The End of Homeschooling?

From: http://www.firstprinciplesjournal.com/articles.aspx?article=477&theme=home&loc=b
Allan C. Carlson – 03/17/08

California is developing as the site for a perfect judicial and political storm, one threatening both parental rights and educational choice.

The most recent sign was a ruling last week by a state appeals court that essentially declared homeschooling illegal, unless the parents involved held state certification as teachers or hired a certified tutor. The judgment grew out of a child-welfare dispute between the Los Angeles County Department of Children and Family and Philip and Mary Long, who homeschool their eight children. Reversing a trial court decision, the Court of Appeal rejected the Longs’ assertion that they had a constitutional right to educate their children at home.

California homeschool leaders vowed to assist the Longs in an appeal to the state’s Supreme Court and urged other homeschooling Californians to remain calm. Surprisingly, Governor Arnold Schwarzenegger rallied to their cause, stating that “this outrageous ruling must be overturned by the courts, and if the courts don’t protect parents’ rights then, as elected officials, we will.” According to State Education Secretary David Long, the governor considers “allowing parents without teaching credentials to educate their children” to be “a fundamental right of parental choice.”

The governor’s forthright response, though, comes in the wake of his own contribution to the problem. Only five months ago, he signed into law a measure prohibiting any form of public-school instruction or activity perceived to “promote discriminatory bias” against “gender,” with the latter-term defined to include cross-dressing and sex-change operations as well as “sexual orientation.” Analysts believe that textbooks using words such as “mother and father” or “husband and wife” must now be discarded. The measure clearly allows students to use the restrooms and lockers of the opposite sex—if they identify with that gender. Teachers and students with the temerity to suggest that homosexuality might not be “innate” or that transsexuality is “weird” also now face stiff penalties for harassment.

A third component of the California storm had arrived still earlier—during 2005—in the form of a ruling by the San Francisco–based Court of Appeals for the Ninth Federal Circuit. Ruling in a case involving California’s Palmdale School District, the court unanimously held that parents surrender virtually all rights over their children once they pass “the threshold of the [public] school door.” Dismissing constitutional protections dating from the 1920s, the court held that parents “have no constitutional right . . . to prevent a public school from providing its students with whatever information it wishes to provide, sexual or otherwise, when and as the school determines it is appropriate to do so.”

These latter two developments have led to the formation of a group called Exodus Mandate, composed largely of Christian pastors and lay leaders. The group has urged parents to pull their children out of the California public schools, placing them instead either in private religious or home schools. Of course, last week’s ruling threatens key elements of that escape route, pressing families back again into the state-regulated system. The perfect storm is now nearly consummated, with families forced to submit to the dictates of the state.

Is this conflation of court cases and legislative acts merely the result of coincidence, as Governor Schwarzenegger would seem to believe? Actually, a deep hostility to parental rights and family life lies at the heart of the public-school enterprise, a truth which belies his selective indignation. The Common School Journal, founded by Horace Mann and his Massachusetts colleagues back in 1838, crafted the intellectual rationale for state-mandated education. It made the deconstruction of family life a regular theme. Sample passages include:

  • “the little interests or conveniences of the family” must be subordinated to “the paramount subject” of the school (1841);
  • “[T]hese are . . . illustrations of the folly of a parent, who interferes with and perplexes a teacher while instructing or training his child” (1846);
  • “[T]here are many worthless parents” (1841).

Indeed, a close disciple of Horace Mann named John Swett served as superintendent of the California state schools during the 1860s. He was quite forthright in his assertion that the state must supplant parents. Anticipating our era’s perfect storm, Swett asserted in his 1864 report to the state legislature that “the child should be taught to consider his instructor . . . superior to the parent in point of authority. . . . The vulgar impression that parents have a legal right to dictate to teachers is entirely erroneous. . . . Parents have no remedy as against the teacher.”

A string of U.S. Supreme Court decisions in the twentieth century—Meyer v. Nebraska, Pierce v. Society of Sisters, and Yoder v. Wisconsin—managed to rein in the totalitarian aspirations of the common-school enthusiasts. Alas, recent developments in California indicate that the spirits of Horace Mann and John Swett are once again ascendant.

Home schools are most vulnerable to the myth of “credentials”; in truth, public-school leaders privately despise parent educators for exposing the pretensions of professionalism in elementary-level teaching. Private religious schools are most vulnerable to “anti-discrimination statutes,” especially those mandating enrollment of the young in the sexual revolution. The predictable line of attack here will be on the schools’ tax-exempt status. It is safe to conclude that parents of a traditionalist bent face difficult times ahead.

The situation may be particularly acute for those homeschooling families in states—such as my Illinois—where claims of legality rest on court decisions from fifty or more years ago. Homeschooling in the 1940s was an odd and rare act, usually the consequence of a child’s sickness or disability. Today, the success of home schools driven by religious and cultural choices threatens the entire apparatus of compulsory state education. The modern partisans of the common schools will not rest until these embarrassing upstarts are crushed. Bolder political acts may be necessary to preserve fundamental parental rights.

Michael Farris, founder and chairman of the Home School Legal Defense Association, certainly thinks so. Foreseeing court action of the California sort, he is the leading advocate of a Parental Rights Amendment to the U.S. Constitution. This measure would declare that “[t]he liberty of parents to direct the upbringing and education of their children is a fundamental right,” that federal or state governments may not “infringe upon this right” except for reasons “of the highest order,” and that “[n]o treaty nor any source of international law” might interfere with such rights (for more on the Amendment, visit www.parentalrights.org). Fully aware of the difficulties involved in winning passage of such an amendment, Farris nonetheless believes that it is the only realistic option left if basic parental rights are to survive this new century. He may be right.

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HSLDA on California

From the HSLDA E-lert Service…
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March 11, 2008

An update to HSLDA Members and Friends on the California Court of Appeal Decision on Homeschooling:

State Superintendent of Public Instruction Jack O’Connell comes to the defense of homeschool families. “The California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to homeschool in this state,” he said.

After the Court of Appeal for the Second Appellate District in Los Angeles ruled on February 28 that parents had to be credentialed teachers to educate their own children the statement from O’Connell is encouraging news for the homeschool community.

“O’Connell has it right,” said Michael Farris, Chairman of HSLDA. “But the court decision must still be overturned before homeschool freedom can be restored in California.”

The Court of Appeal ruling shocked the homeschool community because in one sweeping decision it effectively outlawed homeschooling.

“We hope the statement from O’Connell puts the brakes on any enforcement action,” said Farris.

HSLDA will be pursuing several legal options, including seeking review by the California Supreme Court and petitioning the same court to depublish the opinion in order to return California to being a state where a family can legally homeschool in California without fear.

“We have just started the legal battle to restore homeschool freedom in California,” said Farris.

To visit HSLDA’s Info page on this court decision, which has the legal status, link to the decision, and info on legal grounds for homeschooling in California, use this link:
http://hslda.org/elink.asp?ID=4890

Ian Slatter
Director of Media Relations
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The Old Schoolhouse Magazine on California

This is a good summary of the situation for home educators in California:The Old Schoolhouse Magazine
Home Where They Belong
March 10, 2008
SPECIAL BULLETIN
The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” (Pierce vs. Society of Sisters, 1922) What In the World Is Going On In California?
By Karen Braun

By now, most homeschoolers across the country have heard about the California appellate court ruling handed down on February 28 ordering the children of Phillip and Mary Long to attend public school or a legally qualified private school. The judge’s ruling surprised everyone and sparked a firestorm of concern among homeschoolers nationwide, many wondering if homeschooling had become illegal in California.

The Old Schoolhouse Magazine staff has been following the developments since World Net Daily first broke the story a week ago. In this Homeschool Minute, we would like to provide a brief summary of the events and offer links to various perspectives to help homeschoolers understand this ruling, how it impacts homeschoolers in California, and what homeschoolers across the nation can do to help.

To gain a better understanding of this case, it is necessary to note that prior to this ruling, the Long family had been involved with the juvenile court system regarding the care of their children. Such proceedings are confidential, and in most cases, a court-appointed attorney is provided to represent the interests of the minor children. The attorney representing two of the children was not satisfied with a ruling made by Superior Court Judge Stephen Marpet, who found the children’s education to be “meager” but determined that Phillip and Mary Long have a constitutional right to school their children in their own home. The attorney for the children brought an appeal before the Second Court of Appeals of California.

The California Second Appellate Court in Los Angeles found that the Longs had not demonstrated that any of the exemptions to California’s compulsory attendance applied to their children. The court reversed the finding of the Superior Court and ordered the children to attend public or a “legally qualified” private school. The court remanded the case back to the lower court for a hearing to determine if the family was in compliance with the law. The family plans on appealing this ruling decision to the California Supreme Court.

Read the complete court opinion here.

The ruling spurred reactions from attorneys representing various homeschool groups and interested parties across the country. The Homeschool Minute provides these links for informational purposes related to this case and does not necessarily endorse these sites.

Sunland Christian School. The Long children were enrolled in this school.

Pacific Justice Institute (PJI). These attorneys are representing Sunland Christian School and advising the family.

Home School Legal Defense Association (HSLDA). HSLDA presents several appeal options to reverse this ruling or diminish its impact upon California homeschoolers. There is a petition available for those interested in supporting the HSLDA’s move to depublish the ruling.

National Home Education Legal Defense (NHELD). Attorney Deborah Stevenson offers a detailed and informative analysis of this case.

Several homeschool groups in California issued statements concerning this ruling:

Homeschool Association of California

California Homeschool Network

Christian Home Educators of California

Private and Home Educators of California

California Governor Arnold Schwarzenegger issued a statement in support of homeschooling:

“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.”

By the end of a long news week, the court decision reached the broader Christian community through a radio broadcast by Focus on the Family. Dr. Dobson discussed the California court case with several prominent guests.

From All of Us at TOS

We hope this information has helped you gain a greater understanding of the facts surrounding this case and its impact on homeschooling in California.

The Homeschool Minute encourages you to pray for the family and those involved in this situation. Several of the websites present ideas about what you can do to help. We encourage you to prayerfully consider those ideas, to do all that you can to help retain the freedom to homeschool in our country, and to pass this message along to others. We will be following this case and will provide further updates as information becomes available.

Join us again on Wednesday with our normally scheduled topic. And now as much as ever, be sure to enjoy every minute!