Homeschooling Decision “Do-Over”
How the latest headline court case might change your child’s school year

By Shelly Bokman

For the past several months the California homeschooling community has been in an uproar. It started in February 2008, when an appellate court in Los Angeles issued a decision stating that California’s homeschool students must be taught by credentialed teachers, potentially affecting approximately 200,000 kids. Needless to say, most moms and dads do not have a teaching credential—thus the controversy.

Many states have specific laws about homeschooling, but California does not, leaving much open to interpretation. Prior to the February court decision, the law as it pertains to homeschooling—ambiguous as its wording may be—seemed to serve homeschooling students just fine. Most educators and parents believe that children who homeschool are meeting the educational standards required by state law, and Governor Schwarzenegger, Jack O’Connell (the state's Superintendent of Public Instruction), and all of the statewide homeschool support groups quickly went on record in support of this assertion.

With the assistance of pro bono legal counsel, homeschooling groups filed amicus briefs, and the appellate court has agreed to hold a new hearing on the matter this summer. That said, with the pace of the court system being what it is, we will have to wait until fall to hear the new decision.

Whenever a court agrees to rehear a case, the opinion it wrote the first time around is, for all intents and purposes, disregarded. That means that state law regarding homeschooling is exactly as it was before the February decision, leaving you free to teach your child at home—at least until October, when the new decision is expected.

You can play it safe for the ’08-’09 school year by enrolling your child in an independent study or home study program offered by a school district in your area, or by a public charter school, since this is considered legally equivalent to enrolling him in public school. Programs vary as to how much control they have over curriculum and classes, and how much input parents have, but there are so many programs now available, chances are you can find one that meets your needs.

To stay up-to-date on this unfolding legal saga, check out these online resources:
Homeschool Association of California: www.hsc.org
Homeschool Legal Defense Association: www.hslda.org