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EDITORIAL: To ensure 'loyalty to the state'

California court says home schooling is essentially illegal

Research conducted by the National Home Education Research Institute in 2001 shows home-schooled students, on average, outperformed their public school peers by 30 to 37 percentile points across all subjects, and that performance gaps impacting minorities and genders are virtually eliminated among the home-schoolers.

For those who worry the home-schoolers may have faked the tests, there are other measures.


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  • On May 22, 2003, eighth-grader James Williams of Vancouver, Washington, became the second home-schooler in a row to win the National Geography Bee, taking home a $25,000 scholarship.

    Although home-schoolers make up approximately 2 percent of the U.S. school-age population, they made up 12 percent of the 251 spelling bee finalists and 5 percent of the 55 geography bee finalists. The Cato institute actually reports the number of home-schooled winners of the National Spelling Bee (which includes Canadians) runs neck-and-neck with the number of winners who attend U.S. public schools -- despite the public-school kids outnumbering the home-schoolers 49-to-1.

    This can be deeply embarrassing to supporters of the notion that only "certified" teachers with years of ticket-punching behind them in the ed schools can possibly master the difficult task of educating kids.

    So it's hardly surprising that Lloyd Porter, a member of the board of directors of the California Teachers Association, told the San Francisco Chronicle "We're happy" at news that California's Second District Court of Appeal last week declared the parents of most of the state's 166,000 home-schooled children to be outlaws, ruling California law requires parents to send their children to full-time public or private schools or else have them taught at home by "credentialed" tutors -- which most home-school parents, presumably, aren't.

    "We always think students should be taught by credentialed teachers, no matter what the setting," Mr. Porter preened.

    "California courts have held that ... parents do not have a constitutional right to home school their children," Judge H. Walter Croskey said in the 3-0 ruling issued on Feb. 28.

    And those parents can be criminally prosecuted for failing to comply.

    "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," the judge wrote, quoting from a 1961 case on a similar issue.

    Imagine that. Not the Three R's, but "loyalty to the state."

    Michael Smith, president of the Home School Legal Defense Association, said the ruling would effectively ban home schooling in the state: "California is now on the path to being the only state to deny the vast majority of home-schooling parents their fundamental right to teach their own children at home," he said.

    The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been home schooling their eight children. Mary Long is their teacher, but holds no teaching state "credential."

    As dissatisfaction with the public schools grows -- based on violence and concerns that children are being propagandized on non-academic topics as well as crumbling scholarly performance -- it was inevitable that someone would try to dam the trickle of home-schooled escapees before it becomes a river. And it's hardly surprising that the first blow would fall in nanny-state California.

    Although in Pierce v. Society of Sisters in 1925 the U.S. Supreme Court struck down an Oregon law that would have prohibited parents from satisfying a state compulsory attendance requirement by sending their children to private school, no such definitive defense of a right to home school has yet been handed down.

    But that's not to say the California ruling is in the mainstream.

    The Pierce decision further asserts: "The fundamental theory of liberty upon which all governments in this Union repose excluded 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. ..."

    In Prince v. Massachusetts in 1944, the Supreme Court held: "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the State can neither supply nor hinder."

    And as recently as 1972, in Wisconsin v. Yoder, the court ruled Amish parents can pull their kids out of the public schools after the eighth grade in order to school and apprentice them in useful trades at home, Chief Justice Warren Burger writing:

    "This case involves the fundamental interest of parents, as contrasted with that of the state, to guide the religious future and education of their children. The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring tradition."

    Everywhere, it now appears, but in California.

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    Mary Anna wrote on March 13, 2008 08:20 AM: This is another slippery slope in the loss of parental rights. It is also an example of left-wing legislation from the bench, not to mention the power of teacher unions who fear successful homeschooling parents. (They don't get the daily attendance $$$ for our students, for one thing! Also, we prove that non-credentialed teachers can be successful.)

    I am completing my 19th year of homeschooling with the graduation of my daughter from high school this year. My oldest daughter was homeschooled from 5th through 12th grade, went on to receive a Journalism degree from the University of Kentucky, and now runs her own business.

    We allowed our middle daughter to enter public high school for her junior and senior years, which we consider to be the biggest mistake of our lives.

    My youngest has been homeschooled from day one. She's an accomplished violinist who has been able to have lessons 2 hours away and practice more because we have educated her at home. She will become a professional violinist.

    How many children are denied the oppportunity to discover their passion for a profession or their unique gifts because they are taught in a cookie-cutter manner?

    Grades are meaningless. An "A" at one school is a "C" at another. Homeschooled graduates take the same college entrance exams as public school students,scoring just as well, and more often, better than average.

    Also, contrary to ppopular belief, our children are BETTER socialized, because they are not closeted year after year with just kids their own age. We have support groups with lots of activities.

    Kentucky State Board for Elementary and Secondary Education V. Rudasill, Ky. 589 S.W. 2nd 877 (1979) establishes the prerogatives of the parents to choose the formal education for the child.

    I'll defend parental rights with my dying breath!


    Jeremiah wrote on March 11, 2008 10:46 AM: It's interesting how this case actually got started as one thing and completely morphed into something else altogether. The case began when one of the children complained of mistreatment at the hands of their father, Phillip Long. Somehow the Children's Law Center took up the case on behalf of two of their children (ages 7 and 9). They say their case was never meant as a referendum on home schooling. They were just trying to see that the kids are observed daily so that they are not being abused (as was alleged, apparently, by the children themselves).

    The ruling does not change the current laws in any way, despite what alot of people seem to be implying. The laws that the court cited have been on the books unchanged in CA since the 1950's. Now, I will agree that it's a bad law that needs to be taken off the books. That said, the judge interpreted it correctly as the law is currently written. He could have gone all judicial activist (which the RJ decries consistently) but he did not.

    This never really came up recently because the law was was always enforced the same way our immigration laws are; that is to say not at all. I have a feeling it will not be enforced any more now than it was before, since this was more of a case of potential child abuse in a particular family that happened to home school their kids. I just don't see how any agency can view, as doable, the logistical nightmare of trying to enforce a law that would make them go door-to-door and try to force some 166,000 (probably higher) children into public or private schools (as the law states). Home-school advocates should get organized and work to get that law changed.


    douglas wrote on March 10, 2008 05:56 PM: again...

    the common trait of home schooled and disciplined immigrant children is one of parental input.

    american children are permitted/encouraged to goof off while those of any flavor who are home schooled and most all the european, middle eastern and asian kids i see here are motivated to learn.

    the u.s. parents are guiding their children to be ill equipped to compete in the world economy. what's left ? pizza delivery ? car was attendants ? carpet shampooers ? landscape maintenance ?


    Mike K. wrote on March 10, 2008 05:10 PM: "Not Constitutional" to educate your children at home? Parents know what is bast for their children, not some faceless union backing bureaucratic. Show me where in the Constitution it says that children cannot be home-schooled.

    This is just another sign that the government is slowly taking away our freedom.


    dwc wrote on March 10, 2008 02:31 PM: Could we just get this on, already? Let's have the independent freedom-lovers on one side and the compulsory collectivists on the other side, with the country going to the victor. May the best lazy American win.


    dennis1944 wrote on March 10, 2008 01:05 PM: What do you expect from The Peoples Republic of California? Look at what they produce for the rest of the nation; Nancy Pelosi for instance. Check out her beliefs that she is attempting to shove down everyone else's throat. Repeated attempts at Amnesty for Illegal Aliens and a total liberal agenda. She and Hillary would indeed make a pair to draw to. WAKE UP SHEEP!


    Chad wrote on March 10, 2008 12:51 PM: I don't recall anyone forcing me or my kids to listen to talk radio.

    People are actually invoking the language of Fascism to support this ruling. WOW.


    Douglas Democrat wrote on March 10, 2008 12:47 PM: "Imagine that. Not the Three R's, but 'loyalty to the state.'"

    This from the same paper who basically tells us to trust the federal government or else we are terrorist sympathizers, that we can never dissent from the decisions of the President (or we are traitors), and that we are winning the war (or else you liked Saddam Hussein)?

    I can't tell if you're hypocrites or idiots. I'm leaning towards the latter.


    Denise wrote on March 10, 2008 10:33 AM: No person or government entity has a child's best interest at heart more than the parents of that child. That is why homeschooling is so successful. Homeschooling is a vital part of our educational system. The statistics don't lie. As a homeschooling parent I take offense to the insinuation that a homeschooling parent would tamper with a child's grades to achieve personal credit. What would that possibly achieve? What good are high grades, faked or otherwise, if a child can't pass an entrance exam? Would we find a way to cheat on those, too? We homeschool because we want to teach our kids a HIGHER standard. We want them to have the tools to succeed in life. Most public schools just can't do this as well as a parent, and there are plenty of data to support this. If parents are willing to take on this important task, we should let them. It is, after all, their responsibility as parents to educate their children.


    Chanya wrote on March 10, 2008 10:18 AM: Many teachers do not have the proper credientials. We are finding that with all the violence in schools it is much safer for children to be homeschooled. Especially after the recent incident involving the Palo Verde student. We also need to include, the weapons that many students have been taking to school with them. What about the students that have been assaulted at school and the district nor the school has done zero about it.


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