[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[Senate]
[Pages 10187-10188]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 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

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

                              S. Res. 572

       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;

[[Page 10188]]

       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.

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