Michelle Malkin » California court threatens homeschoolers Update: Debate about the ruling’s implications

California court threatens homeschoolers Update: Debate about the ruling’s implications

By Michelle Malkin • March 6, 2008 09:29 AM

Scroll down for updates…

The war on homeschooling is a longstanding one. Parents who take their children’s education into their own hands threaten the creaking, bloated public school monopoly here at home and abroad. The HS community is buzzing about the latest salvo in the war–a troubling ruling in California that imposes credentialing requirements on parents:

Parents who lack teaching credentials cannot educate their children at home, according to a state appellate court ruling that is sending waves of fear through California’s home schooling families.

Advocates for the families vowed to appeal the decision to the state Supreme Court. Enforcement until then appears unlikely, but if the ruling stands, home-schooling supporters say California will have the most regressive law in the nation.

“This decision is a direct hit against every home schooler in California,” said Brad Dacus, president of the Pacific Justice Institute, which represents the Sunland Christian School, which specializes in religious home schooling. “If the state Supreme Court does not reverse this . . . there will be nothing to prevent home-school witch hunts from being implemented in every corner of the state of California.”

The institute estimates there are as many as 166,000 California students who are home schooled. State Department of Education officials say there is no way to know the true number.

Unlike at least 30 other states, home schooling is not specifically addressed in California law. Under the state education code, students must be enrolled in a public or private school, or can be taught at home by a credentialed tutor.

The California Department of Education currently 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.

Home schoolers and government officials have largely accepted this murky arrangement.

“This works so well, I don’t see any reason to change it,” said J. Michael Smith, president of the Virginia-based Home School Legal Defense Assn.

From the court opinion (the full PDF is here):

“Parents do not have a constitutional right to home school their children,” wrote Justice H. Walter Croskey in a Feb. 28 opinion signed by the two other members of the district court. “Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program.”

Homeschooling parents of more than 166,000 children in California could face criminal charges.

Government monopolies die hard.

***

The Pacific Justice Institute is defending the homeschoolers. More here.

Details about the family:

The appellate court ruling stems from a case involving Lynwood parents Phillip and Mary Long, who were repeatedly referred to the Los Angeles County Department of Children and Family Services over various allegations, including claims of physical abuse, involving some of their eight children.

All of the children are currently or had been enrolled in Sunland Christian School, where they would occasionally take tests, but were educated in their home by their mother, Phillip Long said.

A lawyer appointed to represent two of the Long’s young children requested that the court require them to physically attend a public or private school where adults could monitor their well-being. A trial court disagreed, but the children’s lawyer appealed to the 2nd District Court of Appeal, which has jurisdiction over Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties.

The appellate panel ruled that Sunland officials’ occasional monitoring of the Longs’ home schooling — with the children taking some tests at the school — is insufficient to qualify as being enrolled in a private school. Since Mary Long does not have a teaching credential, the family is violating state laws, the ruling said.

***

Homeschoolers point out that the ruling could have serious implications for families considering withdrawing from California public schools over SB777, which critics say is a mandate for left-wing sexual indoctrination.

Stay tuned.

***

Update: Gabriel Malor says homeschoolers and bloggers like me are overreacting to the ruling.

The Home School Legal Defense Association, whose legal counsels have been battling the anti-homeschooling forces for decades, weighs in and sees plenty of cause for alarm:

On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.

This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.

There are two appellate options at this time.

First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.

HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.

HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.

The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.

HSLDA will take the lead in an effort to seek to have this case depublished.

Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family’s beliefs.

The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.

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#261311

On March 6th, 2008 at 3:46 pm, Miss Ladybug said:

englishqueen~

I quite agree. Yes, there are people who shouldn’t be parents. But, as soon as the government begins deciding who can and cannot have children… What personal liberty would be lose next? And, there are mechanisms for truly rescuing children who are in truly abusive homes (although that system, like anything run by the government, does have glaring deficiencies in far too many cases…).
#261325

On March 6th, 2008 at 4:08 pm, DarleenClick said:

Michelle

Remember in 2005 the 9th US Circuit in Fields v Palmdale USD ruled that parents rights to influence public school curriculum ends at the threshold to the school.

Parents have a right to inform their children when and as they wish on the subject of sex,” said Judge Stephen Reinhardt in the 3-0 ruling. “They have no constitutional right, however, to prevent a public school from providing its students with whatever information it wishes to provide, sexual or otherwise.”
#261331

On March 6th, 2008 at 4:19 pm, Jeddite said:

“Parents do not have a constitutional right to home school their children,” wrote Justice H. Walter Croskey in a Feb. 28 opinion…

Really now. How are these fools retained on the bench. Shouldnt such a statement be grounds for immediate judicial recall?
#261339

On March 6th, 2008 at 4:31 pm, Miss Ladybug said:

I guess that depends on how they get their positions. Texas seems to elect it’s Supreme Court. I guess other states do like the federal judiciary and judges are appointed “for life”. Not sure how you go about removing someone with a “for life” appointment… But, it would be nice if these judicial overreachers could be removed from their positions of power…
#261378

On March 6th, 2008 at 5:19 pm, darn said:

First, the specifics of this case seem to indicate that eliminating homeschooling is the an excuse to monitor kids they think are being abused.
“requested that the court require them to physically attend a public or private school where adults could monitor their well-being.”
Also, too many homeschooling families have been content to leave things in legal limbo while knowing that the union sharks hated them. This case doesn’t require that actual abuse to have occured to the kids for it to be held up by the haters as an example of why homeschooling is bad.
Teacher certification is nothing more than a means of conrolling access to the profession. When I was in school, I looked into what it would take to get certification. It amounted to a semester and a half of coursework that was strung out over all four years. There was no way for me to double up and get the required classes before graduation (I was already a sophmore) because they were four years of stacked pre-requisites. I have since looked into it at various times as a potential career change and it is ALWAYS a four year program. Career teachers only, no engineers allowed.
The unions like to throw “certification” around like it the good housekeeping seal of approval, but it is a sham.
California builds a school a day which means the hire at least a new staff a day as well. They people they get are a mixed bag, note that some of the biggest dummies on Jay Leno “Battle of the Jay walk all stars” are California certified school teachers.
I will recommend to my kids that they get the certification in college just in case they want to homeschool.
#261390

On March 6th, 2008 at 5:30 pm, DaveC said:

On March 6th, 2008 at 10:04 am, zeroangel said:

OneOfThem:

While I have no problem with homeschooling, and I detest the political indoctranation in publik schools; I have one issue with homeschooling and I hope, perhaps, you can shed some light on it.

Do you feel as though you were not given enough of a social outlet and/or exposure to different people and points of view?

Do you think that you may have “missed out” on some things by having been homeschooled?

I was homeschooled from about 4th grade to grade 9.. went to public high school in grade 10 through 12 to graduate..

I didn’t have too much of a problem with the social aspect of school.. I was active in BSA and knew a few people from that..

the one negative I have about public school and it wasn’t really about homeschooling at all but about being the new kid in a small town high school (the only high school) where everyone had the clicks already.. didn’t make good friends until college..

I was new to the area as well, so that would have happened regardless of being transfered from a different school or from home school
#261394

On March 6th, 2008 at 5:32 pm, graysonret said:

Most everything has been said. I’m all in favor of home schooling, and I’m not at all a “friend” of California. However, this issue is not a case for SCOTUS. This is for the individual states to decide. The only way SCOTUS could get involved is if the country was under a federal school system. We’re not, thank goodness. The intent of the Constitution was to allow a state to decide matters for itself, if it involved only that state. If the California Supreme Court ruled that home-schooling was illegal, that would pretty much finish it. You could, possibly, appeal under the “right to privacy”. This was a right established under, if you remember, Roe vs Wade. That’s stretching it a bit, but it might bring the issue national attention. I doubt the federal government would go so far, like they always liked, to hold federal money. I can really sympathize with those people stuck in such a socialist state, as California. Unless the people decide enough is enough, which is extremely doubtful, I’m afraid more and more personal liberty will disappear. Amazing that the people of this country seem to cheer the loss, based on the elections of 2007 and the Presidental race.
#261395

On March 6th, 2008 at 5:34 pm, HeatherRadish said:

Do you feel as though you were not given enough of a social outlet and/or exposure to different people and points of view?

I was bullied at school daily for ten years; no one has ever explained to my satisfaction how that “socialization” was better for me than just turning me loose and letting me learn.
#261396

On March 6th, 2008 at 5:35 pm, conservativehomeschooler said:

Gosh…I hope and pray that the California Supreme Court wouldn’t say that homeschooling here in CA is illegal. Everyone out there please pray for us homeschoolers here in CA so that things will turn out pro-homeschooling!
#261399

On March 6th, 2008 at 5:40 pm, conservativehomeschooler said:

For those who just don’t know and are worried about socialization. Most homeschoolers that I know want to get out and not be stuck with their kiddos all day either. We get out. Do activities/field trips. My boys are involved in church, cub scouts, and chess. For chess, we go to Balboa Park here in San Diego, every Friday. They exposed to quite a few interesting things/people there. Our boys also participate in chess tournaments as well. They do get their fill of activities.
#261400

On March 6th, 2008 at 5:40 pm, graysonret said:

CHS, you bet you’re in our prayers!
#261403

On March 6th, 2008 at 5:47 pm, Miss Ladybug said:

darn~

I became a teacher just recently. I previously had earned a BBA in accounting. I wanted to do elementary ed, and found a Masters program at an area state institution (TX). It required 36 hours of course work and one semester of student teaching. I started part-time in June 2005, took full loads beginning fall semester 2005 and graduated in December 2006. However, if you are looking to teach/be certified in a specific content area (math, English, science, history/social studies), you would also have to have a certain number of credit hours in that area, too. Then, there were the certification exams, which I aced. Now, I just need to find a teaching job…
#261419

On March 6th, 2008 at 6:21 pm, allrsn said:

I do not blame the schools or the courts for this. I mean, how can the schools brainwash our children if they are at home learning reasonable truth?
#261429

On March 6th, 2008 at 7:08 pm, ThatSamIAm said:

WHERE IS THE ACLU NOW?
#261528

On March 7th, 2008 at 12:49 am, conservativehomeschooler said:

I don’t really think that Gabriel Malor mentioned above at Ace of Spades is correct…of course, I’m not a legal eagle; but as a homeschooler I’m still unsettled about this whole thing.

I mean we have quite a few talk radio people who are/were lawyers that have talked about this and have not offered this up at all. Do you think that HSLDA (homeschooling defense) is just wanting business and whipping us all up into a frenzy? I don’t know.
#261585

On March 7th, 2008 at 5:08 am, graysonret said:

I wouldn’t hold my breath waiting for the ACLU. Remember, this group is an outgrowth of the American Communist Party, so they have a solid leftist agenda. Many of their “lawyers” are just out of law school…looking for causes that interest naive and gullible grads. They gain experience, and, at the same time, feel like they’re doing the country some “good”. Home-schooling versus very liberal state schooling? Which side do you think they’re on?
#261801

On March 7th, 2008 at 11:56 am, Speakup said:

“Parents do not have a constitutional right to home school their children.”

This is insane!
The government does not have a constitutional right to indoctrinate our children.

I begin with the young. We older ones are used up but my magnificent youngsters! Are there finer ones anywhere in the world? Look at all these men and boys! What material! With you and I, we can make a new world.
Adolf Hitler