Response from Senator Battlin on Homeschooling in California (In re: Rachel L.)

In reponse to the California homeschooling decision (In re Rachel L.) that appears to have effectively outlawed homeschooling in California (see my post here), I contacted Senator Jim Battlin by email.

In this email I asked him to support Assemblyman Joel Anderson's resolution asking the Legislature to call on the California Supreme Court to reverse the Second Appellate Court's opinion.

I got what appears to be a nicely worded personal and supportive response from Senator Battlin's Chief of Staff.

I am including both my email and the response below.

My email:
Dear Senator Battlin:

(First, before you read this Senator, I want you to know that this is a peronsally composed letter, not a form letter. If you are in doubt, you can call me at xxx-xxx-xxxx.)

I want you to be a co-sponsor of Assemblyman Joel Anderson's homeschool resolution wherein the California State Legislature calls on the California Supreme Court to reverse the opinion of the Second Appellate Court in Los Angeles.

In short, as a public school K12 teacher (who holds a doctorate degree), I agree that the State has a compelling interest to ensure that children are well educated, but the State does not have a compelling interest to dictate the manner of this education. The Second Appellate Court's decision casts too wide a net and represents over-reaching by the State.

In their opinion in the 28 February 2008 case In Re: Rachel L., the Court concluded that homeschooling parents Jonathan and Mary Long must stop homeschooling their children. The Court went further and ruled that parents in the State of California cannot homeschool their children, stating that children must be (a) in a "public full-time day school," or (b) a "private full-time day school," or (c) be "instructed by a tutor who holds a valid state teaching credential for the grade being taught."

The Court ruled that the Jonathan and Mary Long's "sincerely held religious beliefs" are "not the quality of evidence that permits us to say that application of California's compulsory public school education law to them violates the First Amendment Rights." In short, the family's religious beliefs were not sufficiently important to the Court. In fact, Justice H. Walter Croskey of the Court wrote that "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 fines or an order to complete a parent education and counseling program."

Again, want you to co-sponsor of Assemblyman Joel Anderson's resolution calling on the California Supreme Court to reverse the onerous decision of the Second Appellate Court in Los Angeles.

Sincerely,

Jarrod J. Williamson, Ph.D.


The Chief of Staff's Response
Dear Dr. Williamson:

Thank you for contacting Senator Battin regarding home schooling in California, and for taking the time to craft a very personal message. He very much appreciates you taking the time to share your thoughts with him on this issue.

As you probably already know, on March 11, State Superintendent of Public Instruction Jack O'Connell announced that the California Department of Education completed a legal review of the February 28 California Court of Appeal ruling regarding home schooling. State Superintendent O'Connell issued a statement supporting the right to home school in California and indicated that the policy of the Department will not change as a result of the ruling.

However, in an effort to strengthen the rights for parents to home school, Senator Battin is indeed also a proud co-author of ACR 115 (Anderson). This bi-partisan resolution calls upon the California Supreme Court to reverse the opinion that home schooling without a teaching credential is not legal. Senator Battin represents a large constituency of home schools and share your concern with the ruling. He fully supports and respects the dedication of the families who choose to educate their children at home. In fact, one of his staff members has chosen to home school within their family, so this is an issue near and dear to the Senator’s heart.

Finally, I would like to invite you to subscribe to the Battin NewsNet – a daily informational email service that is provided to ensure community leaders and concerned citizens like you are kept abreast of the many critical issues impacting our State, region and local community. Additionally, Senator Battin often sends out updates on subjects like the state budget, transportation, education and other issues of concern. If you do not already subscribe, I would encourage you, your friends and colleagues to sign-up for this free service today. You can do so by simply going to www.BattinNewsNet.com.

Thank you again for your email. If you have any other state related concerns, please contact Senator Battin’s office again.

Kim Glassman
Chief of Staff
Office of Senator Jim Battin