'Breathtaking' decision on homeschooling now moving to California Supreme Court

March 5, 2008 - A “breathtaking” ruling from a California appeals court that could subject the parents of 166,000 students in the state to criminal sanctions will be taken to the state Supreme Court.

The announcement comes today from the Pacific Justice Institute, whose president, Brad Dacus, described the impact of the decision as "stunning".

"The scope of this decision by the appellate court is breathtaking," he said. "It not only attacks traditional homeschooling, but also calls into question homeschooling through charter schools and teaching children at home via independent study through public and private school."

"If not reversed, the parents of the more than 166,000 students currently receiving an education at home will be subject to criminal sanctions," he said.

The decision from the 2nd Appellate Court in Los Angeles granted a special petition brought by lawyers appointed to represent the two youngest children after the family's homeschooling was brought to the attention of child advocates. The lawyers appointed by the state were unhappy with a lower court's ruling that allowed the family to continue homeschooling and challenged it on appeal.

Justice H. Walt Croskey, whose opinion was joined by two other judges, then ordered: "Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction and subject to imposition of fines or an order to complete a parent education and counseling program."