The California Court of Appeal has vacated their own bad decision and will
rehear the homeschooling case. ADF and PJI press releases below.....
In Jesus name,
Chaplain Klingenschmitt
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ALLIANCE DEFENSE FUND NEWS RELEASE
March 26, 2008 FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020 or www.telladf.org/pressroom
Calif. Court of Appeal agrees
to reconsider homeschooling case
Court grants petition for rehearing filed by attorneys with ADF
LOS ANGELES The California Court of Appeal agreed Tuesday to a request by
attorneys with the Alliance Defense Fund to reconsider a Feb. 28 decision
making most homeschooling a crime in the state.
Parents have a fundamental right to make educational choices for their
children, said ADF Senior Counsel Gary McCaleb. Because this ruling impacts
all Californians, we believe the case deserves a second look. We look forward
to presenting this case for rehearing.
Ruling against a child enrolled at Sunland Christian School, a private
homeschooling program, the California Court of Appeal found, in the case In re:
Rachel L., that parents who educate their children at home could be criminally
liable under California law (www.telladf.org/news/story.aspx?cid=4421).
Another look at this case will help ensure that the fundamental rights of
parents are fully protected, said ADF-allied attorney Gary Kreep of the United
States Justice Foundation (www.usjf.net).
ADF is a legal alliance defending the right to hear and speak the Truth through
strategy, training, funding, and litigation.
www.telladf.org
Pacific Justice Institute has just received word that the court ruling which
declared most forms of homeschooling unlawful in California has been vacated.
This means the Rachel L. decision, which has sparked a nationwide uproar, will
not go into effect as it is currently written. The Second District Court of
Appeal has instead decided to re-hear the case, with a new round of briefings
due in late April. It would likely take the court several additional months to
schedule oral argument and issue another decision.
Todays announcement by the court that it will re-hear the case reinforces
PJIs position that homeschooling families should continue their current
programs without fear of governmental interference. PJI will be actively
involved in the upcoming briefs and will continue to post updates and special
bulletins on this vital issue.
Brad Dacus, president of Pacific Justice Institute, commented, We are
pleased that the Court of Appeal has decided to re-hear the Rachel L. case, and
we are hopeful that the fundamental rights of these parents, our clients
Sunland Christian School, and the tens of thousands of homeschooling families
in California will be honored. Homeschooling parents should be treated as
heroesnot hunted down or harassed by their own government.
____________________________________________________________________
The Pacific Justice Institute is a non-profit 501(c)(3) legal defense
organization specializing in the defense of religious freedom, parental rights,
and other civil liberties.
P.O. Box 276600 Sacramento, CA 95827-6600
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