Court agrees to rehear home schooling case-California to Gavel
By TERI FIGUEROA – Staff Writer | Wednesday, March 26, 2008 9:47 PM PDT

Court agrees to rehear home schooling case

A California appellate court agreed Wednesday to rehear arguments in acontroversial case that called into question the legality of home schooling, court documents show.

A statewide uproar began when a panel with the 2nd District Court of Appeal ruled in last month that there is no constitutional right to home school children.

The ruling arose following an investigation into abuse inside a Los Angeles family that home schooled its children.

The court agreed to rehear the case based on a request from the father in the family at the center of the case. The father, identified only as Philip L., is represented by Ramona-based attorney Gary Kreep.

Kreep is allied with the Alliance Defense Fund, which announced on its Web site Wednesday the court’s decision to rehear the case. The Christian organization takes cases related to religious freedoms.

The court said it would look at two issues: whether there is a constitutional right to home school, and whether California law provides for instruction at home by parents who don’t have teaching credentials and are not affiliated with any public school program.

The court also said it would consider arguments from the state superintendent of education, the State Board of Education and the California Teachers Association.

The matter will be argued in June.