WHEREAS, the United States Supreme Court has ruled that parents have a fundamental constitutional right to direct the education and upbringing of their children (Wisconsin v. Yoder, Pierce v Society of Sisters, Meyer v. Nebraska); and

WHEREAS, the San Diego County Board of Education supports the exercise of this fundamental right to choose from all forms of education including public schools, private schools, and private home schooling; and

WHEREAS, pursuant to California Education Sections 33190, 48222, and 44237, the Legislature has expressly authorized "a parent working exclusively with his or her own children" to establish and operate a private school; and

WHEREAS, the California 4th District Court of Appeals, which appellate district includes the County of San Diego, has specifically approved the "home schooling" of children (Cassady v. Signorelli); and

WHEREAS, the Department of Education issued a nonbinding opinion that the California Education Code allows home schooling to be accomplished only by parents who are state-certified teachers or if the children are enrolled in a program with public-school oversight; and

WHEREAS, forbidding all parents other than those who hold teaching certificates from privately educating their own children violates the constitutionally protected fundamental right of parents as announced in Pierce, Meyer, and Yoder; and

WHEREAS, private home schooling has a long and rich history in the State of California, currently estimated as involving 100,000 students in the State of California and 1,234,000 students nationwide; and

WHEREAS, home schooled children are receiving national recognition for their victories in national competitions, such as spelling bees, and are being accepted in nationally known universities:

NOW, THEREFORE, BE IT RESOLVED that the San Diego County Board of Education will notify each member of the State Legislature and the Department of Education that it supports private home education and strongly encourages the California Department of Education to clarify the Education Code Regulations to support home schooling, which it believes was always the intent of the California Legislature; and

That it is the opinion of the San Diego County Board of Education that the Department's nonbinding opinion is contrary to law and the Constitution; and

That the San Diego County Board of Education urges the 42 school districts in San Diego County to likewise notify the State Legislature and the Department of Education.

PASSED AND ADOPTED this 25th day of September, 2002, at the regular meeting of the San Diego County Board of Education.