For purposes of our analysis, however, there is an enormous difference. The Constitution is the ultimate authority for all laws. If a statute violates that document, the statute itself is illegal and can't be enforced. But as a matter of policy, the courts prefer not to deal with constitutional issues, if possible. As you'll see in Part 3, there are quite a number of serious constitutional issues raised by an anti-homeschooling interpretation of the Education Code.
Parents arguably have a fundamental right to homeschool their kids.
The point here is that if the Code can be construed in such a way as to permit homeschooling, it should be done. All rights reserved. HSC does not give legal advice. Articles pertaining to legal or legislative issues are for your information only.