California-Court Filings Complete

From: “Home School Legal Defense Association” <>
Date: Thu, 22 May 2008 17:33:15 -0400
Subject: California–Court Filings Complete


From the HSLDA E-lert Service…

California–Court Filings Complete

Dear HSLDA Members and Friends,

On May 19 all the filings of the legal briefs to re-hear the case In
re Rachel L. were completed.

The Court of Appeal, which made the fateful decision on February 28,
2008 to declare all homeschooling illegal unless the parent is a
certified teacher, will now begin the process of considering the
arguments. The current schedule anticipates oral arguments to begin
this June.

HSLDA has been at the forefront of the process to defend the right to
homeschool in California and across the country. In this case, we
were able to successfully help Gary Kreep of the U.S. Justice
Foundation, who represents the father at the center of this case, Mr.
L., to prepare the arguments to grant the petition for re-hearing.
When the Court of Appeal granted the petition for rehearing, the
original opinion was vacated and no longer has any legal effect.

Furthermore, in the latest round of filings, we have also been able to
provide substantial assistance to the Alliance Defense Fund, which is
partnering with the U.S. Justice Foundation in order to make the
strongest argument possible to preserve homeschool freedom in
California. So much is at stake, and all parties involved have shared
their unique perspective to present the best case possible.

HSLDA has also filed a friend-of-the-court brief in conjunction with
Focus on the Family and Family Protection Ministries to show the
benefits of a home education. These arguments draw on the extensive
development of homeschooling and the successful track record of
parents educating their children at home.

Also, Governor Arnold Schwarzenegger has filed a brief
( in conjunction with the
Attorney General of California, which supports a parent’s right to
homeschool. Their brief begins with this statement: “Recognizing that
home-schooling has a long and positive history in California and
across the nation, the State of California provides a broad statutory
framework that authorizes and regulates the practice.” In other
words, the Governor and Attorney General are strongly arguing for no
changes to the current law.

While we do not know what the court will decide, you can be confident
that hundreds of hours were spent by many different organizations to
defend your right to homeschool.

We hope and pray for a successful outcome in this case.


J. Michael Smith
HSLDA President
The HSLDA E-lert Service is a service of:

Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
Phone: (540) 338-5600
Fax: (540) 338-2733


The Governor has weighed in with an amicus curiae (friend of the court) brief, saying that existing California law gives three different ways that parents can legally home educate. He says the only reason to consider constitutional issues is if specific cases fall outside of those three avenues.

Nineteen members of Congress also filed an amicus brief in favor of home education rights. CHEA and the other two statewide support networks joined together in their own amicus brief.

And other groups, including HSLDA, have submitted amicus briefs.

In case you have not seen the good summary on the status in California from HSLDA’s perspective, I’m including it below.

Gov. Arnold: Let homeschooling continue
‘State provides a broad statutory basis for education by parents in California’

Homeschool Groups Submit Appeal to Court