California Court Outlaws Home-Schooling

March 6, 2008 by dave

California's home-schooling population is an uproar over a state appellate court decision that casts a shadow over the estimated 166,000 students who are being taught at home. This Los Angeles Times article explains some of the ruling.

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.

"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."

While I'm a strong supporter of public education, I have a real problem with the court telling parents they cannot home school their children. To me, by removing that right, they are claiming for the government, the right to determine what children will or will not be taught. I'm also concerned that this decision puts in doubt online charter schools such as the California Virtual Academy that my children attend. To require that parents be credentialed teachers in order to home school their children is putting an unnecessary burden on the parents.

While I know nothing of the specific case of the Long family, I hope this issue can be quickly resolved so that home schooling parents aren't forced to do what this parent plans:

Glenn and Kathleen, a Sacramento-area couple who requested that their last name not be used for fear of prosecution, home school their 9-year-old son Hunter because their Christian beliefs would be contradicted in a public school setting, Glenn said. He is troubled by the idea that his son would be exposed to teachings about evolution, homosexuality, same-sex marriage and sex education.

"I want to have control over what goes in my son's head, not what's put in there by people who might be on the far left who have their own ideas about indoctrinating kids," he said.

If the ruling takes effect, Glenn vowed to move his family out of state. "If I can't home school my son in California, we're going to have to end up leaving California. That's how important it is to me."

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