Fact, or fiction?
Fact, kind of. The State’s stance on homeschooling:
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.
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.”
Parents can be criminally prosecuted for failing to comply, Croskey said.
To be accurate, homeschooling is still legal, but only if the parent either forms a family specific ‘private school’, be accredited as a teacher in the State or find a private tutor approved by the State. (*thanks, Flo, for pointing this out)
It’s really hard to imagine that in the 21st century, in a country devoted to freedom, that this kind of ruling is acceptable. Really, it is baffling. When I read it, I thought I had mistakenly logged into a report from Germany or Venezuela, where these kinds of civil liberties are being denied. And then it got me thinking….
Everyone enjoys a good trivia game, so I made one up. It’s called “Guess Who Said It”. I took quotes from 4 different people. You try to guess who said it!
Here are your choices*:
Hugo Chavez (Venezuelan President)
Hitler (Yes, that Hitler, from Germany)
NEA (National Educators Association)
Justice H. Walter Croskey (Current judge in California who upheld the state’s right to make parents-are-in-charge homeschooling illegal.)
Now, match them up with these quotes:
schools should be monitored on a continuing basis and should be subject to modification or closure if children or the public interest is at risk.
“The Youth of today is ever the people of tomorrow. For this reason we have set before ourselves the task of inoculating our youth with the spirit of this community of the people at a very early age…We build the future upon the youth. And we will give the youth to no one, but will take youth and give to youth its own education and its own upbringing.”
“Society cannot allow the private sector to do whatever it wants. We must train socially minded people to help the community”
“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.”
Got your answers?
Who do you think said what? (I’ll post the answers in the comments.)
*I want to point out that in no way am I comparing these men to one another…I hate it when people use inflamitory comparisons!…but, I think when there are public policies in the US that are virtually indistinguishable from those in other parts of the world that are so restrictive, then that’s a problem to me.
Is this really a precedent we want to set? I would hope even the people who utterly disagree with homeschooling would find this kind of State Control totally unacceptable in the private sector.
Click through here to sign the HSLDA’s petition to ‘depublish’ the Court’s decision.
A California Court of Appeal recently decided that homeschooling is illegal in California unless a parent is a certified teacher.
The case arose in a confidential juvenile court proceeding. The family was represented by court-appointed attorneys and HSLDA did not become aware of the case until the Court of Appeal case was published on February 28, 2008.
The Court could have restricted its decision to the facts before it, but instead, it issued a broad ruling that effectively outlaws home education in California. The Court also certified its decision for publication, which means that the decision can now be cited as legal authority by all other courts in California.
The family and their California counsel are planning to appeal to the Supreme Court of California, which could result in reversal.
Another option to keep homeschooling free in California is to petition the Supreme Court of California to “depublish” the opinion. If the opinion is “depublished” then it cannot be used by other California courts and this threat to homeschool freedom will be neutralized for other California homeschoolers.
HSLDA will be formally petitioning the California Supreme Court to depublish the opinion. We would like to show that many other people, both in California and across the country, care deeply about homeschool freedom in California.
Please show your support for this effort by signing the petition today.
Filed under: Homeschool/Unschool | Tagged: homeschooling in Germany, illegal homeschooling, NEA, public education in Venezuela. | 11 Comments »