Guide Note:On February 28, 2008, Division Three of the Second Appellate District in California stated in a published opinion of the court that "under provisions in the Education Code, parents do not have a constitutional right to home school their children."

The case came about when one of the elder daughters of Philip and Mary Long ran away from home and alleged that her father's corporal punishment was abusive. The court subsequently ruled that two of the younger Long children, Jonathan and Mary Grace, must attend a public school or qualified private school. The Longs chose to homeschool their eight children because of "sincerely held religious beliefs...based on Biblical teachings and principles."

Homeschooling parents and supporters have been very vocal on a grass-roots level to overturn the ruling by posting videos, websites and petitions. California governor Arnold Schwarzenegger has also been outspoken about the case, stating that "This outrageous ruling must be overturned by the courts, and if the courts don't protect parents' rights then, as elected officials, we will."

Fast Facts:

1. Ruling Date: February 28, 2008
2. Case Number: B192878
3. Petitioners: Jonathan Long and Mary Grace Long (Minors)
4. Parents: Philip and Mary Long
5. Presiding: Justices H. Walter Croskey, Joan Klein, Patti Kitching
6. California Education Code Section 48220-48232 details which students are "exempted by the proper school authorities from the requirements of attendance upon a public full-time day school"
   1. "Children who are being instructed in a private full-time day school by persons capable of teaching shall be exempted."
   2. "Children who are mentally gifted and who are being instructed in a private full-time day school by persons capable of teaching...shall be exempted."
   3. "Children...who are being instructed...by a private tutor or other person in the several branches of study required to be taught in the public schools of this state and in the English language shall be exempted."
7. Approximately 166,000 homeschooled students in California

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