Court That Criminalized Home Schooling Revisits Case

A California court decided on Tuesday to reconsider the decision it made to criminalize parents for home schooling their children.

[03.27.08] A California appeals court decided on Tuesday to reconsider the decision it made last month that criminalized parents for home schooling their children without being credentialed by the state.

The Feb. 28 ruling by Second District Court of Appeal in Los Angeles set off a firestorm of controversy among citizens and politicians alike over the last four weeks, including a successful petition campaign by a home-schooling advocacy group that swiftly garnered 250,000 signatures.

“Another look at this case will help ensure that the fundamental rights of parents are fully protected,” Gary Kreep, an attorney with the U.S. Justice Foundation and the father of the home- schooled children in the case, told the San Francisco Chronicle.

It is not unusual for the appeals court to reconsider decisions, but it is unusual for the outcome to dramatically change, reported the Chronicle. The judges from the California appeals court suggested that the decision could be completely rewritten.

The California case has attracted national attention and conservative leaders across the country applauded the appeals court’s decision this week to take another look at the issue. “I firmly believe that parents have the right and responsibility to oversee the education of their children,” commented Kansas Sen. Sam Brownback.

“Home schooling is a proven method of education, and has been for generations,” he added. “Governmental bodies should not try to sweep away the options of parents to teach their children.”

The new hearing is scheduled for June.