BILL NUMBER: ACR 115	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Anderson

                        MARCH 10, 2008

   Relative to home schooling.


	LEGISLATIVE COUNSEL'S DIGEST


   ACR 115, as introduced, Anderson. Home schooling.
   This measure would acknowledge the long and rich history of
private home schooling in California and call upon the California
Supreme Court to reverse the opinion of the California Court of
Appeal for the Second Appellate District in Los Angeles in the case
of In re Rachel L. that home schooling without a teaching credential
is not legal.
   Fiscal committee: no.



   WHEREAS, Some 30 years of experience with the modern home
schooling movement in California demonstrates that home-school
graduates take up responsible positions as parents, as students in
and graduates of colleges and universities, in the workplace, and as
citizens in society at large; and

   WHEREAS, Home schooling by California families with diverse
backgrounds has historically given children a quality education
through proven, independent approaches that nurture valuable family
bonds and support successful pupil development; and

   WHEREAS, Private home schooling has a long and rich history in the
State of California, and is currently estimated as involving 200,000
pupils in the state and 2,000,000 pupils nationwide; and

   WHEREAS, The United States Supreme Court has ruled that parents
have a fundamental constitutional right to direct the education and
upbringing of their children (Wisconsin v. Yoder (1972) 406 U.S. 205,
Pierce v. Society of Sisters (1925) 268 U.S. 510, and Meyer v.
Nebraska (1923) 262 U.S. 390); and

   WHEREAS, On February 28, 2008, the California Court of Appeal for
the Second Appellate District in Los Angeles issued an opinion in the
case of In re Rachel L., 2008 Cal.App. Lexis 292 (Cal.App.2d Dist.
Feb. 28, 2008) holding that home schooling without a teaching
credential is not legal; and

   WHEREAS, This misguided interpretation denies California parents
their primary responsibility and right to determine the best place
and manner of their own children's education; and

   WHEREAS, The fair opportunity of California families to educate
their children should not be undermined; now, therefore, be it

   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature hereby calls upon the
California Supreme Court to reverse the opinion of the California
Court of Appeal for the second Appellate District in the case of In
re Rachel L., that home schooling without a teaching credential is
not legal; and be it further

   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.