Posted on 03/27/2008 11:03:44 AM PDT by JZelle
The California appellate court that recently appeared to outlaw home-schooling in California has now agreed to rehear the case, raising hopes among home-schooling supporters that the court will revise its ruling.
"Because this ruling impacts all Californians, we believe the case deserves a second look," said Gary McCaleb, an attorney with the Alliance Defense Fund, which asked the 2nd District Court of Appeal for a rehearing of the case, "In re: Rachel L."
Home-schooling advocates nationwide were outraged with the appellate court's unanimous Feb. 28 ruling that ordered two parents to send two of their children to school — as the children requested, through their lawyer — instead of home-schooling them.
Unpublished court papers show that the family has been involved in the child welfare system for 20 years, amid charges of physical abuse by the father and sexual molestation of several of the daughters by a family friend.
The court-appointed lawyer for the two youngest children, aged 10 and 8, recommended to a juvenile court judge that he order the children sent to school for their own education, safety and well being.
The judge sympathized with the children — their home-schooling was "lousy," he wrote — but he refused to order them sent to school because he believed their parents had a right to teach their children as they saw fit.
The children's lawyer appealed, and the appellate court ruled in their favor: Since the children's mother did not have the required "valid state teaching credential for the grade being taught," she could not teach the children at home, the appellate court said.
But the appellate court also opined that under California's Education Code, "parents do not have a constitutional right to home school their children."
(Excerpt) Read more at washingtontimes.com ...
They knew it would be overturned.
Just more money for lawyers, is all.
Hehehe.....the people speak, and the “enlightened” are forced to listen. Judges? How ‘bout damn fools.
“The Judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric.” (1820)- Thomas Jefferson
Doesn't all their rulings impact all Californians? Me thinks California judges must be elected maybe hummm.
How much you want to bet that they’ll find a way to overturn their own decision while still maintaining that parents don’t have a constitutional right to homeschool? That way it can’t be appealed. Kalifornia judges think they know best...
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