JONATHAN L. v. SUPERIOR COURT

No. B192878.

165 Cal.App.4th 1074 (2008)

JONATHAN L. et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Three.

August 8, 2008.


Attorney(s) appearing for the Case

Children's Law Center of Los Angeles, Cameryn Schmidt, Christine Caldwell, Patricia G. Bell, Diana Rodriguez; and Lori A. Fields for Petitioners, Jonathan L. and Mary Grace L.

Aida Aslanian for Real Party in Interest, Mother, Mary L.

United States Justice Foundation, Gary G. Kreep; Alliance Defense Fund, Timothy D. Chandler, Jeffrey A. Shafer; and Christopher Blake for Real Party in Interest, Father, Phillip L.

Raymond G. Former, Jr., County Counsel, James M. Owens, Larry Cory, Assistant County Counsel, and Judith A. Luby, Deputy County Counsel, for Real Party in Interest, Los Angeles County Department of Children and Family Services.

No appearance for Respondent.

Pacific Justice Institute, Kevin T. Snider, Brad W. Dacus, Karen D. Milam and Matthew B. McReynolds for Sunland Christian School as Amicus Curiae.

Sharon L. Browne and Damien M. Schiff for Pacific Legal Foundation, Kent Hayes and Anne Hayes as Amici Curiae.

Jay Alan Sekulow, Stuart J. Roth, Colby M. May, James M. Henderson, and Walter M. Weber for American Center for Law & Justice as Amicus Curiae.

Dean R. Broyles and James M. Griffiths for Western Center for Law & Policy, as Amicus Curiae.

Richard D. Thorn for American Civil Rights Union, as Amicus Curiae.

Jason R. Craddock for Christian Leaders as Amicus Curiae.

Dickenson, Peatman & Fogarty, and Matt Eisenberg for Jewish Homeschoolers of Napa and Sonoma Counties as Amicus Curiae.

Baker & McKenzie, Tod L. Gamlen, Gerald M. Salcido, George Kimball, Stefan R. Spich and Erik C. Mazza for California Homeschool Network as Amicus Curiae.

Wilson Sonsini Goodrich & Rosati, Douglas J. Clark, Diane M. Walters, Benjamin M. Crosson and Crystal M. Gaudette for Homeschool Association of California as Amicus Curiae.

Munger, Tolles & Olson, Kristin L. Myles, James C. Rutten and Victoria L. Boesch for Christian Home Educators Association of California as Amicus Curiae.

Bingham McCutchen, John Reese, Thomas S. Hixson and Tanya K. Dumas for Gifted Homeschoolers Forum as Amicus Curiae.

Morrison & Foerster and Sean P. Gates for Grace Christian Academy as Amicus Curiae.

GCA Law Partners and Deborah R. Schwarzer for Arbor Academy, Beach High School, Excellence In Education, AtoZ Home's Cool, Homefires-Journal of Homeschooling Online, and Northern California African American Homeschooler's Association as Amici Curiae.

J. Michael Smith, Darren A. Jones and Michael P. Farris for Home School Legal Defense Association, Focus on the Family and Private and Home Educators of California as Amici Curiae.

John C. Eastman and David L. Llewellyn, Jr.; and Erwin Chemerinsky for Center for Constitutional Jurisprudence as Amicus Curiae.

Freedom Law Group, Nicholas P. Miller and Alan J. Reinach for Seventh-day Adventist Church State Council as Amicus Curiae.

Goodwin Procter, Brooks R. Brown, Michelle Gonnam and John Affeldt for Public Advocates, Inc. as Amicus Curiae.

Brian R. Chavez-Ochoa for National Legal Foundation as Amicus Curiae.

Daniel E. Witte for Sutherland Institute as Amicus Curiae.

Priscilla S. Winslow for California Teachers Association as Amicus Curiae.

Liberty Counsel, Mary E. McAlister, Mathew D. Stayer, Anita L. Stayer and Sarah E. Seitz for Members of United States Congress as Amici Curiae.

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Karin S. Schwartz and Gregory D. Brown, Deputy Attorneys General, for the Governor of the State of California and the Attorney General of the State of California as Amici Curiae.

Marsha A. Bedwell, Amy B. Holloway and Michael E. Hersher for Superintendent of Public Instruction and the California Department of Education as Amici Curiae.

Jess Womack, Rochelle J. Montgomery, Kelly R. Barnes; Fagen Friedman & Fulfrost, Howard Friedman and Emilia C. Huntley for Los Angeles Unified School District as Amicus Curiae.


OPINION

CROSKEY, J.

In this dependency case, we consider the legality of, and restraints upon, home schooling in California.1 We will conclude that: (1) California statutes permit home schooling as a species of private school education; and (2) the statutory permission to home school may constitutionally be overridden in order to protect the safety of a child who has been declared dependent.

As indicated...

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