Who Has Rights Over A Child’s Education? Parents or the State?
March 7, 2008 10:50 pm Christian Life IssuesIn the People’s Republic of California… the answer is… the state! According to the Court of Appeals in California… parents DO NOT have the right to educate their own children, and can be arrested if they do home school their kids. Despite the fact that, for years, we have know that homeschooled children are BETTER educated than the largely sub-standard public schools, the key to them is that, as Hillary Clinton once said, “It takes a village to raise a child.” Read that as, “You are NOT qualified to determine what your child learns, you MUST turn to the state.” Check out this statement: “Parents can be criminally prosecuted for failing to comply, Croskey said. ‘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.”
By the way, I learned that home schooling offers better education than public schools, not at church, not in homeschooling promoting Christian books… NO, I learned this in Education class in my Sophomore year at UNCG (in 1976.) The professor was quoting a mainstream study that indicated unequivocally that homeschooled children are orders of magnitude better educated than their public schooled peers. We then debated the “whys” of that fact. That, and many other reasons, are why my wife, Belinda and I. home school our son Benjamin, now 15 years old, who is reading and testing at second year college levels. And now, this news… the state has an agenda, the teacher’s unions have an agenda, and it is NOT the best education for children. It is indoctrination into their world view…. period.
Homeschoolers’ setback sends shock waves through state
“A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution. The homeschooling movement never saw the case coming. ‘At first, there was a sense of, No way,’ said homeschool parent Loren Mavromati, a resident of Redondo Beach (Los Angeles County) who is active with a homeschool association. ‘Then there was a little bit of fear. I think it has moved now into indignation.’ 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 homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential. The parents said they also enrolled their children in Sunland Christian School, a private religious academy in Sylmar (Los Angeles County), which considers the Long children part of its independent study program and visits the home about four times a year. The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home. Some homeschoolers are affiliated with private or charter schools, like the Longs, but others fly under the radar completely. Many homeschooling families avoid truancy laws by registering with the state as a private school and then enroll only their own children. Yet the appeals court said state law has been clear since at least 1953, when another appellate court rejected a challenge by homeschooling parents to California’s compulsory education statutes. Those statutes require children ages 6 to 18 to attend a full-time day school, either public or private, or to be instructed by a tutor who holds a state credential for the child’s grade level. ‘California courts have held that … parents do not have a constitutional right to homeschool their children,’ Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. ‘Parents have a legal duty to see to their children’s schooling under the provisions of these laws.’”
Dobson: Homeschool Ruling Strikes at Heart, Soul of Families
“Conservative Christian leaders are outraged at the California appeals court decision last week rejecting a parent’s right to educate their children at home. ‘What has occurred is another egregious decision handed down by a California appeals court that strikes at the very heart and soul of families and their children,’ said Focus on the Family founder and chairman Dr. James Dobson, in a broadcast Friday. ‘How dare these judges have the audacity to label tens of thousands of parents criminals – the equivalent to drug dealers or pickpockets – because they want to raise and educate their children according to their deeply held values?’ The state appellate court ruled that parents must have a teaching credential to homeschool their children. Otherwise, children ages 6 to 18 must attend public or private school full-time until graduation from high school. ‘Parents do not have a constitutional right to home school their children,’ Justice H. Walter Croskey wrote in a Feb. 28 opinion for the 2nd District Court of Appeal. Those words ‘are nothing less than explosive,’ said Rev. Dr. R. Albert Mohler, Jr., president of the Southern Baptist Theological Seminary. The Pacific Justice Institute estimates there are 166,000 California students who are homeschooled. ‘This is an all-out assault on the family, and it must be met with a concerted effort to defend parents and their children,’ said Dobson whose prominent family organization will do whatever it can to get the ruling overturned. ‘We will team with key allies and use every means at our disposal to make sure that not just every Californian, but every American, is aware of this miscarriage of justice. We will encourage them, by the hundreds of thousands, to make their voices heard on this matter.’ California Gov. Arnold Schwarzenegger also denounced the ruling and promised on Friday to ensure that parents have the rights to homeschool their children.”





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March 8th, 2008 at 9:07 pm
Rights are not freely granted top-down by some government authority.
It is only when people feel inalienable rights in their bones can they assert them proudly and openly. Parents should not be meek and humble as supplicants and petitioners in face of government heavy handedness.
Parents have choice in how their children are to be educated, publicly, privately, or at home. This ruling in California is so feudal it sticks out as an outrage in a democracy.
Furthermore, it is parents’ duty to educate their children. School laws across the free world state that. Only in totalitarian countries is home education not permitted.
The first School Laws in America (1642) underlie the system to this day: “Universal education of youth is essential to the well-being of the State. The obligation to furnish this education rests primarily upon the parents.”
Parent groups should evolve their own Charter of Parent Rights statements and educate their members about what is decent and proper in this day and age. I am providing a link to such a statement, compiled in 1977 in Canada, and which can serve as a good starting point for others.
I was heavily involved in Home Education causes in the 80’s and do know such statements empower parents to confidently do what is right by their children.
http://www.theschoolsweneed.com/forums/attachments/43.pdf
Tunya Audain
March 8th, 2008 at 9:11 pm
Good info… thanks, Tunya!
March 11th, 2008 at 2:07 am
As a grandmother of the early home education movement in North America, naturally I was concerned about the recent court ruling in California which basically criminalized about 200,000 home schooling parents lacking teaching credentials. Hopefully, if it is not overturned by the Supreme Court, Governor Schwarzenegger has promised legislative remedy: “Parents should not be penalized for acting in the best interests of their children’s education.”
I am very impressed by the extent and depth of feeling and outrage expressed by supporters. But, I am disappointed at the hostility and shallowness of those who are opposed, either out of self-interest (teacher unions) or basic intolerance. (Just Google California home schooling ruling…)
It is because this case even came up in 2008, and because the hostility and threat can be reasserted at any time, that I would like you to read my publication in 1987 which was useful in two ways: 1) to encourage home educators, and 2) to put the education establishment on notice about the legality and imperatives driving this movement. In the article I quote John Holt as saying: “Today freedom has different enemies. It must be fought for in different ways. It will take very different qualities of mind and heart to save it.”
Published in a prestigious educator magazine, it carries weight to this day, often quoted.
My history in home education goes back to 1972 when, after being credentialed from a Teachers College, I traveled with my children to Mexico to study under Ivan Illich of deschooling fame.
There I met with John Holt. He knew I had two young children with me, ages 3 and 5, and asked if I would be enrolling them in school soon. I said I might educate them at home.
He thought this was illegal, but I said I found from my readings at Teachers College that the “otherwise” clause in most Education Acts allowed it.
He then commented that at least I would be qualified to do it, having obtained a teaching certificate. Again, I enlightened him with the fact that this was not a requirement.
He then posed the thoughtful but predictable question about socialization, and we chatted about the various community opportunities available and the negative aspects of socialization that parents wanted to avoid.
His parting comment was: “Smart City!”
Using his mailing list which he used to encourage education reform, he soon embraced home education and in 1975 started a new publication, “Growing Without Schools.
Meanwhile, Dr. Raymond Moore was spreading the word amongst his mainly Christian audience and paid frequent visits to Vancouver, especially when we held Home Learning Fairs.
You can download the 5 page article: Home Education: the third option to see concerns of 20 years ago reappearing today……
http://www.theschoolsweneed.com/forums/ubbthreads.php/ubb/showflat/Number/543/Main/543/#Post543