California Homeschooling Ban?
Wednesday, March 12th, 2008This past Friday morning, I woke up, got dressed and logged onto my computer to check my e-mail. While I waited for my e-mail to download, I began to get a cup of coffee together. My daily SFGate headline news e-mail popped out at me, with this article in the subject line:
“Homeschoolers’ setback sends shockwaves through the state.”
I hadn’t even finished the article before I had received two separate phone calls from people, each with a seemingly benign, “So, how are you?” that was actually loaded to find out whether or not I had seen the article yet.
I felt utterly and completely broad-sided. I actually told that to Robin when she called at 8:30, and I think I scared her at first, judging by her startled, “what?!?” in response. I had to clarify that I hadn’t been physically broad-sided - I had yet to leave the house, after all.
We haven’t said anything publicly yet about our decision regarding our kids’ education, though a lot of people already know. We have decided to homeschool Mary Judah during the next school year, which will be her kindergarten year. Beyond that, we aren’t making any commitments (though I have to say my stubborn side is leaning toward homeschooling just to stick it to that judge!). I have been doing a lot of research and studying and talking to people and praying and evaluating and trying to figure out what it is we’re supposed to do regarding her education and the choices we want to make as we raise her the type of opportunities we want her to have in life. Same goes for Killian, and that should go without speaking, though Mary Judah’s formal education is much more imminent.
I never in a million years thought I would ever homeschool, ever. I actually said to people, “I will never homeschool my children.” Of course, that was during those light and care-free days before morning sickness, and rotund bellies, and screaming in the middle of the night as I pushed a human being out of my own body.
Then I took one look at my daughter’s face, fell hopelessly in love with her, and the seeds were planted. What can I say? I couldn’t imagine ever being separated from her. As she’s grown and I’ve gotten to know her and helped to shape her into the person she is and will become, I’ve questioned my resolute decision not to homeschool. I started asking myself, why? Well, why not?
I began reading and researching and having come to grips with the misconceptions I’ve had, and through all of that, decided to go for it. This ruling that came down late last month has infuriated me. There are so many holes in it, it’s not even funny. From the education code, to what makes a private school, to religious reasons for homeschooling, to teaching credentials, to parental rights, to the real reason for compulsory education, there are just so many things wrong with it. And I’m going to talk about all of them. That’s right. Like you thought for a second I wouldn’t.
Here’s what happened in a nutshell. If I don’t have details as accurate as I think I do, I will most certainly go back and change them:
According to the ruling, the homeschooling parents of eight children were taken to court in a child welfare case. As the case progressed, the attorney for two of the children asked to court to direct the juvenile court to order the children to enroll and attend a public or private school. The parents asserted that they had a constitutional right to homeschool their children.
The ruling states that no, parents do not have a constitutional right to oversee their children’s education at home and that according to the education code, in this particular case, the parents were not following any of the provisions allowed to educate their children.
The court then asserts that homeschooling in general cannot fall under the private school allowance in the education code, and actually goes so far as to consider the process of parents who establish private schools in their homes as a means of following the law and then teaching their children at home to being a “ruse.”
The court also states that parents who wish to teach their children at home must hold a valid credential in the grade level being taught.
From the ruling:
It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance applies to the child.
Exemptions to compulsory public school education are made for, among others, children who (1) attend a private full-time day school (§ 48222) or (2) are instructed by a tutor who holds a valid state teaching credential for the grade being taught (§ 48224).
Such representation does not constitute a statement that the Los Angeles Unified School District and the Los Angeles County Office of Education knowingly gave their stamp of approval to children being deprived of an education in a public or private full-time day school setting, or by a credentialed tutor, through the ruse of enrolling them in a private school and then letting them stay home and be taught by a non-credentialed parent.
One of the issues raised about the ruling by the Homeschool Legal Defense Association is that “the decision is categorical and was not written to be limited to just the facts of this case,” which means that if the Supreme Court ratifies this ruling, it can be applied to homeschoolers across the board, not just to the people involved in the case, resulting in a benchmark case to be able to prosecute homeschooling parents across the state. Lovely. Also keep in mind that, like it or not, California is a bellwether state and the decisions made here can have dramatic impacts reverberating across the country.
Where do things stand now? From what I understand, the parents are appealing to the state’s Supreme Court. The HSLDA is getting involved, along with other homeschooling organizations, on several fronts. The gubernator has said he will support homeschooling families and said that “if the courts don’t protect parents’ rights then, as elected officials, we will.” Several state legislators have promised to introduce legislation to protect homeschooling and the California Superintendent of Public Instruction, Jack O’Connell has said he believes homeschooling in still legal in the state.
The HSLDA also has a petition you can sign to ask the Supreme Court to depublish the ruling, which would prevent in from being used as a precedent and limit its scope to the particular case.
I’ll have another post tomorrow.