"The fundamental theory of liberty upon which all governments in this Union
repose excludes any general power of the state to standardize its children
by forcing them to accept instruction from public teachers only. The child
is not the mere creature of the state; those who nurture him and direct his
destiny have the right, coupled with the high duty, to recognize and prepare
him for additional obligations." (Pierce vs. Society of Sisters, 1922)
What In the World Is Going On In California?
By Karen Braun
By now, most homeschoolers across the country have heard about the
California appellate court ruling handed down on February 28 ordering the
children of Phillip and Mary Long to attend public school or a legally
qualified private school. The judge's ruling surprised everyone and sparked
a firestorm of concern among homeschoolers nationwide, many wondering if
homeschooling had become illegal in California.
The Old Schoolhouse Magazine staff has been following the developments since
World Net Daily first broke the story a week ago. In this Homeschool Minute,
we would like to provide a brief summary of the events and offer links to
various perspectives to help homeschoolers understand this ruling, how it
impacts homeschoolers in California, and what homeschoolers across the
nation can do to help.
To gain a better understanding of this case, it is necessary to note that
prior to this ruling, the Long family had been involved with the juvenile
court system regarding the care of their children. Such proceedings are
confidential, and in most cases, a court-appointed attorney is provided to
represent the interests of the minor children. The attorney representing two
of the children was not satisfied with a ruling made by Superior Court Judge
Stephen Marpet, who found the children's education to be "meager" but
determined that Phillip and Mary Long have a constitutional right to school
their children in their own home. The attorney for the children brought an
appeal before the Second Court of Appeals of California.
The California Second Appellate Court in Los Angeles found that the Longs
had not demonstrated that any of the exemptions to California's compulsory
attendance applied to their children. The court reversed the finding of the
Superior Court and ordered the children to attend public or a "legally
qualified" private school. The court remanded the case back to the lower
court for a hearing to determine if the family was in compliance with the
law. The family plans on appealing this ruling decision to the California
Supreme Court.
Read the complete court opinion here.
The ruling spurred reactions from attorneys representing various homeschool
groups and interested parties across the country. The Homeschool Minute
provides these links for informational purposes related to this case and
does not necessarily endorse these sites.
Sunland Christian School. The Long children were enrolled in this school.
Pacific Justice Institute (PJI). These attorneys are representing Sunland
Christian School and advising the family.
Home School Legal Defense Association (HSLDA). HSLDA presents several appeal
options to reverse this ruling or diminish its impact upon California
homeschoolers. There is a petition available for those interested in
supporting the HSLDA's move to depublish the ruling.
National Home Education Legal Defense (NHELD). Attorney Deborah Stevenson
offers a detailed and informative analysis of this case.
Several homeschool groups in California issued statements concerning this
ruling:
Homeschool Association of California
California Homeschool Network
Christian Home Educators of California
Private and Home Educators of California
California Governor Arnold Schwarzenegger issued a statement in support of
homeschooling:
"Every California child deserves a quality education and parents should have
the right to decide what's best for their children. Parents should not be
penalized for acting in the best interests of their children's education.
This outrageous ruling must be overturned by the courts and if the courts
don't protect parents' rights then, as elected officials, we will."
By the end of a long news week, the court decision reached the broader
Christian community through a radio broadcast by Focus on the Family. Dr.
Dobson discussed the California court case with several prominent guests.
From All of Us at TOS
We hope this information has helped you gain a greater understanding of the
facts surrounding this case and its impact on homeschooling in California.
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