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Events of Interest
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On
October 13, 2009 Governor Arnold Schwarzenegger
signed into law Assembly Bill 66: (Anderson) Pupil Work Permits,
a new law which will take effect on January 1, 2010.
You
may read the complete Bill here
To
summarize briefly, this new law will allow private schools to
issue work permits to students. However, the California Department
of Education has to establish some procedures to implement the
new law's requirements. For example, the CDE will need to provide
a means of making the work permit forms available to private
schools. Therefore, all of the details on how to comply with
the new law and how to properly have a work permit issued to
your student have not yet been completed, though those questions
are already being asked. We anticipate having more details before
the new law goes into effect on January 1, 2010. Please continue
to check on this page for more updates closer to that date.
SPECIAL
NOTE: Work permits which have already been issued for the
2009/2010 school year (or which will be issued before January
1, 2010) will continue to be valid until the end of the school
year.
California Homeschool Network
Legislative and Legal Rights Advocacy Committees
On September 23, 2008 Natural News incorrectly
reported online that a ruling made homeschooling illegal in
California. They were notified of their error, and have printed
a retraction. Homeschooling remains legal in California, and
California homeschoolers will be filing their private school
affidavits between October 1 and 15 as they have for years.
CHN has filing
instructions to assist homeschoolers on our "How to Homeschool"
pages.
Court Ruling: California statutes permit
homeschooling!
CHN
would like to thank Jerry Salcido and his team of attorneys
at Baker & McKenzie LLP for the outstanding job they performed
in representing the members of California Homeschool Network.
They worked for months with the attorneys from HSC and CHEA,
to defend our right to continue to homeschool legally in California.
August 8 update from CHN's attorney, Jerry
Salcido: The Cailifornia Court of Appeal, Second Appellate District,
Division Three issued its ruling in the In re Rachel L. case.
In Feburary 2008 this same court issued an opinion that held
that California parents can homeschool their children only if
they hold a valid teaching credential. The court vacated its
February 2008 decision by agreeing to rehear the case. In addition
to hearing from the parties on rehearing, the court also invited
numerous friends-of-the-court, known as "amicus curiae" to provide
legal argument. The court heard argument from the parties and
the amicus curiae on June 2, 2008 for more than 2 hours.
Today's court ruling held that (1) California statutes permit
home schooling as a species of private school education; and
(2) the statutory permission to home school may constitutionally
be overridden in order to protect the safety of a child who
has been declared a dependent.
Homeschooling, therefore, remains a legal educational option
in California.
The entire 44 page document is here: Opinion on Rehearing, filed
8/8/08
Schools
Chief Jack O'Connell Issues Statement On Court Ruling That
Home Schooling Is Allowed Under California Law.
Parents may home-school children without teaching credential, California court says: Gov. Schwarzenegger praises the reversal by the 2nd District Court of Appeal as a victory for students and parental rights.
Court backs off ruling that restricted home schooling.
Parents have the right to home school, state court says.
Court Reverses Itself, California Parents Can Homeschool Without Teaching Credentials.
Appeals court backs home schooling by noncredentialed parents.
Court Says Homeschooling OK in California.
Harman backs 'right' to home school children.
Time Magazine:
A Homeschooling Win in California.
The Wall Street Journal:
Homeschool Victory.
On
February 28th, the court document In re Rachel L. was published.
On March 25th, that ruling was vacated, and the California
Court of Appeal granted a rehearing, scheduled for June 23,
2008. Counsel for the three state groups, CHN, CHEA, and HSC,
were present at the hearing, and were granted time to speak.
CHN
was very concerned about the initial ruling, and is hopeful
that the court will recognize that the interpretation of Califorinia
law, as understood by homeschoolers for decades, is correct,
and that no change in California law regarding the teaching
of children privately at home is needed. Homeschooling by
using one of the alternatives to public school currently available
under California law remains legal.
After the hearing, CHN Trustee Karen Taylor described her
experience at the hearing to the members of CHN's two largest
email lists:
"The
court of appeals rehearing was today, in Los Angeles. We were
expecting this to be a closed hearing, but it was open, and
members of the press were there. The line was long, waiting
to get in the courtroom, and there was some concern that we
would not all get in. Those from the state homeschooling groups
were really glad when they kept on counting past us, meaning
we were going to be allowed to observe the proceeding.
CHN, CHEA, and HSC had many attorneys present, and they travelled
quite a distance to be there. I think it was good that so
many of them were able to hear the arguments.
The hearing began at 10:00 am and it was supposed to go for
2 hours. Instead, it went on for an additional 45 minutes,
and that was at the discretion of the three judges. There
were 12 attorneys who spoke and each had an agreed upon time
limit. But, the judges were very involved and often stopped
them and asked questions. It was very interactive, and the
judges were attentive. They also made references to some of
the amicus briefs, and were very knowledgeable.
Our state groups had an attorney present to speak on behalf
of California homeschoolers. She spoke for 15 minutes, which
was longer than the court expected for her, but when it was
noted that she had gone over (because so many questions were
asked), one of the judges asked if she had anything else to
add because "Your argument has been excellent so far." That
was very nice to hear! I think her points were some of the
best received of the day.
I know everyone who was present will take something different
from the day. For me, it seemed that the judges are trying
to do what they feel is best. At one point, one of them said
"Keep in mind this court has an obligation to interpret the
intent of the legislature, and it is a huge burden." Right
before they left the courtroom, one of them thanked those
in the courtroom for appearing and being diligent in providing
information, and said that the issues are monumental. It appears
that they have an understanding of the significance of their
decision. Homeschoolers in California as well as the nation
hope that they'll reach a favorable decision."
Credentialed
Teachers Show Support!
Credentialed
teachers, here is a way to have your voice heard. Please sign
our new petition
to show your support of homeschooling. As teachers are signing
the petition, they are leaving some great comments! Check
out the comments
here!
Statement
of the California Association of Private School Organizations
on the In re RACHEL L Decision
May 20, 2008
The Appellate Court has accepted the brief filed by California's
three statewide membership groups, CHN, CHEA and HSC. CHN
issued this press release.
May 19, 2008
California Attorney General Jerry Brown files an amicus
curiae brief
on behalf of Governor Schwarzenegger supporting the rights
of California parents to teach their children at home.
May 19, 2008
Liberty Counsel files brief
on behalf of nineteen members of the United States Congress.
May 14, 2008
The
Daily Breeze published a letter to the editor from Assemblyman
Ted Lieu in support of homeschooling.
April 4, 2008
CHN, CHEA, and HSC (the California groups) have agreed to
file a joint amicus brief. It is our hope that the unified
voice of California homeschoolers will be heard by the court.
Each organization is represented by law firms who are working
together on this joint brief. CHN is represented by Baker
and McKenzie LLP.
April
2, 2008
CHN
announced a petition
for credentialed teachers in support of homeschooling.
March
26, 2008
Court of Appeals Grants Rehearing
On
March 25, the court of appeals vacated the In re Rachel
ruling and will be rehearing the case. This means that the
February 28, 2008 In re Rachel ruling will not apply to
any homeschoolers. Court
document 3/25/2008
March
26, 2008
California
homeschool organizations unite to protect our right to homeschool.
View our joint
statement.
March
24, 2008
A
statement from the California Office of the Secretary of
Education
"My feeling is very much in line with the governor in that
it is a parental choice as to how they will educate their
children," said Chris Bertelli, assistant secretary of education.
"To require a credential for a parent that is home-schooling
is ludicrous." "No other state in the country requires a
credential," Bertelli said. "It would be nearly impossible
to enforce and would do so much more damage than good."
A statement from the LA County
Department of Education
"As long as they are a private school registered with the
state then as far as we are concerned they are a legal home
school," said Victor Thompson, director of student support
service for the L.A. County Department of Education.
Both quotes from: Homeschoolers Give Courts Bad Marks Whittier
Daily News
March
17, 2008
"Did you know that
the sky is not falling in California? Homeschooling is still
“legal” there, believe it or not." Read an opinion written
by a homeschooling attorney - http://www.nheld.com/BTN60.htm
March 12, 2008
Assembly
Member Joel Anderson offers Homeschool Resolution and Petition
http://www.supporthomeschools.org/
March
11, 2008
CHN's Letter of Support to Assembly Member Joel Anderson
March
11, 2008
SCHOOLS
CHIEF JACK O'CONNELL ISSUES STATEMENT REGARDING HOME SCHOOLING
IN CALIFORNIA
"I have reviewed this case, and I want to assure parents that
chose to home school that California Department of Education
policy will not change in any way as a result of this ruling.
Parents still have the right to home school in our state."
The entire statement can be viewed here.
To
read more about this case,
consider the following resources:
Press
Releases
Press
Release from Supt. Jack O'Connell's office
Press
Release from Assemblyman Guy Houston's office
Governor
Schwarzenneger's Press Release supporting homeschooling
Selected
News Stories
Parade
Intelligence Report Poll: Should parents need teaching credentials
to home-school their kids? 95% say no, with over 52,000 having
voted. This poll is still open, and the number of "NO" votes
continue to pour in!
CHN
Press Page And News Feed
The
San
Francisco Chronicle article -1200 responses and counting!
NPR
All Things Considered Radio Show
Home
is Where the School is
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The information on this page was not prepared by an attorney, and is not implied to be legal advice. |
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