Monday, May 19, 2008

Liberty Counsel Files Brief in California Homeschool Case on Behalf of Members of United States Congress

Tomorrow, on behalf of 19 members of the United States Congress, Liberty Counsel will file a 57-page brief with the California Court of Appeal in the homeschooling case known as In re Rachel L, et al. v. The Superior Court of Los Angeles.

On February 28, 2008, the California Court of Appeal ruled that parents who lack teaching credentials do not have the statutory or constitutional right to school their children at home. The decision immediately caught the attention of the Nation and was the subject of sharp criticism.
Representative Howard McKeon (CA-25) introduced H. Res. 1076, calling on the courts to uphold the fundamental and constitutional right of parents to direct the upbringing and education of their children. On March 25, 2008, the Court of Appeal agreed to rehear the case.

The brief by Liberty Counsel on behalf of members of Congress overviews home education laws of all fifty states and the District of Columbia. Homeschooling is legal in every state and the District of Columbia. In 1925, the United States Supreme Court recognized the rights of parents to direct the education of their children. The High Court stated: "The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."

The members of Congress represented by Liberty Counsel include: Ken Calvert (CA-44), John Campbell (CA-48), David Davis (TN-1), John Doolittle (CA-4), Tom Feeney (FL-24), Randy Forbes (VA-4), Trent Franks (AZ-2), Robin Hayes (NC-8), Wally Herger (CA-2), Jim Jordan (OH-4), Doug Lamborn (CO-5), Dan Lungren (CA-3), Thaddeus McCotter (MI-11), Howard McKeon (CA-25), Gary Miller (CA-42), Marilyn Musgrave (C0-4), Ed Royce (CA-40), Pete Sessions (TX-32), and Mark Souder (IN-3).

Parents have a fundamental right to direct the education of their children. This right includes the decision to school their children at home. We must assume that parents will act in the best interest of their children and that parents, not the government, know what is best for their children. Homeschooling has become phenomenally successful. Homeschooled children routinely out-perform children educated in the public schools. Some of the brightest minds in American history were homeschooled.

Read the Brief.