The president of the Pacific Justice Institute says Friday's decision from a state appellate court that found California permits home schooling should withstand future legal challenges.
Friday's 3-to-0 decision from the Second District Court of Appeal reversed a never-enforced ruling in February that severely restricted home schooling in the state. The February ruling said parents must have a teaching credential to home school their children. Brad Dacus is president of Pacific Justice Institute, which challenged the February decision. "It is possible that the opposing side could appeal this decision to the State Supreme Court," Dacus contends. "That is not a guarantee, and it is quite possible that this may be, in fact, a standing decision." Last week's ruling means parents do not have to obtain state credentials in order to home school. The court also acknowledged that a state prohibition on home schooling would intrude on parents' constitutional right to direct their children's education, and that that any limit on that right would be presumed unconstitutional. Several groups, including the Home School Legal Defense Association, teamed up to present the court with information on the constitutional right of parents to educate their children at home. It is estimated that as many as 200,000 children are home schooled in California.
Friday's 3-to-0 decision from the Second District Court of Appeal reversed a never-enforced ruling in February that severely restricted home schooling in the state. The February ruling said parents must have a teaching credential to home school their children. Brad Dacus is president of Pacific Justice Institute, which challenged the February decision. "It is possible that the opposing side could appeal this decision to the State Supreme Court," Dacus contends. "That is not a guarantee, and it is quite possible that this may be, in fact, a standing decision."
Last week's ruling means parents do not have to obtain state credentials in order to home school. The court also acknowledged that a state prohibition on home schooling would intrude on parents' constitutional right to direct their children's education, and that that any limit on that right would be presumed unconstitutional. Several groups, including the Home School Legal Defense Association, teamed up to present the court with information on the constitutional right of parents to educate their children at home. It is estimated that as many as 200,000 children are home schooled in California.
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