California Appeals Court Clears the Way for Homeschooling

"We're pleased the appeals court recognized the rights of parents to provide education for their children," - Jay Sekulow, chief counsel of the ACLJ

WASHINGTON, Aug. 8, 2008—Friday, a California appeals court overturned a previous decision and cleared the way for parents to homeschool their children.  The American Center for Law and Justice (ACLJ), which focuses on constitutional law, filed an amicus brief in the case in support of homeschooling.

"This decision reaffirms the constitutional right that's afforded to parents in directing the education of their children.  It's an important victory for families who cherish the freedom to ensure that their children receive a high quality education that is inherent in homeschooling," said Jay Sekulow, chief counsel of the ACLJ.

The 2nd Appellate District in Los Angeles today ruled that state law does permit homeschooling "as a species of private school education" and concluded "home schools may constitute private schools." 

The appeals court stated:  "Parents possess a constitutional liberty interest in directing the education of their children, but the right must yield to state interests in certain circumstances." 

The ACLJ filed a friend-of-the-court brief in May urging the appeals court to protect the right to homeschool and argued that the right of parents to homeschool their children is derived from both the Free Speech and Free Exercise Clauses of the First Amendment. 

You can read the ACLJ amicus brief here:  http://www.aclj.org/media/pdf/ACLJ_CAHomeschoolBriefRachelL_052208.pdf

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  The ACLJ's online newsroom can be accessed at www.DeMossNewsPond.com/ACLJ.

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