Parental rights and government requirements

The California Second District Court of Appeals ruled Feb. 28 that parents who do not hold a “teaching certificate” but continue to educate their children at home can be found guilty of breaking the law.

This is an outrageous decision. This court decision also serves as a graphic illustration of the titanic struggle going on at virtually every level of American society between parents and governmental authorities over who should have ultimate control over the parents’ children and their education.

Let us be clear. The government has the right to say that the major and most time-consuming activity of a child between, say, 5 and 18 years of age will be education. In our modern society, it is difficult, if not impossible, for children to become productive members of society unless they have sufficient education (hopefully provided by K-12 education).

The government also has the right to stipulate that certain subjects are to be taught—such as English (including spelling and grammar), math, history, and civics. The government also has the right to monitor through standardized testing whether or not such subjects are being taught and educational progress is taking place.

However, the government does NOT have the right to dictate where such education takes place and who will provide the education. In other words, parents have the right to determine whether their children will be educated at home, or in a private school or public school setting. As long as education is taking place (as monitored by periodic standardized testing), parents have the right to teach their children whether or not they have a “teaching certificate.”

We have far too much sad evidence that a “teaching certificate” does not guarantee either that education is taking place or that its holder is a good teacher. In fact, homeschooled children do better than their public school counterparts on standardized testing and in college performance. The right of parents to maintain control (within the governmental rights outlined above) is a fundamental freedom and is certainly encompassed within the right to “life, liberty, and the pursuit of happiness.” This dangerous and destructive decision by the California court needs to be rectified immediately.

(In the interest of full disclosure, I am the product of public school, K-12; private schooling, A.B., Th.M.; and public school, Ph.D. Of my three children, my oldest daughter is the product of private schools, K through Bachelors degree and has taught both in public and private schools. My son went to private school K-12 and began his post-secondary education at a public school and finished at a private college. My youngest daughter is the product of private school, with a homeschool component, K through Masters degree, and is currently teaching homeschoolers through tutorials that supplement what the parents provide.)