In a possible repudiation of its judicial activism, California’s 2nd District Court of Appeals has decided to reconsider its recent ruling which outlawed parents to homeschool their children without teachers’ certification:
“A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide… The … [court] granted a rehearing this past Tuesday at the request of a couple who have taught their eight children at home without credentials.”
The ruling in Grace v. Superior Court of Los Angeles County had been hailed, predictably, by teachers’ unions:
“’We’re happy,’ said Lloyd Porter, who is on the California Teachers Association board of directors. ‘We always think students should be taught by credentialed teachers, no matter what the setting.’”
Of course the educrats think that only credentialed teachers should be allowed to teach; the ruling would be yet another mechanism for the education establishment to broaden its State-monopoly power!
The San Francisco Gate’s March 26th article notes that the court’s current ruling has widespread implications:
“Last month’s ruling, if upheld, could put many parents at risk of prosecution for violating the state’s compulsory-education law. Homeschooling advocates say 166,000 children in California are taught … at home, most of them by parents who lack teaching credentials.”
In other words, if the ruling is upheld, it would essentially outlaw homeschooling in California.
ALG Perspective: Although the news that this court is reconsidering its ruling is a welcome development, there is no guarantee that the ruling will be reversed. Since the case will not be heard again until June, and there are three months left in the school year, the California legislature ought to be proactive and simply amend California’s law to more broadly protect parental rights to homeschool. Parents currently homeschooling their children in California currently face the risk prosecution, and they need to know now, not after the school year is over, that there are not legal risks to homeschooling.
