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Legal Commentary

: Prawfs

Home schooling no more (in California)?

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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The L.A. Times has this story about a recent ruling by an appellate (state) court in California:

Parents who lack teaching credentials cannot educate their children at home, according to a state appellate court ruling that is sending waves of fear through California's home schooling families.

Advocates for the families vowed to appeal the decision to the state Supreme Court. Enforcement until then appears unlikely, but if the ruling stands, home-schooling supporters say California will have the most regressive law in the nation. . . .

"Parents do not have a constitutional right to home school their children," wrote Justice H. Walter Croskey in a Feb. 28 opinion signed by the two other members of the district court. "Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program."

Phillip Long said he believes the ruling stems from hostility against Christians and vowed to appeal to the state Supreme Court. . . .

Thoughts?  Predictions?

Full post as published by Prawfs on March 06, 2008 (boomark / email).

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