Under the Bishop of Arlington Nationally Accredited by the Southern Association of Colleges and Schools

Dear California Families:

Recently a California court handed down a very misguided ruling which has the appearance of “outlawing” homeschooling in the state of California. This decision has so many problems with it that it is impossible to deal with them adequately in this space. Let me make a few points about the decision.

First, it is contrary to almost 100 years of United States Supreme Court precedents which have held that parents have the right to determine the educational choices for their children. This decision holds that parents do not have that right. Children would have to be sent to a school. Moreover, the decision could be interpreted to conclude that only schools that have certified teachers are “legal,” thus causing numerous Christian and Catholic private schools that do not hire certified teachers to be considered illegal!

Secondly, the state of California for decades has maintained its own “home schooling” system. This decision conveniently ignores that fact. Thousands of families across the state are enrolled in public schools yet are home schooling under the auspices of the state of California. How is this not also illegal?

Thirdly, virtually every California state organization from the Governor of California to the Department of Education has indicated that this ruling is wrong! The Governor said very clearly that if the ruling is not overturned judicially, that he and the legislature would pass a law overturning the decision and restoring parental rights. The only organization of which we are aware that favors the decision is the California Education Association (the teachers union) and they have always opposed home education.

Finally, and most importantly, the Home School Legal Defense Association will NEVER allow this ruling to stand. HSLDA has been the sword and shield to fight for and defend the rights of home educators for the last thirty years. This decision is barely two weeks old, so HSLDA simply has not had time to take action. YET! They are working on it. Please go to their Web site to see what they are doing. This situation is in flux and moving quickly. Frankly, as you read this note, things may have changed. The HSLDA Web site (www.hslda.org) is the best place for up to date information. (HSLDA also has a copy of the decision which you can download if you want to read it.)

As far as what can be done, really nothing. We feel that you are home schooling legally if you are enrolled with Seton. We have had thousands of California families home school with us and there has never been a problem. We have been filing the paperwork for our families for years without incident. We seem to have a good relationship with the department of education. No one should be hesitant about enrolling or re-enrolling.

We are receiving numerous phone calls. More than we can handle really. Please check the HSLDA Web site. If you are concerned, the only action you can take to be proactive is to become a member of HSLDA. For Seton families the cost is $95.

In the last 30 years no state has ever, through its judicial process or its legislative process, created a law which has made home schooling more difficult. In fact the contrary is true. In the last 30 years, almost 30 states have passed laws which have increased the rights of parents to home school their children. HSLDA has worked very hard to see many of these laws come into being. While HSLDA is not a perfect organization, it is the one that I would want on my side in a fight like this one. All we can do for the present is continue to home school and pray.

Update: The California Department of Public Instruction has issued a statement that homeschooling is still legal in California.