Wouldn't it involve less posturing, if the legislature and the governor
truly care about the issue, to change the outcome by simply amending the
statute upon which the Court of Appeal (not Court of Appeals, as
erroneously denominated in the resolution below) relied, rather than
calling upon the state Supreme Court to reverse the decision? If they
think the statute as it stands properly construed would allow for
homeschooling, they could designate their law a clarifying amendment. I
just don't see why they need to resort to an inter-branch appeal here
David B. Cruz
Professor of Law
University of Southern California Gould School of Law
Los Angeles, CA 90089-0071
U.S.A.
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Gordon James
Klingenschmitt
Sent: Thursday, March 13, 2008 10:13 AM
To: UCLA Law Class
Subject: [BULK] Governor and Assembly resolve to overturn CA
homeschooling decision
Importance: Low
In Answer to CA Ruling against Homeschool, Assemblyman Joel Anderson
Introduces New Resolution in Legislature
Karen England (March 12, 2008)
As we move forward with our defense of homeschooling, it is imperative
that we make our voices heard.
homeschoolers<http://www.breakingchristiannews.com/images/news/homeschoo
lingfam.jpg> Shockwaves continue to reverberate throughout the country
after last week's unbelievable Court of Appeals for the Second Appellate
District ruling that attacked parents' rights to homeschool in
California. In response to the ruling, Governor Arnold Schwarzenegger
firmly declared his belief that homeschooling should remain legal by
stating, "Parents should not be penalized for acting in the best
interests of their children's education. This outrageous ruling must be
overturned by the courts, and if the courts don't protect parents'
rights then, as elected officials, we will."
CRFI ally Assemblyman Joel Anderson has taken the first step in
protecting parents' rights to home school by introducing a concurrent
resolution in the Assembly, calling on the California Supreme Court to
reverse the lower court's decision. The text of the resolution is below.
As we move forward with our defense of homeschooling, it is imperative
that we make our voices heard.
Every concerned California resident should call their assemblyman and
senator and urge them to become a co-sponsor of Assemblyman Anderson's
homsechool resolution.
Please take just a few moments today to call your legislators and urge
them to support parental rights and home education by co-sponsoring this
important resolution. For more information, click on the link provided.
Assembly Concurrent Resolution:
WHEREAS, Some thirty years of experience with the modern homeschooling
movement in California demonstrates that home school graduates take up
responsible positions as parents, as students in and graduates of
Colleges and Universities, in the workplace, and as citizens in society
at large; and
WHEREAS, Homeschooling by California families with diverse backgrounds
has historically given children a quality education through proven,
independent approaches that nurture valuable family bonds and support
successful student development; and
WHEREAS, private homeschooling has a long and rich history in the State
of California, currently estimated as involving 200,000 students in the
State of California, and 2,000,000 students nationwide; and
WHEREAS the United States Supreme Court has ruled that parents have a
fundamental constitutional right to direct the education and upbringing
of their children (Wisconsin v. Yoder, Pierce v. Society of Sisters,
Meyer v. Nebraska); and
WHEREAS, On February 28, 2008, the Court of Appeals for the Second
Appellate District in Los Angeles issued an opinion in the case of In
Re: Rachel L. holding that homeschooling without a teaching credential
is not legal; and
WHEREAS, This misguided interpretation denies California parents'
primary responsibility and right to determine the best place and manner
of their own children's education; and
WHEREAS, The fair opportunity of California families to educate their
children should not be undermined; now, therefore, be it
RESOLVED, by the Assembly of the State of California, the Senate thereof
concurring, that the Legislature hereby calls upon the California
Supreme Court to reverse the opinion.
RESOLVED, That the Chief Clerk of the Assembly transmit copies of this
resolution to the author for appropriate distribution.
Source: Capitol Resource Institute <http://www.capitolresource.org/>
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