Roughly six months after ruling that parents in the state of California must be certified teachers to continue their practice of homeschooling, the three judges who sit on the California Court of Appeal for the Second Appellate District reversed their decision.

“It is unusual for an appellate court to even grant a petition for rehearing as this court did in March,” said Home School Legal Defense Association Chairman Mike Farris, “but it is truly remarkable for a court to completely reverse its own earlier opinion.”

When the court vacated its earlier decision on March 25, 2008, it invited interested organizations to file friend-of-the-court briefs.

“I have never seen such an impressive array of people and organizations coming to the defense of homeschooling,” said Farris, who was one of the attorneys who argued the case on rehearing along with Alliance Defense Fund attorney Jeff Shafer, who represented the father. The father was also represented by Gary Kreep of the United States Justice Foundation.

Governor Schwarzenegger also voiced his support for the new ruling — “This is a victory for California’s students, parents and education community. This decision confirms the right every California child has to a quality education and the right parents have to decide what is best for their children,” he said. “I hope the ruling settles this matter for parents and home-schooled children once and for all in California, but assure them that we, as elected officials, will continue to defend parents’ rights.”

California’s three largest homeschool organizations, California Homeschool Network, Homeschool Association of California and Christian Home Education Association, joined together in one brief to defend the right of all parents to homeschool. HSLDA, Family Protection Ministries and Focus on the Family also joined in a separate brief.

Numerous other private organizations came to the defense of home education, as did California’s governor, attorney general and superintendent of public instruction.

Unanimously, the three judges, upon hearing arguments presented by this overwhelming group of homeschooling advocates, ruled that “California statutes permit home schooling as a species of private school education.”

Contact The Voice magazine editor at editor@thevoicemagazine.com or 954-456-6032.
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