Bill on home schooling rights urged

"This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will," he said in a written statement.

Schwarzenegger's comments about the ruling came as home schooling families and national conservative leaders expressed increased concerns over the practice that they believe every parent has a fundamental right to exercise.

On Feb. 28, the 2nd District Court of Appeal ruled that parents must have a teaching credential to home school their children. The decision has not yet gone into effect and it is unlikely to be enforced pending appeals to the state Supreme Court by attorneys representing Phillip and Mary Long, the Lynwood couple at the center of the case, and others.

The California Department of Education allows home schooling as long as parents file paperwork with the state establishing themselves as small private schools, hire credentialed tutors or enroll their children in independent study programs run by charter or private schools or public school districts while still teaching at home.

California does little to enforce those provisions and insists it is the local school districts' responsibility. In addition, state education officials say some parents home school their children without the knowledge of any entity.

The Pacific Justice Institute, which is representing a parochial school that is popular with home schoolers, including the Long family, plans to appeal the ruling.

The institute estimates that there are as many as 166,000 California students who are home schooled. State education department officials, whose Sacramento offices were picketed by home schooling families Friday, said there is no way of knowing the true number.

State Supt. of Public Instruction Jack O'Connell spoke out about the ruling for the first time Friday at a news conference in Alameda in which he reaffirmed his support for parents to educate their children as they see fit while urging them to work with institutions to ensure that their children will be successful.