Posted on 08/08/2008 10:11:51 AM PDT by Ben Mugged
An appeals court in California has ruled that state law does permit homeschooling "as a species of private school education" but that statutory permission for parents to teach their own children could be "overridden in order to protect the safety of a child who has been declared dependent."
The long-awaited case resolves many of the questions that had developed in homeschooling circles across the nation when the same court earlier found that parents had no such rights – statutorily or constitutionally – in California.
The ruling released this morning by the 2nd Appellate District in Los Angeles said the dispute came out of juvenile court proceedings in which court-appointed lawyers for two children demanded "an order that they be sent to private or public school, rather than educated at home by their mother."
The dependency court did not issue such a ruling, "primarily based on its view that parents have an absolute constitutional right to homeschool their children," the appeals court said. The lawyers then advanced their case to the appeals level, which earlier granted the order.
"We filed our original opinion on Feb. 28, 2008, granting the petition on the bases that: (1) California statutory law does not permit homeschooling; and (2) this prohibition does not violate the U.S. Constitution," the opinion said.
~snip~ But the judges granted a request for rehearing "in order to provide an opportunity for further argument on the multiple complex issues involved in this case, including, but not limited to: (1) additional California statutes that might bear upon the issue; and (2) potentially applicable provisions of the California Constitution."
The opinion said the judges were not deciding whether homeschool school be allowed. "That job is for the Legislature," they said.
(Excerpt) Read more at worldnetdaily.com ...
It is nice to see Kalifornia’s communists lose one now and then.
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