The February decision stemmed from a 2-year-old child-dependency case involving Mary and Phillip Long, who were referred to the Los Angeles County Department of Children and Family Services over allegations that included physical abuse of one of their eight children by the father. The children were home-schooled.
Court-appointed lawyers for two of the Longs' younger children asked that the parents be ordered to enroll them in public school as a safeguard against future abuse. The trial judge refused, saying parents have an absolute constitutional right to teach their children at home.
The appeals court rejected that proposition but granted a rehearing after an outcry from the public and politicians.
In Monday's hearing, Patricia Bell of the Children's Law Center of Los Angeles argued that the courts have "extremely broad powers" to overrule parents when children's safety is at risk.
"This is not an outlandish or unreasonable request," agreed Judith A. Luby, representing DCFS.
There is no specific language in the state education code regarding home schooling. The state Department of Education has allowed it as long as parents file paperwork with the state establishing themselves as private schools, hire credentialed tutors or enroll their children in independent study programs.
But the department leaves most enforcement to local school districts, which, according to the arguments Monday, do little to ensure uniform quality of home instruction.
Several of the justices suggested that the Legislature had foisted the decision on the courts by failing to intervene.
"Do you agree that the Legislature has been somewhat derelict in not making this clear?" Justice H. Walter Croskey asked one attorney during the hearing. Advocates said they did not favor legislation, believing the current law is adequate.
After the hearing, several observers said it was hard to tell which way the court was leaning. The justices repeatedly pressed lawyers on both sides to specify exactly what they should do.
"All of you recognize the issues before us are monumental," said Presiding Justice Joan Dempsey Klein in wrapping up the proceedings. "We're as frustrated as you are."
A decision is expected within 90 days.
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gale.holland@latimes.com
