I don’t know if you noticed it, but that sudden rush of wind that swept across the country a few weeks ago was the collective gasp of thousands of homeschool families.
Homeschoolers in California and beyond were stunned by a California State Court of Appeals ruling that concluded, “Parents do not have a constitutional right to home school their children.”
As you can imagine, this came as news to the parents of the 200,000 students currently being educated at home in the Golden State. Particularly because no one knew that the legality of homeschooling was even at issue in the courts.
The ruling was part of a juvenile court proceeding that involved alleged child mistreatment within a specific family. A lower court had been asked to require the children to be enrolled in school, but the trial court refused saying the parents had a right to homeschool.
Well, the higher court disagreed. But instead of limiting their ruling to this one family, the three-judge panel declared homeschooling illegal statewide and said that children in California must attend public school. The only exceptions are when parents enroll their children in an accredited private school, or have them tutored by someone who holds a “valid state teaching credential.” According to the court’s decision, parents who violated the law could face a criminal complaint, fines and have to attend counseling.
The ruling has generated plenty of concern (and outrage). And concerns are rising across the country as homeschoolers in other states contemplate whether their lifestyle could be jeopardized by a court as well.
For now, it appears California homeschoolers are not in any immediate danger. Many state officials have vowed to overturn the ruling or seek some sort of legislative remedy. Even the State Superintendent of Public Instruction Jack O’Connell reviewed the ruling and said, “Parents still have the right to homeschool in our state.”
What bothers me is the mindset behind a ruling like this. It grants the primary responsibility for deciding how kids are educated to the state, instead of the parents. That’s backwards. The last time I checked moms and dads were the ones who know their children best and are most heavily invested in seeing them succeed. Why should the state have the final say?
The California teachers union was gleeful about the ruling. One board member reacted saying, “We’re happy ...We always think students should be taught by credentialed teachers, no matter what the setting.”
In other words, the government knows best and educates best.
Thankfully, not everyone feels the same way. Gov. Arnold Schwarzenegger issued a strongly worded statement denouncing the court’s decision. I have a feeling it echoes the thoughts of many. He said, “Every California child deserves a quality education and parents should have the right to decide what’s best for their children. Parents should not be penalized for acting in the best interests of their children’s education. This outrageous ruling must be overturned by the courts and if the courts don’t protect parents’ rights then, as elected officials, we will.”
The governor is right. Parents should be allowed to decide the best educational option for their child.
For many families public schools are the best choice. But for others, especially those in underperforming school districts or who have religious motivations, homeschooling is an excellent option. Just ask any of the families of the 2 million homeschool students in America today. Home education is easier and more accessible than it has ever been. And children across America and in Georgia are being well served by having parents as teachers.
Is every homeschooling family well suited for the job? No. But the vast majority is. We have learned over the years that homeschooled kids excel academically and are heavily involved in extracurricular activities in their community. They are sought out by top universities and do well in business. Everyone knows a good education is critical for the future success of a young person. And homeschool parents, just like the vast majority of parents, take their children’s education seriously. After all, they sacrifice a great deal of time and energy to take on the role of educator.
California serves as a stark reminder that not everyone agrees that parents know best.
As a part of their ruling, the California State Court of Appeals pointed out, “A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare.” That’s true, but not for the reasons the court intends. For many parents good citizenship and everything else is best bestowed to students within the safe and loving walls of their home.
If mom and dad believe a homeschool education would be best, then the courts and legislature should defer to them (absent compelling evidence of neglect in the home) to make the best decision.
Let’s hope the California courts figure that out.
Georgia Family Council is a non-profit organization that works to strengthen and defend the family in Georgia by equipping marriage advocates, shaping laws, preparing the next generation and influencing culture. For more information, go to www.georgiafamily.org, 770-242-0001, stephen@gafam.org.
