Court to reconsider California home school ruling

You can make a difference!

Hey, remember that California home-schooling case in which Justice H. Walter Croskey ruled that “Parents do not have a constitutional right to home school their children?”Well, the ruling is going to be reconsidered by the 2nd District Court of Appeal. Via the SJMercNews:

A state appeals court will reconsider last month’s controversial decision that said parents who home-school their children must have a teaching credential.

The 2nd District Court of Appeal in Los Angeles granted a rehearing Tuesday, essentially voiding the 3-0 decision until it rules again. The decision will now allow home-schooling organizations that had blasted the decision to weigh in.

“Wow!” said Diane Flynn Keith of Redwood City, who edits Homefires, an online home-schooling journal. “I think the judge recognized that he hadn’t done his homework.”

The case centered on a Southern California couple, Phillip and Mary Long of Lynwood, who home-schooled their eight children through the Sunland Christian School in Sylmar. The family came to the attention of Los Angeles County social workers when one of the children claimed the father was physically abusive. The workers learned that all eight children in the family were home-schooled, and an attorney representing the two youngest children asked the juvenile dependency court to order that they be enrolled in public or private school as a way to protect their well-being.

Ruling that the parents had no right to home-school their children because they weren’t credentialed as teachers by the state, Justice H. Walter Croskey pointed to a similar 1953 appellate court decision.

The Longs are being represented by the Pacific Justice Institute, which released a statement saying that Tuesday’s decision was a hopeful sign.

Here’s PJI’s statement on its website:

Pacific Justice Institute has just received word that the court ruling which declared most forms of homeschooling unlawful in California has been vacated. This means the Rachel L. decision, which has sparked a nationwide uproar, will not go into effect as it is currently written. The Second District Court of Appeal has instead decided to re-hear the case, with a new round of briefings due in late April. It would likely take the court several additional months to schedule oral argument and issue another decision.

Today’s announcement by the court that it will re-hear the case reinforces PJI’s position that homeschooling families should continue their current programs without fear of governmental interference. PJI will be actively involved in the upcoming briefs and will continue to post updates and special bulletins on this vital issue.

Brad Dacus, president of Pacific Justice Institute, commented, “We are pleased that the Court of Appeal has decided to re-hear the Rachel L. case, and we are hopeful that the fundamental rights of these parents, our clients Sunland Christian School, and the tens of thousands of homeschooling families in California will be honored. Homeschooling parents should be treated as heroes – not hunted down or harassed by their own government.”

This is welcome news, but the war on homeschooling continues apace.

Linda Whitlock reports on homeschooling in jeopardy. Ken Blackwell notes the antagonism of teachers’ unions. And Juanell Garrett in the Kansas City Star reports on legislative efforts to undermine homeschooling parents.

Stay vigilant.



  1. hey girl..great to know some are making headway on this..boy am I grateful I went to private schools! 🙂

    It is good news, but it is not over by a long shot. People must be vigilant.

  2. Good news that at least it’s not off the table.

    I do think whoever is doing the teaching should be able to read & write (LOL) but I know many of the teachers in classrooms today are not dedicated in the true sense. Too much bureacracy as it is, causing burn-out and discouragement. Then there are the ones intent on saying things like “you can’t see clearly with those Jesus glasses on” (pretty sure that was California, matter-of-fact).

    Homeschoolers rank extraordinarily high on various tests, which accounts for quality, imo!


    You are right. I have been told personally by many that they did not know what else to do, so they thought they could always teach. At the same time, I have the highest regard for the profession.. I just think they have to love what they do and I know that is extremely difficult with the circumstances they face today in the classroom, not to mention the parents attitude and/or having to ‘teach somethings they know are not always the best things’ or correct.’
    It is awesome how well those homeschooled do score. Again, I feel deeply for those that do not have that option.

    Love and hugs

  3. Yeah let’s hope it comes through for them.

    Yeah, MK.. they say the way of Calif. is the way of the country in a couple of years.

  4. Angie, stay vigilant is right. They’ve got the smell of Christian blood up their nostrils and they’re after us like a pack of rabid hounds. Time to have contingency plans.

    Yes they do Aurora, You are so right on, as always.

  5. You are so right Ang, we need to stay vigilant on all these important issues, especially for our kids and grandkids!

    The children are at their mercy..we must stay vigilant for them..

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