The unconstitutional February 28 ruling by a California Appeals Court outlawing ALL home-schooling in the state of California has been dismissed by a family court judge last Friday, July 11. The 2nd District Court of Appeals ruled improperly that California parents without teaching credentials cannot home-school their children. This occurrence likely means the Court of Appeals decision will not be resurrected.
A controversial legal ruling that outlawed most forms of home schooling in California will face greater scrutiny because the underlying family court case was dismissed earlier this week.
“It should mean the whole thing goes away,” said Michael Farris, chairman of the Home School Legal Defense Assn. “I’m very optimistic for the long haul. I don’t see how in the world this case could be upheld. That [dismissal] absolutely bolsters my optimism greatly.”
Edward Steinman, a law professor at Santa Clara University, said he does not believe that the family court dismissal undermines the ruling, but it could provide easy political cover if the appellate court wants to get out of the spotlight.
California has some 200,000 children currently being home-schooled. No court wants that many unhappy families protesting their decision. But home-schoolers are not out of the clear yet:
Brad Dacus, president of the Pacific Justice Institute, said the appellate court is expected to decide in the next few weeks whether to drop its earlier ruling.
“If that were to happen, we would be back at square one as if this whole mess had never taken place — at least legally speaking — because there’d be absolutely no precedent on the books,” he said.
Gary McCaleb, senior counsel for the Alliance Defense Fund, said he is hopeful the court will do the right thing.
“We’ve had a tremendous alliance arguing on behalf of home-schoolers, and the case has been tossed out of the lower court,” he said. “We think the appellate court will do the right thing and settle the matter that parents can home-school in California.”
How ironic it is that the liberal mantra of rights, equality and tolerance is forced upon Americans when it comes to abortion, religion, and homosexuality. But since when does one bad home-schooling family make all the rest equally bad? There is no tolerance for the Christian worldview, especially in public schools where the state thinks it knows much better what is best for your children than you the parent does.