III 

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 


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•SRES 572 IS 

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 


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•SRES 572 IS 

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 

1 Resolved, That the Senate— 

2 (1) commends the Court of Appeal for the Sec3 ond Appellate District of California, in Los Angeles, 

4 California, for allowing a rehearing in the case of In 

5 re Rachel L., 73 Cal. Rptr. 3d 77 (Cal. Ct. App. 

6 2008); and 

7 (2) calls upon the court to uphold the Supreme 

8 Court’s opinion that parents have a fundamental 

9 and constitutional right to direct the upbringing and 

10 education of their children. 

Æ 


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