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Right to Homeschool Children Attacked Again in California

Despite a precedent-setting case in 2008, parents in San Benito High School District still receiving letters.

The Home School Legal Defense Association (HSLDA) reports that the right to homeschool children in California is now being attacked.

HSLDA recently reported that members in the San Benito High School District recently received a document stating that, “[U]nder California Law, a home school is not a private school, nor is it a lawful alternative to public school…”

This private school exemption has been utilized by California homeschoolers since the late 70s.  However, school districts in the area and the California Department of Education are taking the same position that San Benito High School is now assuming.  Yet despite years of opposition, the HSLDA has successfully advocated for families whose homeschooling was challenged by the education system.

In February 2008, during a confidential juvenile court case that the HSLDA was not made aware of, the Court of Appeals ruled that homeschooling in California was not legal.  Due to not being involved in this case, the appellate court wasn’t properly briefed about how legislature made provisions for parents to teach their children under the private-school option.

When the court’s opinion was published, HSLDA led a coalition asking the court to reconsider.  In August of that year, the same three judges reversed their decision citing, “California statutes permit home schooling as a species of private school education.”
The HSLDA commented on their website that they cannot comprehend how the school district- especially after this precedent-setting case- could still be sending wrong correspondence.Once the HSLDA was informed of this letter, they responded on behalf of the member families.  They explained that homeschooling is a legal exemption to public school attendance according to the private-school exemption.

The organization is encouraging homeschool advocates to join the HSLDA and continue to support the homeschooling movement.


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About Michelle C. Danko

Michelle Danko is the Editor-In-Chief for Faith Filled Family Magazine.

Satan is destroying families at an alarming rate. More and more marriages are ending in divorce and children are reaping the negative consequences of this trend. Michelle believes that our first ministry is to our family, and that everything else flows from that.

Michelle has a passion for seeing families live victoriously in Christ, and she doesn’t just write about a life with God, but she lives it as well.

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