[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 572 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
S. RES. 572

 Calling upon the Court of Appeal for the Second Appellate District of 
   California to uphold the fundamental and constitutional right of 
   parents to direct the upbringing and education of their children.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2008

Mrs. Dole submitted the following resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Calling upon the Court of Appeal for the Second Appellate District of 
   California to uphold the fundamental and constitutional right of 
   parents to direct the upbringing and education of their children.

Whereas the modern homeschool movement in the United States demonstrates that 
        homeschooled children are a vital component of the United States 
        education system;
Whereas homeschool graduates act responsibly as parents and as students in 
        colleges and universities, are valuable in the workplace, and are 
        productive citizens in society at large;
Whereas many studies confirm that children who are educated at home score 
        considerably above the national average on nationally-normed achievement 
        tests, and above the average on both the SAT and ACT college entrance 
        exams;
Whereas homeschooled children, such as 2007 Heisman Trophy winner Tim Tebow, are 
        receiving national recognition for their victories in national 
        competitions, such as national spelling bees and geography bees, and are 
        being highly sought after by nationally-recognized colleges and 
        universities;
Whereas homeschooling families contribute significantly to the cultural 
        diversity important to a healthy society;
Whereas notable individuals such as Benjamin Franklin, John Quincy Adams, 
        Patrick Henry, Ansel Adams, Charles Dickens, and General Douglas 
        MacArthur all received a high-quality education at home;
Whereas over 2,100,000 children are being homeschooled nationwide;
Whereas the Supreme Court has ruled that parents have a fundamental and 
        constitutional right to direct the upbringing and education of their 
        children, in the cases of Pierce v. Society of Sisters, 268 U.S. 510 
        (1925), Meyer v. Nebraska, 262 U.S. 390 (1923), and Wisconsin v. Yoder, 
        406 U.S. 205 (1972);
Whereas on February 28, 2008, the Court of Appeal for the Second Appellate 
        District of California, in Los Angeles, California, issued an opinion in 
        the case of In re Rachel L., 73 Cal. Rptr. 3d 77 (Cal. Ct. App. 2008), 
        that homeschool parents who did not hold a teaching credential could not 
        legally homeschool their children;
Whereas the initial decision by the Court of Appeal in that case would have had 
        an adverse impact on approximately 166,000 children in California who 
        are receiving a quality education at home; and
Whereas on March 25, 2008, the Court of Appeal granted a motion for rehearing in 
        the In re Rachel L. case, with respect to the decision that required 
        parents to hold a teaching credential in order to legally homeschool 
        their children: Now, therefore, be it
    Resolved, That the Senate--
            (1) commends the Court of Appeal for the Second Appellate 
        District of California, in Los Angeles, California, for 
        allowing a rehearing in the case of In re Rachel L., 73 Cal. 
        Rptr. 3d 77 (Cal. Ct. App. 2008); and
            (2) calls upon the court to uphold the Supreme Court's 
        opinion that parents have a fundamental and constitutional 
        right to direct the upbringing and education of their children.
                                 <all>