Update, CA Court of Appeals: There’s No Right to Homeschool

According to a new ruling by the CA Court of Appeals:

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

The California State Constitution says the following:

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

The question answered in this case should be the meaning of “all suitable means,” not the constitutionality of home schooling.

Even though home schooling laws are weak the legislature has encouraged it. So, it would seem to me that home schooling is a suitable means for education.

Another side note, the decision claims that parents who home school need teaching credentials, which is garbage. Nevertheless, if that’s the case, then all Teach for America teachers should not be allowed to teach because they don’t have credentials.

Here’s a PDF of the decision.

The LA Times coverage is online here.

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LA court says: Homeschoolers need to attend government schools

I am shocked that the story I am going to blog about hasn’t caught-on in mainstream media or the blogsphere.

Here it goes:

The 2nd Appellate Court in Los Angeles ruled that a family currently home schooling two of their children must attend government schools because:

…the family failed to demonstrate that the mother has a teaching credential such that the children can be said to be receiving an education from a credentialed tutor,” and that their involvement and supervision by Sunland Christian School’s independent study programs was of no value.

In California, private school teachers and parents who home school don’t need to have teaching credential. The judge just made that up.

Plus, being a loving and caring mother who wants to see her children succeed is far more impressive than some certificate signed by a douchebag that says you are accredited to teach.

Who is Sunland Christian School?

They are a 22 year old accredited home school program offering independent study, correspondence home schooling and online home school.

So, what seems to be the problem?

California has weak home schooling laws that don’t recognize accredited home schooling programs or groups because it doesn’t follow this law…

All children between the ages of 6 and 16 must attend a public full-time day school unless otherwise exempted.

The private school exemption (section 48222) for children who are enrolled in a full-time private school. There are no laws that establish the minimum standards for the teachers or curricula of private schools. The only legal requirement for private schools is that they file a Private School Affidavit (section 33190) with their local County Superintendent of Schools.

Basically, if parents want to home school their child they need to register their home as a private school with their county, that would then meet the private school exemption.

This is totally an attack on the school choice movement. Parents should have the freedom to teach their children at home without the red tape.

Hopefully, the family appeals the decision to the U.S. Supreme Court.

Read more…

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