“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw—the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins said Friday.
The appellate court remanded the case for further proceedings and said it was not “moot.”
The court did rule against 14 parents and one student who challenged a previous district court ruling and said the parental rights regarding education in private schools did not hold for public school parents.
“We hold that the district court properly rejected the substantive due process claims of those Plaintiffs who challenge California’s decision to temporarily provide public education in an almost exclusively online format,” Collins said.
The Ninth Circuit judge argued that both the Supreme Court and the California court have yet to “recognize a federal constitutional right” to have the state “affirmatively” provide education in a specific format, meaning public education could still be taught in-person or online.
Harmeet Dhillion, founder of the Dhillon Law Group, said it would continue to challenge Newsom’s order as it pertains to public schools.