Friday, August 08, 2008

CA Appellate Court: Private Homeschooling OK

A California Appellate Court issued a ruling this morning upholding the right of Californians to homeschool "as a species of private education."

The Court wrote:

"Although the Legislature did not amend the statutory scheme so as to expressly permit homeschooling, more recent enactments demonstrate an apparent acceptance by the Legislature of the proposition that homeschooling is taking place in California, with homeschools allowed as private schools.

"Recent statutes indicate that the Legislature is aware that some parents in California homeschool their children by declaring their homes to be private schools. Moreover, several statutory enactments indicate a legislative approval of homeschooling, by exempting homeschools from requirements otherwise applicable to private schools.

"It is our view that the proper course of action is to interpret the earlier statutes in light of the later ones, and to recognize, as controlling, the Legislature's apparent acceptance of the proposition that homeschools are permissible in California when conducted as a private school."

According to World Net Daily, "The court found multiple specific provisions in state law, including one that exempts 'a parent or guardian working exclusively with his or her children' from fingerprinting requirements, that support the legitimacy of homeschooling."

The Court's bottom line: "We therefore conclude that home schools may constitute private schools."

Finally, some sound common sense from a court.


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