Good News from California for Homeschoolers!

On August 8, 2008, a decision was issued by the California Court of Appeal for the 2nd District reversing itself in the In re Rachel L decision issued in February 2008. This means that California homeschooling can continue as it has existed - under their private school law - and parents can breathe a sigh of relief.

There are several very positive legal conclusions reported in this case. First, California parents can legally homeschool and there is no requirement that they be certified teachers as was the fear if this case had been lost. Second, the court applied a standard of review known as "strict scrutiny" to any law or regulation that would deprive a parent of the right to homeschool. The strict scrutiny standard is the highest legal standard, which means that only a very serious reason (such as health and safety of a child) would be sufficient grounds to take away this right.

However, as we read this case, there are some things to be cautious about as well. The court drew attention to the fact that the California law does not establish a basis in law or "clarify" what an effective homeschool should look like. They complained that only juvenile court investigations and prosecutions, family law investigations, and truancy prosecutions triggered any oversight into homeschools. This court urged the California Legislature to provide "additional clarity" so that the quality of a homeschool could be evaluated and judged in a more systematic way.

Unlike California, our Arizona Legislature has spoken regarding homeschooling. Their intent can be found primarily in our statutes A.R.S. 15-802 and 15-802.01 (and scattered among other statutes as well.) Our legislative history also includes specific removal of regulatory provisions suggested by the In re Rachel L case that were found to be burdensome, costly, and unnecessary to Arizonans. Homeschoolers in our state should be aware that it is important to elect legislators who are supportive of our current law and who reject piling on regulations to bring "additional clarity" to what constitutes a homeschool as called for by the California court.

Pay attention to the legislative races (one State Senate and two State House) in your district and take the further step of actually asking each candidate for office whether they will pledge to refuse to support bills that would regulate homeschooling if they are elected. Then, support those candidates who believe in your educational choice in any way you can -time or money or both.

We want to acknowledge and thank the tremendous team of advocacy groups, homeschool support organizations, and individuals that came together to support this effort in California. Congratulations on a well-earned victory!

WEB LINKS
CHEA of California http://www.cheaofca.net
Pacific Justice Institute http://www.pacificjustice.org
HSLDA http://www.hslda.org