SACRAMENTO — State Superintendent of Public Instruction Jack O'Connell announced today that the California Department of Education (CDE) has submitted a brief to the California Court of Appeal addressing the Court's recent ruling on whether parents may home school their children. As part of its review of the case Rachel L. et al., the Second Appellate District Court of Appeal, Division Three, asked the CDE to respond to several questions concerning the California Education Code and the practice of home schooling. Please see the attached brief.   

"I am pleased that the Court is seeking input from the California Department of Education during its review of this case," O'Connell said. "Based on our review of the law, parents are allowed to qualify as a private school and to teach their children in their own homes as long as the children's educational opportunities are being met. School districts in our state have the responsibility to ensure that students in their local communities are getting that opportunity whether in a public, private, or home school environment.

"Every child in our state has a legal right to get an education, and I want every child to get an education that will prepare him or her for success in college and the challenging world of work in our competitive global economy.

"California's free public school system provides a range of educational options for students. In additional to traditional public school programs, students in California can take independent study classes, attend charter schools, or participate in independent study programs. However, I recognize and respect that some parents choose to send their children to private schools or to home school their children.

"Under current law, parents may home school their children if they hold credentials or if they qualify as ‘private schools.' The state appellate court ruling last February has increased uncertainty and confusion about the legal status of home schooling. I hope that upon completion of this review, the Court will clearly affirm the circumstances under which parents may home school their children in our state."