CA Appeals Court Urged to Protect Rights of Homeschooling Families | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

By Jay Sekulow1308675976000

 

Currently, we are leading a diverse team of organizations to urge the California Court of Appeals to protect the rights of homeschooling families in the Golden State.  The appeals court has agreed to rehear a case regarding Rachel L.  In February, the court issued a decision that, if implemented, would deny nearly all California parents the right to homeschool their children.  In the decision (which has now been vacated), the court specifically found that Californias compulsory attendance law permits parental home education only if the parent is qualified as a private tutor (which requires that he or she undergo a rigorous and time-consuming process to obtain a valid state teaching credential for every grade to be taught at home).

 

For the past 20 years, homeschooling children have been exempt from compulsory public school attendance under the California Department of Education (CDOE)s provisions for students enrolled in a private school.  An exemption is also granted to students being taught by a state-licensed tutor.

 

We at the American Center for Law and Justice, along with Western Center for Law & Policy, American Civil Rights Union, Christian Leaders, and Jewish Homeschoolers of Napa and Sonoma Counties, have filed an amicus brief in the case.  The brief argues that the right of parents to homeschool their children is derived from both the Free Speech and Free Exercise Clauses of the First Amendment.  As such, the California Court of Appeals must find that the California compulsory attendance law permits home education under both the private school and private tutor exemptions.  If the court finds that it does not, then the law must be struck down as unconstitutional for violating parents First Amendment rights.

 

Parents have a right to protect their children from forced government indoctrination, said Jacqueline Michelle Schaffer, an attorney with the ACLJ.  They also have a right to direct the religious upbringing and education of their children.  The First Amendment of the United States Constitution guarantees these rights to every American.

 

We will keep you updated on this case as it progresses.

 

Honoring Those Who Serve on Veterans Day

By Wesley Smith1478796139234

Veterans Day is Friday, November 11th. Formerly known as Armistice Day, this holiday was originally created to commemorate the end of World War I, which officially took place on November 11, 1918. In legislation that was passed in 1938, November 11th was "dedicated to the cause of world peace and...

read more

U.S. Air Force: Anniversary History

By Edward White1473953188196

As a nation, we are fortunate to be protected by the best Air Force in the world, which celebrates the anniversary of its founding on September 18th. The mission of the modern United States Air Force is “to fly, fight, and win in air, space, and cyberspace.” The Air Force has approximately 5,000...

read more

National Motto Faux Pas

By Jordan Sekulow1469804497277

In her acceptance speech tonight, Hillary Clinton stated: Our country's motto is e pluribus unum: out of many, we are one. Will we stay true to that motto? Sound familiar? In 2010, President Obama similarly said , “In the United States, our motto is E pluribus unum — out of many, one.” One problem.

read more

The Battle Over "In God We Trust"

By Laura Hernandez1467831915482

Right before Independence Day weekend, the Federal District Court for the Northern District of Ohio, in a somewhat unusual move, granted angry atheists, who are challenging the National Motto (“In God We Trust”) on our currency, the right specifically to respond to the arguments made in our amicus...

read more