A state appellate court Friday morning backed off a ruling that severely restricted home schooling in California.
The new decision from the 2nd District Court of Appeal says California law permits home schooling, but that the permission can be overridden when a court has determined that the safety of a child is at issue.
In February, the 2nd District Court of Appeal ruled parents must have a teaching credential in order to home-school their children.
The ruling was denounced by state Superintendent of Public Instruction Jack O'Connell, Gov. Arnold Schwarzenegger, legislators and untold numbers of home-school advocates. A month later the court agreed to rehear the case in June, voiding the original 3-0 decision before any actions had been taken to enforce it.
The court's February opinion, which stemmed from a Los Angeles County child-abuse case, said parents had no constitutional right to home-school. Opponents said the order violated a fundamental right of parents to educate their children without state interference.
Estimates on the number of home-schooled children in California range from 100,000 to 200,000. To home school their children, parents have been required to file a private school affidavit, which essentially establishes their home as a school, hire a credentialed tutor, or enroll them in an independent studies program run by an established school while teaching them at home.
Jeff Ristine: (760) 737-7578;
jeff.ristine@uniontrib.com
