Unconventional ideas for teaching and learning.

CA Update, 8/12/08

Today I learned that homeschoolers in California have achieved a major victory. By working together, keeping cool heads, and being inclusive of all stakeholders, homeschoolers in CA were able to forge a focused and effective defense of homeschooling. I hope this type of unified response by homeschoolers will be more common as the forces of education conformity continue to infringe upon our freedom to choose or create the best learning situation we can for our children. - PF

From the California Homeschool Network:

Court Ruling: California statutes permit homeschooling!

August 8: The Cailfornia Court of Appeal, Second Appellate District, Division Three issued its ruling in the In re Rachel L. case.

In Feburary 2008 this same court issued an opinion that held that California parents can homeschool their children only if they hold a valid teaching credential. The court vacated its February 2008 decision by agreeing to rehear the case. In addition to hearing from the parties on rehearing, the court also invited numerous friends-of-the-court, known as "amicus curiae" to provide legal argument. The court heard argument from the parties and the amicus curiae on June 2, 2008 for more than 2 hours.

Today's court ruling held that (1) California statutes permit home schooling as a species of private school education; and (2) the statutory permission to home school may constitutionally be overridden in order to protect the safety of a child who has been declared a dependent.

Homeschooling, therefore, remains a legal educational option in California.

californiahomeschool.net/howTo/B192878August8.pdf

The entire legal opinion on rehearing can be read here, as well as numerous other articles and press releases: http://californiahomeschool.net/howTo/updates.htm

The Situation in California, 3/12/08

People have contacted me in the past week asking about what's going in California: "Can I still homeschool in CA?" is the main concern, and the short answer is, "Yes." The long answer is best received by contacting the homeschooling groups in CA that are listed below, because the ins and outs of the legal arguments are unique to this state. Over the past two decades I would hear about certain people in the State Department of Education who flat-out stated CA law meant that homeschooling was illegal in the state. Fortunately, their opinion was in the minority and CA has grown to have one of the largest populations of homeschoolers in the United States. Because of this murky legal situation, state-wide homeschooling groups have been particularly vigilant in CA, using lobbyists and lawyers to keep track of homeschooling issues. This case surprised homeschooling groups in CA because it is appeared in public as a child dependency case, not a homeschooling case. However, this case (In re. Rachel L PDF) demonstrates how hard cases make bad laws.

The case was "filed on behalf of three minor children after the eldest of them reported physical and emotional mistreatment by the children's father." So this isn't a typical homeschooling case to begin with and, sadly, it also shows we don't have adequate processes for addressing how parental rights should be balanced by children's rights without using the blunt instrument of the courts. Further, the court is clearly not sympathetic to alternative education. Indeed, the "teacher must be certified" argument, which the court makes a great deal about in this decision, seems to me - a non-lawyer - very problematic. This court assumes that certified teachers teach better than uncertified ones, a claim that courts and most private schools in other states would not tolerate. I remember, in an early issue of Growing Without Schooling, we wrote about a Kentucky district court that noted the state was unable to produce any such evidence that being certified made you a better teacher. The Rachel court's decision also notes that private school teachers in CA don't need to be certified, but that's okay because private school records can easily be checked-out by the state if they wish to do so. Apparently, since homeschoolers are so numerous in CA, they can't be checked-out as easily as private school teachers. Therefore, if I'm reading this passage correctly, for the sake of democracy and an educated citizenry, it is better for the state to force parents to send their children to public or private schools where they may, or may not, be taught be certified teachers. This is but one of many problems I see with this confusing ruling.

Fortunately, the outcry against this ruling was so swift that Governor Schwartzenegger issued a statement saying, "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." (Retrieved from: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/08/MNCHVG0SD.DTL)

Just yesterday, March 11, the State Superintendent of Public Instruction, Jack O'Connell, said, "I have reviewed this case, and I want to assure parents that chose to home school that California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to home school in our state." (Retrieved from California Homeschool Network.)

Homeschoolers, like alternative schools and other unconventional learning situations, do prepare children for the duties of citizenship at least as well as certified teachers in our public schools do. The evidence is manifest from the examples of generations of homeschooled children taking their places as responsible adults in our democracy, from the early colonies to today.

Most importantly, CA homeschoolers want to handle this on their own and are not, at this time, asking for panic and outrage to be directed at their legislature or courts by homeschoolers. You can visit Home Education Magazine's website to read "Is it time for California homeschoolers to panic?" an interview with Debbie Schwarzer. a Homeschool Mom, Attorney and HomeSchool California Association Legal Team Co-chair. All stakeholders in CA - religious, secular, and independent schools - are working together as best they can to prevent this bad decision from causing havoc with homeschooling in CA. Given the statements of the Governor of CA and its Department of Education, I think homeschoolers in CA can easily sweep this unfortunate decision into the dustbin of legal history. It isn't over yet, so here's a link to some levity about this situation that I hope will help California homeschoolers have a laugh and relax a bit over this situation: Article from THE SPOOF.

Resources:

HomeSchool Association of California

California Homeschool Network