Homeschooling is back.

A panel of appellate judges will revisit the case of a homeschooling Southern California family in which it ruled Feb. 28 that no Constitutional right exists to homeschool.

The Feb. 28 decision is vacated and out of force, unless and until the judges reaffirm it in a new court proceeding.

The Long family of Lynwood in Los Angeles County filed a motion that the case be reheard.

"The court will grant the petition for rehearing," the judges' panel wrote in ruling March 25 on the motion.

The Long family argued parents didn't need a credential to homeschool legally in California, because, they argued, the federal Constitution provides such a right and trumps state law. They also argued their child's taking an occasional exam at the private Sunland Christian School and receiving occasional visits at home from a Sunland official satisfied state law on compulsory enrollment. The judges Feb. 28 rejected those arguments and ordered the child to enroll full-time at a school, but not Sunland, they said, because the academy had assisted the family's breaking state law.

Now, that legal decision no longer stands, pending a rehearing. The decision in recent weeks has several Republican legislators backing a resolution requesting the state Supreme Court overturn the decision.

The judges also declared the court would "solicit (friend-of-the-court) briefs commenting on these issues …." Sunland, although it was denied right to intervene as a party to the case, can file such an amicus curiae brief, as can various Los Angeles County public-school officials and local and state teacher's unions. Attorney Brad Dacus, representing Sunland Christian School, said he couldn't read the judges' minds on why they granted the rehearing petition.

"What I see is a court that's been blasted for their decision, saying, 'We'll take it back and give it the deep, broad analysis it deserves,'" Dacus said. "That's not exactly a song of repentance, so we want to create no false expectation. We're pleased to have a second inning on this, instead of going to the state Supreme Court. The irony is that public schools have independent-study programs -- that's the weakness of the appellate decision. Some school districts make a lot of revenue from it. How is attendance defined? Not by kids sitting in class."

The Telegraph's Roger Phelps can be reached at rogerp@goldcountrymedia.com, or post a comment at folsomtelegraph.com