments unfold.