Legal Representation Announced by Homeschool Associations
Dateline: 3/10/08
By Ann Zeise
HomeSchool California (HSC) Announcement
I am thrilled to announce that we been offered help by two of the best law firms in the state (and country). The firms will be helping us on a pro bono basis. That means they will donate (very expensive) attorney time to help us figure out the best strategies for dealing with the court issues, and they will help us prepare and file the letters and briefs that we need. Wilson, Sonsini, Goodrich & Rosati, which is headquartered in Palo Alto, will be representing the HomeSchool Association of California. They had helped HSC back in some of the dark days of Delaine Eastin's time, and their thorough research helped us feel more comfortable that the advice we were giving the world about private homeschooling was correct. In the spirit of full disclosure, you should know that I worked there for many years, but they made the decision to go forward because they think the case presents interesting legal issues and they'd like to be on our side. They will be working very closely with another firm, Baker & McKenzie, which has 150 offices around the world and, conveniently, one across the street from WSGR in Palo Alto. Jerry Salcido, who has been a member of the HSC legal team for several years, is an attorney at that office, and his firm has graciously agreed to donate their services as well. Because we couldn't have two firms working for HSC, Baker and CHN have agreed that CHN will be their named client. We believe that HSC and CHN's interests in this case are very similar. We have similar membership profiles, we want the same results, we both think that help from professionals in dealing with the Supreme Court will be invaluable. The firms will consult with each other to make sure they are not duplicating efforts, but that they also aren't leaving any important arguments out. They will also try to coordinate their efforts with the other groups with which HSC and CHN have been working, HSLDA, CHEA and Family Protection Ministries. I am very excited by this development. I know we're all a smart bunch of people, and maybe we could put these papers together ourselves, but experience here can make the difference. These firms have the experience. I hope you'll continue to support what we are doing. Debbie Schwarzer
Co-chair HSC legal team
California Homeschool Network (CHN) Announcement
Debbie Schwarzer of Homeschool Association of California (HSC) and I have been in daily contact this week as we discussed legal options, and we both agree that this is an important time for all groups, and especially California's two inclusive groups, to work together. There will be no wasted energy spent, because we're in agreement that we're stronger if we work together.
Debbie couldn't have illustrated this cooperation any better when two firms contacted her. At one point, we were considering being co-clients, but when a second excellent firm stepped forward, it was Debbie's suggestion that one represent HSC and one represent CHN, and that we all remain in communication so that the absolute strongest defense could be mounted. This decision would be unheard of just about anywhere, but we're firmly fixed on winning this for homeschoolers. I met with attorney Jerry Salcido of Baker & McKenzie and Debbie by phone yesterday. In addition to being an attorney, Jerry is a homeschooling dad with young children, so you can bet his heart is in this case!
For those of you who are members of Home School Legal Defense Association (HSLDA), Family Protection Ministry (FPM), or Christian Home Educator¬s Association (CHEA), you'll be pleased to know that HSC and CHN are remaining in contact with these organizations as well, and they are in agreement that having several law firms representing the various groups will strengthen the fight, so everyone remains willing to work together for the good of all. I can't tell you how pleased I am. This case is too big to be won by any one group, and the cooperation is what homeschoolers want. Naturally, each group is looking out for the interests of their members, but it's possible to do that and also work in conjunction with others, and that's what we're doing.
Karen Taylor
California Homeschool Network Legal Team
Daily legal updates
The "In re Rachel L." Decision
Note that at this time, early March 2008, we do not yet know the effect of the "In re Rachel L." decision. Expert homeschool legal advisors are looking into this decision to see what repercussions it might have.
 Legal Brief: In re Rachel L.
In this dependency case, we consider the question whether parents can legally “home school” their children. The attorney for two of the three minor children in the case has petitioned this court for extraordinary writ relief, asking us to direct the juvenile court to order that the children be enrolled in a public or private school, and actually attend such a school.
Recent California Appellate Court Decision NEW
March 6, 2008. HSC is being represented by counsel in this issue, and we will consult with them about our options and about the best strategy for limiting the impact of this decision. It is not appropriate for us to state what that strategy is, but there are actions we can take that could significantly minimize any bad results.
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