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Home-school ruling closes Calif. 'big can of worms'

Juliana D'Amico

Issue date: 9/18/08 Section: Guide to Hillsdale
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Even though the California court ruling meant Laura Howard could not home-school her children, she still didn't seek to enroll them in school.

She had home-schooled her children Sarah and Zach, both now students at Hillsdale College, and she intended to home-school their six siblings.

"I just ignored [the ruling], and I knew that the Home School Legal Defense Aid was going to fight it," Laura said.

They did, successfully.

On Aug. 8, the District Court of Appeals reversed the original ruling that said that home-schooling parents must have teaching credentials to teach their children.

The original ruling had met with an instant outcry from the home-school community.

"The fact that [the court's ruling] was reversed shows that it there was an effective protest," Zach, a junior, said.

Assistant Director of Admissions Andrea Yeutter said that 13 percent of Hillsdale College's student population has been home-schooled.

Many students and families of Hillsdale College waited to see what would happen in this case.

Fourteen years ago, a similar bill was brought before Congress. The difference was that it applied to all home-schoolers in America, not just California.

The bill was defeated by an overwhelming majority, even before the Republicans took office in 1994.

Immediately after the California court of appeals ruled last spring that nobody could home-school a child without teaching credentials, HSLDA filed a motion for a rehearing, and that motion was granted.

Director of Media Relations for the HSLDA Ian Slatter explained that because the judge approved the motion for rehearing, filed immediately after the hearing, there was no enforcement action against home-schoolers.

"We were very involved in defending the parents' rights to home-school." Slatter said. "We were part of the team of attorneys that argued the case before the court."

This was a nation-wide fight for home-schoolers.

"The thing that was the biggest threat was the importance it has on any right," said Sarah. "Whether you're in a home-schooling community or not, it should grab your attention, and I think it did."

"HSLDA jumped right on it," Zach said. "It was a big precedent for such a big state like California."

Laura Howard said if the courts were to enforce the ruling, action would not have targeted just home-schoolers.

Because the ruling said every educator must have their degree, it would affect most private-school teachers and substitute teachers too.

"They were opening up a big can of worms," Laura said.

Slatter explained in California law, home-schooling had been treated similarly to private schooling, and this recent ruling requiring home-schoolers' parents to have a education certification from the state, unlike ever before in California educational laws.

"Aug. 8 was when the new decision came down, and there was a lot of interest," Slatter said. "A lot of organizations filed amicus briefs, and the HSLDA was part of that group."

Just in time for the new school year, Slatter said the court returned to the home-schooling law that's been in place for the past thirty years.

"We're obviously very pleased at the outcome." Slatter said. "It is the most significant outcome for the home-schooling community in 14 years."
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