Crunchy Con

California court hates homeschoolers

Thursday March 6, 2008

Categories: Education
California is going the way of Germany on homeschooling: Parents who lack teaching credentials cannot educate their children at home, according to a state appellate court ruling that is sending waves of fear through California's home schooling families. Advocates for...
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Comments
Cleveland
March 6, 2008 9:36 PM

Homosocialists, homosocialists, homosocialists.

Next topic, please.

Steve
March 6, 2008 9:39 PM

Inviting Californians to Texas? You may wish for the good old days when the illegals were your big worry.

Steve

Scott Walker
March 6, 2008 9:57 PM

Well, that should help keep property values from plummeting here in Oregon. Maybe Jonah Goldberg was on to something with "Liberal Fascism".

Matt
March 6, 2008 10:10 PM

WTF? Let 'em try that here in Texas. Hoo boy.

Nate
March 6, 2008 10:24 PM

Wow! This is really unfortunate. I know that in Texas and Oklahoma that you have to get a type of certificate to home school and register with a State board that oversees the materials to make sure they comply with State homeschooling standards(I have friends whose parents homeschooled them and they explained how it worked). Why does one have to have a college degree (teaching credentials) to teach and which credentials? The State of Oklahoma does not recognize the credentials from outside of the State...thus to teach in Oklahoma you have to also apply for teaching credentials in this State. I have been told it's not like that in other States. Many of the people I know who were homeschooled weren't Christian conservatives..some were secular liberals, some were Jewish, etc, etc. I have friends now that have thought about homeschooling...even some friends who have their "teaching credentials" from an Oklahoma university.

"The parent is the first guru" is a saying amongst Hindus and I completely agree. It doesn't say the State is the guru, the parent is the guru. I think California is stepping over the line. I hope that the appeal returns sanity upon this issue and lets parents be their children's guru.

Erin Manning
March 6, 2008 10:51 PM

Actually, Nate, here in Texas you don't need a certificate or registration. According to the Home School Legal Defense Association website, the law in Texas requires only that you establish and operate a home school as a private school, and that the subjects you teach must include reading, spelling, grammar, math, and good citizenship; these must be a written curriculum and the school must be conducted in "a bona fide manner." That's it--there's no contact required with the school district as a general rule, though the legal minds at HSLDA keep a watchful eye and inform members anytime proposed legislation that would change things significantly arises in the State legislature.

So oppressed California homeschoolers would love it here!

Erik
March 6, 2008 11:03 PM

NC is pretty wide open for homeschoolers as well. Here you just have to register as a school, keep attendendance records (AFAIK they don't actually ask for them, usually) and administer a nationally normed test at the end of the school year. That's basically it for requirements.

trotsky
March 6, 2008 11:06 PM

Ahem, from the Times report:

"The appellate court ruling stems from a case involving Lynwood parents Phillip and Mary Long, who were repeatedly referred to the Los Angeles County Department of Children and Family Services over various allegations, including claims of physical abuse, involving some of their eight children."

Thousands and thousands of parents home-school their children in California with no problem. When Child Protective Services is repeatedly called to your house -- to the point where your children have a court-appointed guardian to ensure their welfare -- they might actually be . . . well, let's just say that suggests they're not the poster parents for home-schooling.

They've claimed a constitutional right to home-school their children, but it's a simple statement of legal fact that there's no such right in California. The law really is silent on the fact.

Don Altabello
March 6, 2008 11:21 PM

I'm pretty ignorant on this point, but if child protective services has credible evidence of abuse, shouldn't they just remove them from the home and have the DA press criminal charges against the parents? Is the threshold for intervention by child protective services higher than the evidence needed to prosecute criminally for child abuse?

If not, and the parents are guilty of physical abuse, it would seem that the authority of the parents over their children should be taken away, making the home school issue moot.

Does anyone know the specifics of the allegations? Is this true violence, or spanking?

Jillian
March 6, 2008 11:34 PM


The court ruling seems just to be a reiteration of the laws on the books. Enforcement seems to be the real issue.

It seems to me the Longs would have been wise to not challenge the laws or the enforcement. But on the smattering of facts presented, they don't appear wise about various other things either.

rebeccat
March 7, 2008 12:10 AM

This has been an incredibly poorly reported story. No one has mentioned if any of the claims of abuse have been substantiated (there are occasional problems with people who disapprove of homeschooling making false charges against families and in some areas child services officials require their workers to undergo lobotomies before being hired and are notorious for harassing people who fall into their path regardless of the reality of the situation).

There have also been no reports of how local officials presumably under this court's jurisdiction are responding. There have been no legal opinions on the ruling offered except by HSLDA who tends to have their own perspective and agenda which can run a little towards alarmist thought. There has also been very little analysis of the actual decision other than quoting the line about no constitutional right to homeschool. Etc. I'm also disgusted at all the "we want to be able to teach our kids a pack of lies which will undermine their faith as adults" quotes from homeschooling parents. It's easier to find homeschool parents who would never expose their children to this cow dung than it is to seek out 4 or 5 parents who are all this mentally deficient.

What is concerning about this case, however, is precisely that "no constitutional right" phrase. If they had said, "the right to homeschool is not absolute. In cases where there is a proven need for oversight to ensure the safety of the child, the need supercedes any right to homeschool", then this would be one family's problem. By simply saying that no parent anywhere in the state of California has the right to homeschool their child unless they are a certified tutor, it could become a lot of people's problem. Instead of keeping to the issue of the case - whether the children needed to be in a school setting so they could be monitored for their well being and if this need superceded the parent's desire to homeschool them the judges expanded their ruling to cover people who circumstances were not before the court.

There was also a very troubling part of the ruling regarding the claim to religion as giving a right to homeschool. The judges could have said that the need to protect the children overrode the parent's religious claims, just as parents can't refuse blood transfusions for their children due to religion because the need to secure the child's life over rides relgious concerns. Instead, they rejected the idea that any religious claim could be considered in deciding where the balance between the need for supervision and the religious beliefs of the family cross. Instead of being a factor to be considered, while not being an airtight "get out of jail free card", the judges found that the parent's religious beliefs were irrelevant and not a matter to be taken into consideration because it would be too easy for people to claim a religious motivation for homeschooling. So, some people might lie about their religious beliefs, therefor the very real religious beliefs of other parents cannot be taken seriously.

It's just dumb. The good thing about it is that it seems to be such a poorly conceived and over-reaching judgement that it probably doesn't stand much chance of being upheld by higher courts. They may decide that the kids need to be in school, but not for the ridiculous reasons laid out in this decision. If not, well California would probably change their laws to solve the problem. And if they weren't, there are people who will either leave or break the law to do it anyways. It's an unsustainable policy.

Russ
March 7, 2008 12:40 AM

The initial course of action that several homeschool groups are taking is to have this decision depublished (that is, to have the decision removed from public record). This is the simplest solution and doesn't require any kind of defense of the family that was involved in the case (I don't know if the abuse charges have been substantiated, but they do go back quite a while. It's also worth noting that they did not act in accordance with the current practice in California of homeschoolers registering as private schools). And, for rebeccat, there are lawyers working on this who recognize that a much better approach is to argue for a better balance of parental rights with the responsibility of the state to protect children than the HSLDA approach of some kind of absolute constitutional right.

Major Wootton
March 7, 2008 1:19 AM

In the LA Times article, one reads, "The appellate court ruling stems from a case involving Lynwood parents Phillip and Mary Long, who were repeatedly referred to the Los Angeles County Department of Children and Family Services over various allegations, including claims of physical abuse, involving some of their eight children."

I wondered: referred by whom? Were these allegations sustained? Isn't this information part of the real story?

Thanks for this item, Rod, as for the earlier one on the Busekros family in Germany.

The Watcher
March 7, 2008 1:47 AM

If the parents have no Constitutional right to educate their children, then the state must have that power alone. In other words, all powers not granted to the parents are reserved to the state.

Only liberals would come up with such insanity, and try to declare it "reason" or "progressive".

So, rather than deal with the issue in front of them, they have decided that the ends justify the means, and declare that the state owns and has absolute power over education of children. That a court would be not just be inclined that way, but actually to leap that far is scary.

MI
March 7, 2008 8:17 AM

Volokh conspiracy has some discussion here:

volokh.com/posts/1204845642.shtml

Link to the case here:

www.courtinfo.ca.gov/opinions/documents/B192878.PDF

...in case anyone's interested.

Barbara
March 7, 2008 8:50 AM

A few months ago a woman here in Chicago pulled her kids out of school, said she was homeschooling, and then the kids were found dead a month later. Someone at the Sun Times, I think it was, tried to pin it all on homeschooling. As the story came out, though, the family had been under investigation by DCF for over a year, and DCF had not followed up like they were supposed to do. The school officials had also dropped the ball in a few places; I think maybe they had never received written notification of the children being taken out of school just a verbal. And of course, the saddest part is that it took at least two weeks for anyone to realize that the kids were dead.

Illinois has very liberal homeschooling laws: no testing, no record-keeping, you consider yourself a private school but you don't have to file anything. We also have a variety of religious and non-religious, liberal and conservative homeschoolers.

sigaliris
March 7, 2008 9:40 AM

Thanks for the link, MI. From the court documents, section labeled "Background of the Case":

A Welfare and Institutions Code section 300 petition was filed on behalf of three
minor children after the eldest of them reported physical and emotional mistreatment by
the children’s father.

The attorney representing the younger two children asked the juvenile court to
order that the children be enrolled in a public or private school. The dependency court
declined to make such an order despite the court’s opinion that the home schooling the
children were receiving was “lousy,” “meager,” and “bad,” and despite the court’s
opinion that keeping the children at home deprived them of situations where (1) they
could interact with people outside the family, (2) there are people who could provide
help if something is amiss in the children’s lives, and (3) they could develop
emotionally in a broader world than the parents’ “cloistered” setting. As noted above,
the court ruled that the parents have a constitutional right to home school the children.
From that ruling the attorney for the younger children seeks extraordinary writ relief.

It appears the children themselves claimed to be abused.

Mhoram
March 7, 2008 9:44 AM

Yeah, it's great here in Illinois; no state requirements at all, other than if you pull your kids out of school, it's a good idea to send the school a letter making it official so your kids aren't considered truant. Schools try to fool parents into thinking they have to sign up for supervision, but that's not true. Homeschooling has gotten common enough around here that if you tell people you're going to do it, they don't gasp or point or anything. If you're smart and known for living unconventionally, people here halfway expect you to homeschool.

My mom says that when I was young and getting bored with school, my folks and a couple other families talked (unbeknownst to me) about homeschooling as a group; but of course, back then it just wasn't done unless you were some sort of religious hermits.

The logic where abuse is involved kills me: A few parents keep their kids at home so they can abuse them 24 hours a day without anyone else knowing--so the answer is to take them away 8 hours a day 180 days a year, so they can be regularly inspected for visual signs of abuse by government employees? If they're truly being abused, why leave them in the home at all? It's a total strawman.

DavidTC
March 7, 2008 10:15 AM

WRT supposed abuse by homeschoolers, I think the state has a legitmate vested interest in seeing children away from their parents several hours every month.

And it's worth pointing out that for most home schooled kids, this happens repeatedly as kids do activities, some organized by homeschoolers and some normal 'extracurricular' ones. They're out in public all the time, even under the care of other parents doing 'field trips' and stuff. It's the lunatics who don't ever let their kids leave the house that are the danger.

I wonder how many attacks on homeschooling would have their legs cut out from under them if homeschoolers started pushing for mandatory 'homeschool assemblies', where all the homeschooled kids have to show up and attend a fairly pointless speech and lunch once a month, without their parents by their side.

It would be a nice way to make sure that normally-treated homeschool kids learn about various things that are going on and options for them, as even well-informed parents can sometimes get tunnel vision and, for example, never consider that their child might want to join a homeschooled debate team until he comes home all excited from hearing about it from someone else at the assembly.

I understand some of the 'want to protect your kids' concept, although I think it's somewhat wrongheaded, but if your child cannot handle a few hours of interaction with random other children, well, I'm sorry, but they're going to fall apart when they hit college.


But the other purpose would be to notice which kids appear to flinch when other people speak to them, or not understand how to use silverware, or can't talk, or other signs of extreme abuse.

I know it sounds sort of fascist, sorta big-brotherish, but the only way to even notice abuse is to have responsible adults observe kids, and the problem with homeschooling is that abusive parents can keep that from ever happening. It's a legitimate worry.

Rob G
March 7, 2008 11:28 AM

Many areas have homeschoolers' associations, where the parents meet to discuss matters and which also plan group activities for the children. My sister homeschools my three nephews in the Columbus, Ohio area and they have outings and get-togethers pretty often. Also, she's got all three of them enrolled in Cub Scouts which helps with the whole 'social development' thing.

gill
March 7, 2008 11:47 AM

David TC; you're right; you do sound fascist when you say " I think the state has a legitmate vested interest in seeing children away from their parents several hours every month." whew think and chew on those words for awhile. Do you have kids? That and your mandatory assemblies sound like the re-education camp round-up. Observe the kids for what at these aseemblies? Signs? What signs? Based on whose standards? I think you, like many who misunderstand and misperceive homeschooling would do well to talk to a homseschooling family or homeschooled children. You might be surprised.

As others have staed above, I wonder who made the allegations. As a member of HSLDA, every month's newsletter documents many instances where social services are called by neighbors and even family on homeschoolers. Not becuse of any actual abuse or problem, but just to stir up trouble. It's also surprising how many state workers know so little about homeschooling laws and constitutional law regarding probable cause vs suspicion as many try to force themselves into people's homes. These cases will only get more frequent.

I understand many peoples concerns about "socialization" for kids- this with the mindset that kids should be in school to be among other people of their own age. This is based on? Nothing, other than their own experience. And our public schools are such models or societal interaction, what with shootings, "lockdowns", bomb threats, not to mention the social bullying, cliques, and other forms of social harrasment that kids apprently "need". Those things only serve to send the message that public schools are anything but the ideal environment for kids to grow. As to the argument that if kids arent' "socialized" they will turn into freaks of some sort, it seems all the school shootings in the past decade or so occurred at the hands of kids who went to public schools, who were somehow more well-adjusted than someone who was homeschooled? Wonder if anyone worried about their socialization beofre the tragedies occurred?

Francis Beckwith
March 7, 2008 12:04 PM

To paraphrase the late William F. Buckley, Jr.:

I would rather have the first 2000 names in the Boston phone book teach my children than the first 2000 names of the teachers' union membership list

The problem with the court opinion is not that the state does not have the right to intervene in cases of abuse. Rather, the problem is the grounds on which the Court offers its reasons. In essence, the Court denies that the Constitution implies or supports parents' pre-political, natural, obligation to care and nurture for their children. That is, the Court assumes that the state defines, stipulates, posits, etc. this relationship rather than merely recognizes it.

It's a strange time in which we live. The right to privacy protects contraceptive use, sodomy, and even the downloading of pornographic images of virtual children for masturbatory purposes. But that right is not extended to include what seems the most obvious case of all: parents' pre-political obligation to care, nurture, and educate their children.

God help us.

Marian Neudel
March 7, 2008 12:11 PM

Mhoram is right about Illinois, which is quite friendly to homeschooling. Most homeschooling families I know about are involved in all kinds of community activities, and their kids are far from isolated.

Nonetheless, back when I worked in the child welfare system, and in one divorce case I handled, I did run into problems in homeschooling families. That's two families over 35 years, so certainly not grounds for blanket condemnation. One of the cases involved abuse and neglect, and the other just involved terminal weirdness, but it was good that they came to public attention.

Marian Neudel
March 7, 2008 12:18 PM

"The right to privacy protects contraceptive use, sodomy, and even the downloading of pornographic images of virtual children for masturbatory purposes."

And just which nonconsenting (or unable-to-consent) human being would we be protecting by banning computer-graphic child porn? Restrictions on vile but victimless ways for people to get their jollies are nothing but sumptuary regulations.

Joel
March 7, 2008 12:24 PM

FWIW, Volokh agrees that there is no constitutional right to homeschooling.

http://www.volokh.com/archives/archive_2008_03_02-2008_03_08.shtml#1204845642

trotsky
March 7, 2008 12:43 PM

The court is being very discreet about the family, but this line in the last paragraph of the ruling (handily linked by Volokh) seemed telling:

"Given the history of this family, which we need not discuss here ..."

Reading the case, it sounds like several of the kids want the heck out, which makes me wonder if we're talking about home-schooling or have crossed the line into imprisonment.

The reaction to this case reflects a paranoid streak that the facts in no way justify. Nobody's trying to stop home-schooling in California. In one isolated case, the family court appears to be trying to end an abusive situation that the parents are trying to justify under the guise of home-schooling.

Daniel
March 7, 2008 12:45 PM

It's absurd to think there is a constitutional right to deny your children an education. If homeschool activists had their way, there would be absolutely no check to assure that children are learning anything at all. So the states have to draw lines.

For a movement that complains about judicial activism and constitutional literalism, the idea that there is a constitutional right to keep your child illiterate--if that's what you chose, as the end point of educational decisionmaking--is absurd and almost shocking.

rebeccat
March 7, 2008 12:58 PM

Daniel, find a shred of evidence which finds that children are less likely to receive an education in a homeschool setting than in a public school setting and you might have a case. As it stands, based on the record, schools ought to have homeschoolers monitor their performance since homeschoolers are the only group which consistently turn out kids with better than average skill sets and test scores than other forms of education available to americans.

All you've done is shown that you are a bigoted idiot at this point, but if you can find any evidence whatsoever that homeschool parents are standing on a right to keep their kids illiterate, I'll be dead in the corner from holding my breath waiting. I guess I can take some comfort in the fact that it will be impossible for my eyes to be subjected to anything as stupid as your "right to illiteracy" comments. But please, do us all a favor, lay off the 'shrooms and join us back on this planet sometime.

BTW, there's also no explicite constitutional right to take a dump, grow your hair long or use q-tips. Let's hope this court never decides to make a ruling on that basis! I need to go read Shakespeare to reset my synapses from dealing with so much dumb stuff! Yeesh.

rebeccat
March 7, 2008 1:02 PM

D, it is your claim that ANY hopmeschool parent is/has argued that they can/should deny their kids an education which is absurd. As the record stands, public schools should be required to submit to monitoring by homeschoolers since only homeschoolers have a consistent record of providing American children with a quality education.

And there's also no explicite constitutional right to take a dump, use q-tips or brew coffee in your house in the morning. Let's hope that this court is never called on to rule on anything remotely related to those issues! Yeesh.

rebeccat
March 7, 2008 1:05 PM

There's a version of this story with much better reporting than we have seen in the San Fran Chronicle today. Here's the addy without the www.:
sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL

Rod, would you check the spam bot, I tried responding to the factually challenged claims above and it got eaten. The first one may have deserved to have been eaten because while accurate, it wasn't very nice, but I think the second one is an error and the, effluence above ought not to be allowed to stand unchallenged. It creates the air of a poorly cleaned public lavoratory around here.

Rob G
March 7, 2008 1:07 PM

"It's absurd to think there is a constitutional right to deny your children an education. If homeschool activists had their way, there would be absolutely no check to assure that children are learning anything at all."

Please. Any 'homeschool 'activists' who think that way are a tiny minority of the whole homeschool movement. And in any case, I don't see where the Constitution mandates that one's children be made literate by the government's standards or otherwise. I think the government's time might be better served if they started spending time looking out for the literacy of students at their own schools. The presence of homeschool underachievers does not seem to be a huge problem with the movement.

aaron
March 7, 2008 1:10 PM

For a movement that complains about judicial activism and constitutional literalism, the idea that there is a constitutional right to keep your child illiterate--if that's what you chose, as the end point of educational decisionmaking--is absurd and almost shocking.

For someone who chastises conservatives for making slippery-slope arguments regarding gays, this is priceless.

Daniel
March 7, 2008 1:12 PM

For someone who chastises conservatives for making slippery-slope arguments regarding gays, this is priceless.

I try. :) It is interesting that the homeschool movement--firmly entrenched at the far right of the conservative establishment--wants expansive interpretations of constitutional rights in order to accommodate their political goals.

rebeccat
March 7, 2008 1:24 PM

Daniel, what expansive interpretations are homeschooler's asking for? Please provide some evidence. Also, what are the political goals of homeschoolers? Again, some evidence, please. And while you're at it, perhaps you can track down the constitutional basis for government mandated and monitored education of children? If you don't mind. Oh, perhaps some evidence for your claim that the homeschool movement is "firmly entrenched at the far right of the conservative establishment", that would be great. Some research and statistics which clearly show that your expansive and confident claim is true would do. I'm sure none of this would be hard to find as it's all so patently obvious, right?

I'm sure you won't bother, though because you're too happy working off of lies, delusion and bigotry, to let little things like FACTS get in the way of a good acid trip - huh?

Rob G
March 7, 2008 1:26 PM

"It is interesting that the homeschool movement--firmly entrenched at the far right of the conservative establishment..."

Not so. There are many port-listing homeschoolers of the 'crunchy Left' variety, and also not a few libertarian types.

"For someone who chastises conservatives for making slippery-slope arguments regarding gays, this is priceless."

A socialist's lack of consistency continually wrestles for dominance with his lack of nuance.

gill
March 7, 2008 1:44 PM

I found this wish list amusing and seems to encapsulate a lot of what home schoolers feel about those who know litlle or nothing about it:

The Bitter Homeschooler's Wish List
By Deborah Markus, from Secular Homeschooling, Issue #1, Fall 2007


1 Please stop asking us if it's legal. If it is — and it is — it's insulting to imply that we're criminals. And if we were criminals, would we admit it?

2 Learn what the words "socialize" and "socialization" mean, and use the one you really mean instead of mixing them up the way you do now. Socializing means hanging out with other people for fun. Socialization means having acquired the skills necessary to do so successfully and pleasantly. If you're talking to me and my kids, that means that we do in fact go outside now and then to visit the other human beings on the planet, and you can safely assume that we've got a decent grasp of both concepts.

3 Quit interrupting my kid at her dance lesson, scout meeting, choir practice, baseball game, art class, field trip, park day, music class, 4H club, or soccer lesson to ask her if as a homeschooler she ever gets to socialize.

4 Don't assume that every homeschooler you meet is homeschooling for the same reasons and in the same way as that one homeschooler you know.

5 If that homeschooler you know is actually someone you saw on TV, either on the news or on a "reality" show, the above goes double.

6 Please stop telling us horror stories about the homeschoolers you know, know of, or think you might know who ruined their lives by homeschooling. You're probably the same little bluebird of happiness whose hobby is running up to pregnant women and inducing premature labor by telling them every ghastly birth story you've ever heard. We all hate you, so please go away.

7 We don't look horrified and start quizzing your kids when we hear they're in public school. Please stop drilling our children like potential oil fields to see if we're doing what you consider an adequate job of homeschooling.

8 Stop assuming all homeschoolers are religious.

9 Stop assuming that if we're religious, we must be homeschooling for religious reasons.

10 We didn't go through all the reading, learning, thinking, weighing of options, experimenting, and worrying that goes into homeschooling just to annoy you. Really. This was a deeply personal decision, tailored to the specifics of our family. Stop taking the bare fact of our being homeschoolers as either an affront or a judgment about your own educational decisions.

11 Please stop questioning my competency and demanding to see my credentials. I didn't have to complete a course in catering to successfully cook dinner for my family; I don't need a degree in teaching to educate my children. If spending at least twelve years in the kind of chew-it-up-and-spit-it-out educational facility we call public school left me with so little information in my memory banks that I can't teach the basics of an elementary education to my nearest and dearest, maybe there's a reason I'm so reluctant to send my child to school.

12 If my kid's only six and you ask me with a straight face how I can possibly teach him what he'd learn in school, please understand that you're calling me an idiot. Don't act shocked if I decide to respond in kind.

13 Stop assuming that because the word "home" is right there in "homeschool," we never leave the house. We're the ones who go to the amusement parks, museums, and zoos in the middle of the week and in the off-season and laugh at you because you have to go on weekends and holidays when it's crowded and icky.

14 Stop assuming that because the word "school" is right there in homeschool, we must sit around at a desk for six or eight hours every day, just like your kid does. Even if we're into the "school" side of education — and many of us prefer a more organic approach — we can burn through a lot of material a lot more efficiently, because we don't have to gear our lessons to the lowest common denominator.

15 Stop asking, "But what about the Prom?" Even if the idea that my kid might not be able to indulge in a night of over-hyped, over-priced revelry was enough to break my heart, plenty of kids who do go to school don't get to go to the Prom. For all you know, I'm one of them. I might still be bitter about it. So go be shallow somewhere else.

16 Don't ask my kid if she wouldn't rather go to school unless you don't mind if I ask your kid if he wouldn't rather stay home and get some sleep now and then.

17 Stop saying, "Oh, I could never homeschool!" Even if you think it's some kind of compliment, it sounds more like you're horrified. One of these days, I won't bother disagreeing with you any more.

18 If you can remember anything from chemistry or calculus class, you're allowed to ask how we'll teach these subjects to our kids. If you can't, thank you for the reassurance that we couldn't possibly do a worse job than your teachers did, and might even do a better one.

19 Stop asking about how hard it must be to be my child's teacher as well as her parent. I don't see much difference between bossing my kid around academically and bossing him around the way I do about everything else.

20 Stop saying that my kid is shy, outgoing, aggressive, anxious, quiet, boisterous, argumentative, pouty, fidgety, chatty, whiny, or loud because he's homeschooled. It's not fair that all the kids who go to school can be as annoying as they want to without being branded as representative of anything but childhood.

21 Quit assuming that my kid must be some kind of prodigy because she's homeschooled.

22 Quit assuming that I must be some kind of prodigy because I homeschool my kids.

23 Quit assuming that I must be some kind of saint because I homeschool my kids.

24 Stop talking about all the great childhood memories my kids won't get because they don't go to school, unless you want me to start asking about all the not-so-great childhood memories you have because you went to school.

25 Here's a thought: If you can't say something nice about homeschooling, then don't say it!

Susan
March 7, 2008 1:47 PM

The court involved breezed over the constitutional argument, which remains to be addressed, and which, if valid, would trump the Education Code.

I personally picked this up on World Net Daily the day after it was decided (not the world's most reliable source) and ran it down for legal citation. Then I relentlessly needled the LA Times until they published an account. They'd have found it anyway sooner or later (I hope). I can't take credit for the article - they researched the matter very well once I called it to their attention.

This case purports to outlaw all homeschooling in California but for a very few exceptions.

This is a case of the Second Appellate District of California (that is, Los Angeles and environs) and statements of the teachers' union to the contrary, is not binding on courts in any other District. Until the California Supreme Court rules on the matter.

You-all are invited to read the entire case at http://www.jadepebble.com/In%20re%20Rachel.htm

I posted it there, but now it's available at a number of sites.

What will happen now? No one knows. This particular case has "bad facts" in that the family seems to have been abusive in other ways. It would be better to take a case up to the Cal Supremes with "good facts" to wit, a squeaky-clean family.

The problem is that there are some 166,000 children being homeschooled in California (or more even, who knows) and in fact, statements by the teachers' union to the contrary, the public school districts are not anxious to take on that many children in addition to the ones they can't care for properly already. No one will challenge a squeaky-clean family. I'm assuming that someone or other will set up a "test case" which will probably not be this particular family.

Check out also this article in the SF Chronicle:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL

What will happen now is that people will go on doing what they've always been doing, and everyone will wait for a final disposition of this matter, which will take years. This is NOT a done deal. This is the opinion of one district appellate court in California, not legally binding on any other district in California, let alone on anyone outside of California.

But. I'm suspecting that the Education Code sections on which the court here relies are duplicated in most other states.

Coming soon to a state near you.

Big Brother Is Watching.

Kit Stolz
March 7, 2008 1:47 PM

"Bad cases make bad law," as the phrase goes. As Rebeccat and numerous others have said, this looks like a nightmare case, and a desperate social advocate trying to to do something for two kids reporting abuse.

For twenty-five years, the state of California has said it does not want to regulate homeschoolers -- and left that to school districts. Still, the state doesn't want to give parents the right to abuse homeschooled kids, either. That's the question: how do we balance those rights fairly?

In the past, we began with the assumption that the parents were looking out for the best interests of their kids. In most cases with homeschoolers, that's undeniable. But in this case...not so much.

Daniel
March 7, 2008 2:21 PM

"There are many port-listing homeschoolers of the 'crunchy Left' variety, and also not a few libertarian types."

You know, I hear this all the time. And I have no doubt a few exist. But the homeschool movement and its legal efforts are firmly entrenched in the culture wars with religious conservative. They aren't hanging out with the CATO Institute, they are lunching with Focus on the Family. Let's not kid ourselves here.

While the demographics of homeschoolers may be "diverse," the people who bring lawsuits, lobby legislatures, and lead national organizations are in lock-step with the conservative far right.

trotsky
March 7, 2008 2:32 PM

"The case purports to outlaw all home-schooling in California with very few exceptions"

It does? Says who? Who asked for that to happen? What judge granted that motion?

Susan
March 7, 2008 2:42 PM

OK, Daniel, but as a former homeschooler myself, let me let you in on the fact that a VERY substantial number of homeschoolers are on the left. Like the far left, if you know what I mean.

Of course the far lefties (aka anarchists) have given up on government, so they don't "lobby legislatures, and lead national organizations." They just do what they do and nuts to you, catch me if you can. (Be sure to bring your gun, because we are armed.) (This is where the left meets the right. If you're an anarchist, which are you?? We ain't got to show no stinkin badges.)

The figure for homeschooled children in California quoted by the Times (166,000 and change) is probably very far short of the reality. Many of these people are off the grid, especially in California, which has hundreds of thousands of square miles of nearly absolute wilderness.

Legislatures can pass laws, courts can hand out decisions. But then someone has to go and catch up with "lawbreakers," and who would that be exactly in this situation? Who stands to gain? The Weitchpec school district (look it up, try "Hoopa") is going to beat the many hundreds of square miles of wilderness in their "jurisdiction" to find kids to coerce into the one-room Weitchpec elementary school? I don't think so. They already have their hands full, and if they send in school district agents it's a 50/50 that the same will be shot.

Susan
March 7, 2008 2:44 PM

trotsky, read the case, then get back to us.

Please review your high school civics class. The legislature makes laws; the courts interpret them. Perhaps you should have been homeschooled.

Connie
March 7, 2008 2:49 PM

Wow, gill, what a great list! I've been on several homeschool lists/groups, and that's one I've not seen before.

You all are splitting hairs about who homeschools: organic hippies or troglodyte-6 day creation-flat-earthers. Homeschoolers truly cross the political, religious, and educational spectrum.

Just as public schools are not responsible for every wacko who shoots up a school, homeschoolers are not responsible for every (or any) disordered family that kills or otherwises abuses their kids in the name of homeschooling. Howmever, homeschoolers are extremely resistant to closer monitoring of homeschoolers in order to help prevent such cases.

As RebeccaT surely knows, the problem comes that the most vocal homeschool lobbying group, HSLDA, is firmly on the "right" end of the spectrum. Non-religious homeschoolers have been trying to develop their own lobbying organization, but it's been a hard slog. HSLDA has been at this for 30(?) years, and they often take stands on issues that have nothing to do with the rights of parents to homeschool, and that are at odds with parents who do not h/s for religious reasons. They are the ones who have proposed an amendment to the U.S. Constitution guaranteeing the right of parents to educate their children (or not) as parents see fit.

For a look at the representation of the "left" end of homeschooling, try HEM (Home Educators Magazine) and "Who Stole Homeschooling?" by Cheryl Lindsey Seelhoff. (Rod, if you aren't aware of Cheryl's background and work in what was the early crunchy con movement, you should be.)

My take on the California decision? Rod had the chance for another inflammatory headline. (Ruling something illegal =/= "hates.") And the ruling will amount to nothing in practice for California homeschoolers, but serve as an excuse for HSLDA to screech, induce terror, and gather more dues-paying members.

Rob G
March 7, 2008 2:52 PM

'While the demographics of homeschoolers may be "diverse," the people who bring lawsuits, lobby legislatures, and lead national organizations are in lock-step with the conservative far right.'

Assuming this is the case, which I don't necessarily grant, the point is....?

Susan
March 7, 2008 2:59 PM

My take on the California decision? Rod had the chance for another inflammatory headline. (Ruling something illegal =/= "hates.") And the ruling will amount to nothing in practice for California homeschoolers, but serve as an excuse for HSLDA to screech, induce terror, and gather more dues-paying members.

Sadly true, Connie. This is not "law" for all of California, and will not be so for a long time. And for even longer, if we're looking for meaningful enforcement, which may take until the Second Coming.

It's going to be a long time before the real import of this decision shakes out. And political pressure will be important. But HSLDA is, as you note, far to the right, and has its own ox to gore.

My advice to current California homeschoolers? Go on doing what you are doing. Your kids will be in college long before anyone can sort this out. And support organizations who are fighting this, but not necessarily HSLDA.

I intend to get involved, not for personal reasons (my youngest is 23) but for political reasons.

You parents, you have more than enough to think about, go back to those lesson plans. :) Don't pay much attention to Rod's headlines or to the HSLDA.

trotsky
March 7, 2008 3:01 PM

Susan,

I did read the case.

The lower court had ruled that the family, despite allegations of abuse by the oldest child (per the L.A. Times) that led the family court to want more oversight, nonetheless had a constitutional right to home-school the kids. The appeals court overturned on those grounds.

Nobody has asked anyone to outlaw home-schooling. And it hasn't happened.

Daniel
March 7, 2008 3:19 PM

It's interesting to know there is such tension with HSDLA.

Susan
March 7, 2008 4:14 PM

trotsky,

Read the case again. The court is saying that all children must be IN SCHOOL (ie, on the grounds) full time, according to the Education Code. Don't make me quote the court.

gill
March 7, 2008 4:17 PM

Connie: I'm glad the homeschool community is as diverse as it is. I do belong to HSLDA, but don't feel that they are entrenchd to the right. Just because an organization is not left, does that make it right? It may be like the saying goes (paraphrased) that the HSLDA is not right-wing relgious, but many right wing religious are in HSLDA. It's true too, that there seems to be no leftie version of the HSLDA, but why should there be? Why couldn't the ACLU support homeschoolers? Could it be because they are so entrenched to the left? Can't we all get along? Seems to me that if one homeschooler is suffering legal battles to do what they want, we all should support it. To me its the principle, not what your reason for doing it is.

Erik
March 7, 2008 4:30 PM

"There are many port-listing homeschoolers of the 'crunchy Left' variety, and also not a few libertarian types."

You know, I hear this all the time. And I have no doubt a few exist...

[raises hand]

Susan
March 7, 2008 4:30 PM

"The trial court’s reason for declining to order public or private schooling for the children was its belief that parents have a constitutional right to school their children in their own home. However, California courts have held that under provisions in the Education Code, parents do not have a constitutional right to home school their children. Thus, while the petition for extraordinary writ asserts that the trial court’s refusal to order attendance in a public or private school was an abuse of discretion, we find the refusal was actually an error of law. It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) applies to the child. Because the parents in this case have not demonstrated that any of these exemptions apply to their children, we will grant the petition for extraordinary writ." (Emphasis added.)

Got it yet trotsky?

Erik
March 7, 2008 4:32 PM

Sorry, formatting error...

"There are many port-listing homeschoolers of the 'crunchy Left' variety, and also not a few libertarian types."

You know, I hear this all the time. And I have no doubt a few exist...

[raises hand]

Larry Parker
March 7, 2008 4:34 PM

Legal question:

Does California have any old Blaine Laws still on the books and not repealed?

Susan
March 7, 2008 4:36 PM

Larry, what is an "old Blaine law"?

Susan
March 7, 2008 4:37 PM

gotta duck out here, I'm leaving town. May other California law experts answer.

Jillian
March 7, 2008 4:40 PM

In essence, the Court denies that the Constitution implies or supports parents' pre-political, natural, obligation to care and nurture for their children. That is, the Court assumes that the state defines, stipulates, posits, etc. this relationship rather than merely recognizes it.

The Court is doing no such thing. It is saying the California Constitution is skeptical, and rightly so, of all parents' ability to live up to social duties that are conventional between parent and child and society.

25 Here's a thought: If you can't say something nice about homeschooling, then don't say it!

My takeaway is that hardcore homeschooling ideology comes with long lists of resentments, involves copious use of and emphasis on the words "I" and "my", and indulges in use of the imperative voice.

trotsky
March 7, 2008 4:45 PM

Susan,

Thanks, that helps.

Nonetheless, the court simply said what the law is and has been. My neck of the woods in NorCal is thick with home-schoolers. They advertise their events in the newspaper. They send their kids to the spelling bee (and win!). They have "charter schools" set up so they can get some money for supplies and support with classes that are beyond the parents.

It's quite a flourishing movement, and nobody in practice is trying to stop it, whatever the court might say.

Susan
March 7, 2008 4:47 PM

Jillian:

Perhaps "hardcore homeschooling ideology (whatever that might be) comes with long lists of resentments, involves copious use of and emphasis on the words "I" and "my", and indulges in use of the imperative voice." OK.

May I be the first to say that all that, even if true, does not make the assertions in question false.

For example. If I say, with resentment, using copious emphasis on the words "I" and "my" and if I indulge in the use of the imperative voice with reference to this statement, something like "2 + 2 = 4", all those factors do not, of themselves, make my statement untrue.

Get over yourself.

Susan
March 7, 2008 4:52 PM

Go, trotsky!! Civil (or, uncivil, as the case may be) disobedience has a long and honored history in your part of the country (and mine), and let them take us alive if they can!!

Jillian, get over yourself. Send your kids to school if that's what works for you, get over trying to get everyone else on your page.

Daniel
March 7, 2008 5:03 PM

Civil (or, uncivil, as the case may be) disobedience has a long and honored history in your part of the country (and mine), and let them take us alive if they can!!

Paranoid and armed. A dangerous combination.

aaron
March 7, 2008 6:45 PM

Paranoid and armed. A dangerous combination.

Better than gullible and disarmed.

Anonymous
March 7, 2008 7:45 PM

"And just which nonconsenting (or unable-to-consent) human being would we be protecting by banning computer-graphic child porn? Restrictions on vile but victimless ways for people to get their jollies are nothing but sumptuary regulations."

You're assuming that consent is a condition that requires that the law lift its hand do nothing. But why should I believe that? Mere stipulation?

It seems to me that the wider community has an interest in making sure that the disordered desires of pedophiles are not honed and perfected by their wanking to images of even virtual children. Suggesting that one can legitimately consent to one's own degradation means that human beings are only conditionally and intrinsically, valuable. To reduce the moral life, and the law of the polis, to mere consent, diminishes us all.

FJB

Francis Beckwith
March 7, 2008 7:45 PM

"And just which nonconsenting (or unable-to-consent) human being would we be protecting by banning computer-graphic child porn? Restrictions on vile but victimless ways for people to get their jollies are nothing but sumptuary regulations."

You're assuming that consent is a condition that requires that the law lift its hand do nothing. But why should I believe that? Mere stipulation?

It seems to me that the wider community has an interest in making sure that the disordered desires of pedophiles are not honed and perfected by their wanking to images of even virtual children. Suggesting that one can legitimately consent to one's own degradation means that human beings are only conditionally and intrinsically, valuable. To reduce the moral life, and the law of the polis, to mere consent, diminishes us all.

FJB

Jillian
March 7, 2008 7:53 PM

May I be the first to say that all that, even if true, does not make the assertions in question false.
....
Get over yourself.
....
Send your kids to school if that's what works for you, get over trying to get everyone else on your page.

Well, thank you for illustrating my points rather clearly.

I didn't deny that some or all of the things listed happen. It's the narcissistic and solopsistic ideological element that was the point, and maybe it is the running problem of the political movement.

And no, I'm not selling a particular point of view. My next door neighbors homeschool and it's quite successful- they are very good and intelligent people who resorted to it when stuck living 20 miles from the nearest school a few years ago in another state.

Thing is, they are humble about it and it's a lifestyle choice- one of them was a public school teacher and it's transparently an excuse so that he doesn't need to go take a job. Thing is, they think their children deserve socialization and getting used to competition with all of their peer group. They will put them into the local, good, high school when they reach high school age.

Like the far left, if you know what I mean.

Far Left and Far Right have a well known way of merging into the same things in practice....

Marian Neudel
March 7, 2008 8:13 PM

"And just which nonconsenting (or unable-to-consent) human being would we be protecting by banning computer-graphic child porn? Restrictions on vile but victimless ways for people to get their jollies are nothing but sumptuary regulations."

"You're assuming that consent is a condition that requires that the law lift its hand do nothing. But why should I believe that? Mere stipulation?"

No, actually, for purposes of this post, I'm just assuming that, for the law to have any right to intervene, there have to be at least two human beings involved, not merely one human being and some vile CGs. The state should stick to protecting its citizens from each other [which it isn't all that good at anyway], and leave the protection of people from themselves [which it is even worse at] to religious organizations and ethical conclaves.

rebeccat
March 7, 2008 10:15 PM

Susan, thank you for your insight!

gill, that's an awesome list - I'm going to steal it an put it up on my blog

Re non christian conservative groups, I recently learned about a group called National Home Education Legal Defense which appears to be a good alternative to HSLDA, if anyone wants to check it out.

I'm not a fan of HSLDA because they tend to sensationalize everything. This appears to be their way of making themselves relevant now that their original objective of legalizing homeschooling in all 50 states has been achieved. I know that here in Wisconsin, there have been instances of HSLDA being a problem due to their tendency to try and get everyone up in arms over everything. I'm also not a fan of the way they seem to frame all homeschool issues in terms of religious freedom. Anyhow, just thought I'd pass this info along.

watsy
March 7, 2008 11:33 PM

The best way that homeschoolers can protect their right to homeschool is to not defend people who use homeschooling as a means to abuse the kids.

I'm sure that many homeschooling parents can relate to Gill's list, but I'd leave out:Stop assuming that because the word "school" is right there in homeschool, we must sit around at a desk for six or eight hours every day, just like your kid does. My kids don't sit around at their public school desk. They spend time at their desk when they are reading or writing, but they often work in small groups on various projects. They leave the room to go to art, gym, computer, music, science lab, & the library. They play in groups at recess. Sometimes the children skip recess for chorus or special band practice.

Gill
March 8, 2008 9:48 AM

rebeccat; I wish I could take credit for that list but it was borrowed from a secular homeschooling publication. I can see what you mean by HSLDA getting up in arms about pending legislation, political issues, but isn't the price of liberty eternal vigilance? Granted they have helped to achieve an admirable goal in getting every state to legally allow homeschooling, but isn't the price of any great victory the struggle to maintain it? Any issue-oriented political group acts in the same manner, no matter what thier political stripe, and whether they know it or not. I'll check out NHELDF

Gill
March 8, 2008 10:34 AM

Rebeccat: after checking out both NHELD & HSLDA sites I found the following things. NHELD seems like an ok organization to me. I found nothing objectionable about their mission, their goals or beliefs. I do like the fact that they are working on offering a scholarship program for its members. HSLDA, as far as I can see does not have anything like that yet. They do offer funding for member families who have lost a parent, but its not a true scholarship program. I did pick the follwing clips from their respective sites :

Fom the "Who We Are" section:

After a family joins HSLDA, there are no further charges of any kind for defending them in court. HSLDA pays in full all attorney fees, expert witness costs, travel expenses, and all other court costs permissible by state law for us to pay.

The vast majority of contacts member families face are successfully resolved through our early intervention without any court action. Many times HSLDA attorneys call or write letters on behalf of members contacted by local officials. For those who wind up in court, HSLDA provides full representation at every stage of legal proceedings.

FROM THE NHELD SITE:
WITH REGARD TO LEGAL MATTERS
We can’t give legal advice to you since we aren’t licensed to practice law in your state but we can help you navigate through legal issues in the following ways:
· Provide a plan of action for your family to follow in the event of a problem encountered with government officials in instructing your children.

· Provide a letter from NHELD, LLC, to the government officials involved, on your behalf.

Provide a referral (if available) to Legal Assistance by an attorney licensed to practice in your state working jointly with NHELD licensed attorneys.
NHELD believes that most legal problems encountered by families who homeschool may be resolved without resorting to litigation or the adoption of new state or federal laws. NHELD believes that attorneys living, working, and practicing law in your state are most informed about the nuances regarding your state’s homeschooling laws. However, NHELD also believes that these attorneys will be better able to protect your freedom to educate by networking with other attorneys and homeschool associations throughout the country in order to foster exchange of ideas, information, and strategy. That is why NHELD is establishing a network of attorneys and homeschool associations nationwide. Our network will be able to provide valuable assistance in cooperatively developing strategies and in negotiating solutions to your legal problems. You and your state’s attorneys will have access to and the benefit of legal advice from our nationwide network of attorneys whenever needed.


Questions about HSLDA:

4. Is HSLDA a Christian organization?

Yes; however, HSLDA’s mission is to protect the freedom of all homeschoolers. Although our officers and directors are Christians, HSLDA membership is not limited to religiously based homeschoolers. We respect parents' rights to make the appropriate choices for the upbringing of their children. We have no agenda to make all public and home-based classrooms religious or conservative. Our primary objective is to preserve the fundamental right of parents to choose home education, free of over-zealous government officials and intrusive laws. We do put on a national conference annually and invite the board members of state organizations with whom we have worked for many years. Most, if not all, of those organizations have Christian leaders, but many serve all homeschoolers regardless of religious affiliation, as we do.


9. Does HSLDA seek to control the public debate of homeschool issues nationwide?

While we are actively engaged in public debate regarding homeschooling, we do not seek control of the public discussions surrounding homeschooling. Our communications goal regarding mainstream media is simply to promote, honestly and fairly, the merits of home education, for the good of homeschoolers universally. We also generally promote awareness of legal and legislative issues impacting homeschool families. In order to provide timely information to media on demand, HSLDA has employed a professional director of media relations. We view media work as integral to a serious organizational effort to inform the general public about the many positive aspects of homeschooling. In recent years, the media have shown particular interest in our studies on the effectiveness of homeschooling. The hundreds of news stories referring to these studies have been good for all homeschoolers, not just members of HSLDA.


10. Does HSLDA promote exclusively Christian homeschool support organizations?

We do not. Over 500 support groups participate in our group discount program. Religion is not a criterion for participation. We work in conjunction with secular and religious groups alike to promote and protect home education freedoms.

Just some stuff for all to chew on...

rebeccat
March 8, 2008 11:41 AM

gill, I'll give you an example of what NSLDA does which I find troubling. I'm in Wisconsin where we have pretty good homeschool laws and a strong state wide homeschool association, the WPA. One of the things the WPA has done over the years is work to educate our state legislators about homeschooling in a very respectful, non-combative way and has reap the rewards of good relationships and good rules. A couple of years ago, for reasons I don't remember, a fairly new member of the state legislature wrote up a bill which would have increased regulations on homeschoolers in the state. The WPA got wind of it and looked into it. It turns out that the law had to get through the education committee first. Since the WPA had done a good job of educating the law makers on this committee, these folks already knew the law was a bad idea and determined that they would ignore it and not even allow it to come up for discussion. This way our laws remained unchanged and no politician would have to be put in the potentially uncomfortable situation of having to explain ti their constituents why homeschoolers should have to, say recieve approval from the local school district for their curriculum. To an uninformed observer, this may seem perfectly reasonable and putting a politician in a position where they have to try and educate their constiuents about why it's a bad idea without looking like they are advocating for homeschooling could be a serious problem. Better to just let it die silently.

So what did HSLDA do? They pulled one of their "our rights are under threat" stunts and put out a bulletin about the law, encouraging their members to contact their legislator about the bill (whose existance would have been unknown to most of them), write letters to the papers and such and get everyone they knew to do likewise. The WPA asked them not to because such a strategy could very easily backfire on the homeschoolers of this state. Plus, angry phone calls from homeschooling parents about a bill that had no chance of even coming up for a vote creates a combative tone between homeschoolers and law makers. The WPA had invested decades in creating a co-operative and respectful tone between homeschoolers in the state and law makers. And it was working very well. However, this was just one more chance for the HSLDA to justify their existence by creating the impression that the right to homeschool freely is under constant threat. Fortunately, the WPA quickly and effectively got the word out that HSLDA was out of line here and that people should not follow their advice on this matter, so relatively few people took the actions HSLDA recommended and the bill was still able to die quietly.

This is just one example, but I've heard similar stories from other states about this sort of self-aggrandizing interference by HSLDA. I just don't have much respect for them at this point. It almost seems to me that it is because they are well aware that the threat to the right to homeschool has largely passed that they are willing to throw the legitimate needs of homeschoolers under the bus so that they can raise enough alarm to justify their existence. If there were a real threat, they would probably refrain from playing these sorts of ham handed tactics. jmo.

Jennifer
March 8, 2008 6:08 PM

"It's absurd to think there is a constitutional right to deny your children an education."

If I remember correctly wasn't the outcome of the Supreme Court case dealing with Amish children that there was a Constitutional right to educate (or choose not to educate) your children as you see fit? If I remember the facts correctly, the state wanted the children to remain in school until they were sixteen. The Amish don't educate their children past the 8th grade (no need for more education if you work on a farm). The Court decided that the Amish parents could pull their children out of school.

Gill
March 8, 2008 6:40 PM

Rebeccat: point well taken. I think the approach you describe would work better than what transpired. WPA's site is very informative. In comparing the two, it seems WPA works more at the political and legislatural (could that be a word?) level and, like you said, educates the politicians so that they know what they are dealing with when issues come up. Here in Michigan, I don't know that we have an organization working in that same manner.

What I do wonder is what WPA does for people who are accused of abuse or who are told they must comply with some state/local regulation? Do they offer legal assistance? Would they represent someone in a proceeding or act as an advocate? I think that may be HSLDA's real strength. I wish HSLDA did more of what you describe on local levels rather than playin what you call the "rights are under threat" card. Maybe being a national organization places them a little out of the local arena and therefore unaware of state/local nuance and relationships with legislatures.

There's no perfect organization, but there are things each group can learn to make us all strong.

MJ
March 9, 2008 8:47 AM

I'm a former homeschooler who's not a huge advocate of homeschooling, but this is just ridiculous. Do we really have to go through this whole "teacher training and certification are a joke, for the most part" argument AGAIN? My children now go to Catholic and public schools, where all the teachers are certified. I'll say right off that they all have some EXCELLENT teachers, so this is not teacher-bashing by any means. But even in our hardly-getting-anything-done homeschooling (one of the reasons we quit), we were still ahead of the traditional schools, by about half a year to a year. You just can accomplish more in less time when you're not bogged down by lunch money and lining up to go to the bathroom, not to mention one-on-one attention. I'm not a certified teacher, either, although I'm now working on a Master's degree.

MJ

aquaman
March 9, 2008 10:50 AM


Do you believe that the CA appellate court used this admittedly hard case to make bad law? I do. But then again, I don't claim to love judicial "restraint" and abhor judicial "activism."

One hundred years ago (give or take), the Supreme Court decided, in an arguably activist decision, that parents have a fundamental right to direct the education of their children. That case involved Catholic parents who wished to send their children to parochial school; arguably, the Court should have struck down the law as being anti-Catholic in both purpose and effect, rather than creating a new constitutional right from whole cloth.

Judicial restraint dictates that judges should not create new rights, and should construe narrowly prior cases that create such rights. Therefore, the California appellate court's ruling is a sterling example of judicial restraint.

In Massachusetts, homeschoolers here enjoy some of the broadest constitutional protections in the nation, even if they occasionally have to rebuff an overzealous bureaucrat. Gay people also have the constitutional right to get married. The former is probably a more activist stance than the latter-- at least the SJC's gay-marriage decision was strongly rooted in legislative pronouncements banning discrimination against gays in employment, housing, and (especially) child custody. And imo, the SJC correctly decided both issues.

For most of us, activist courts are only bad when we disagree with them.

Peace.


Franklin Evans
March 9, 2008 11:47 AM

The advantages of professional training in education should be clear and supported by every parent:

1) A strong foundation in child development, what constitutes the normal range for any chronological age, and the dual benefit of knowing when to challenge a child where she needs it and avoid frustrating a child who is not ready.

2) A key tool in diagnosing a problem early is seeing a child in a group of peers. No parent is prepared to know when a child may be in developmental trouble without other children to compare to; name me a parent not in a formal academic track in social sciences or education who can identify developmental problems. I'll point to thousands of others who can't.

One good thing about requiring homeschooling parents to have some minimal formal training is specifically in #2. One of my wife's biggest griefs (masters in Ed., special ed teacher and administrator) is the parent who is in absolute denial of her child's problems. A homeschooling parent who has been exposed (at the least) to child development science is much less likely to do that, and much more likely to get the child the help she needs.

Personal note: my wife, a 35-year veteran, vehemently advises young people to not go into teaching, because of the bullshit she puts up with from administration and government, and the undeserved hatred she gets from (often willfully) ignorant parents. Imagine, if you can, being given a job that requires you to use a keyboard, but the rules prevent you from using your left hand and two of the fingers on your right hand, and further you will be fired for breaking those rules. Those of you who think formal training in teaching is a "waste of time", I sincerely hope you do not injure your children as a result of your ignorance.

scotch meg
March 9, 2008 12:07 PM

Franklin,

I wouldn't contest that there are benefits to teacher certification, even for home schooling parents. The question is whether that certification should be required of every home schooling parent. Since certification is not required of private school teachers, university professorts, religious education teachers, and others in teaching positions outside the public schools, why should it be required of home schooling parents?

Again, it is a question of what should be required, not what might be optimal.

With regard to learning disabilities, behavioral problems, and the like, it is sometimes (perhaps often!) the case that parents choose to home school precisely because the school is not dealing effectively with such an issue.

I think it comes down to whether or not you trust (most) parents to act as best they can in the best interest of their children. State first? or parents first?

Franklin Evans
March 9, 2008 1:06 PM

A valid question, Meg. Some facts involved:

A private school will not receive accreditation if it does not maintain a standard of training in its staff. That in turn will damage students' chances of (for example) going to college.

As for the rest, consider that a public ed teacher, even at the secondary level, is necessarily a generalist. He must keep track of learning requirements (the IEP as it is called in many states), be at once sympathetic to issues like puberty, peer pressure and cultural differences, find a sane balance between prison warden and complete push-over, and still provide lesson plans a week ahead of time and juggle extra-curriculars, holiday schedules, and coverages for teachers out sick. A university professor is credentialed solely in the topic area and must compete with others for a position (unless there is nepotism involved; but then incompetence in a college classroom will, I hope you agree, not remain secret for very long), with the understanding that upon reaching the age of 18 and acceptance to a college, the student has acquired all the necessary skills or proven her ability to physically and mentally cope with college; the only program I know of that has formal requirements is the Religious Education curriculum for the Unitarian Universalist Association. Catechism is only ever taught by a priest or a nun under a priest's supervision (this may have changed in some areas, but not I'm sure the supervision part).

I trust all parents by default to act in the best interests of their children. I never assume that they have the requisite, specialized knowledge for certain things, and any parent who fails to acknowledge their ignorance or fails to do something about it is, in fact, acting against the best interests of his children. Whether that ignorance is honest, willful or somewhere in between, reality is a law that makes the local government responsible along with the parents. Homeschoolers must, if nothing else, see the gap left by their stepping outside that law, and do the responsible thing to fill the gap.

Just as there are bad teachers out there who should be but aren't being fired, the parents who blithely thumb their noses at government regulations and claim they can do whatever they want with their children's education also deserve to be "fired" as soon as they show their inability to teach their children. Public education is not the only valid answer, and getting rid of it in the process of ignoring the standards it defines and tries to uphold is a sure path to damaged, ignorant children.

Franklin Evans
March 9, 2008 1:13 PM

I was distracted while writing the religious education response. I should have finished it by pointing out that every Protestant church I've ever heard of or encountered requires its ministers to have degrees from seminaries or in a formal study of religions at a college or university. In most congregations, the minister (with board approval) is responsible for running education programs or hiring a qualified person to whom to delegate that responsibility. The final level, putting teachers in religious classrooms, implies some credentialing process even for a lay person.

Larry
March 9, 2008 11:40 PM

Home schooling is illegal in California. Most home schoolers are Christians and all they know to do is fearmonger. Just look at this as an example!

http://www.cftie.org/2007/12/sb-777-will-per.html

Dawn K
March 11, 2008 11:05 AM

I strongly disagree with these statements. I have read dozens of books on child development from many different authors, and dozens of educational philosophy books from various "systems" of thought, and yet I have "no credentials." This material is available to all people, not just those enrolled in a college program. My studies have solidified my decision to home educate. Perhaps those being trained for mass teaching are receiving a more limited education in child development and educational methods? Moreover, teaching one or two children at a time is a completely different matter than teaching a classroom. I need no training in classroom management.

Also, I often see my children in a group of peers, and I am completely aware of how they "compare." Do you think I lock them up away from people?

I am aware that my 17 year old acts like a man and not some teen trying desperately to fit in. People are always commenting on how nice he is, how respectful he is, how refreshing he is, how they can actually understand what he says. I know that he reads Stephen Ambrose in his free time and watches countless documentaries when he is not working practically full time and working his way through high school texts like Chemistry and Algebra II Trig (which he finished with A's). He is also currently training to run as a pacer in a 100 mile race. This is a boy who was "diagnosed with ADHD by his teacher" while in third grade public school. He also scores in the top 5 % on the IOWA achievement test.

I know that my children are fascinated with learning, enjoy learning, pursue things "educational" on their own while neighbor children are watching TV, playing video games, and complaining about their parents and about school. My 8 year old listened to 100 audio books in one year, and recently told me that he finished reading Mrs. Frisby and the Rats of Nimh in three days. He enjoys telling me stories about the history of Great Britain during Roman occupation, and right now just showed me a map of our house and lawn, pointing out modifications he plans to make when he lives here alone to provide shelter -- shrubs and food -- grasses for small animals. He asked me if I have any books on grasses and shrubs, since his small animals book tells him what grasses and shrubs each species perfers. He can identify every US state by shape alone. He has literally memorized AA Milne stories and recites them often -- one chapter a night.

My six year old just made up a rhyme using alliteration (consonance to be precise) and has spent the last hour working through a drawing instruction program. He did not speak very much at all until he was nearly three, but I kept an eye on it, read books about it, and kept talking to him, reading to him, loving him. He now speaks perfectly fine and is reading very well. He loves music -- especially the Spirit soundtrack, puzzles, playing with math manipulatives, Sudoku, etc. He scrapbooks with me, makes cards with stamps, does fingerprint drawings, origami, and can make almost anything out of paper, scissors and tape!

Parental denial comes from ignorance and from a lack of interest in his/her children. They care more about their pride than their children's welfare. I am passionately interested in my children -- I give my all every day for them. I happen to love home educating my children. My children are thriving!

1) A strong foundation in child development, what constitutes the normal range for any chronological age, and the dual benefit of knowing when to challenge a child where she needs it and avoid frustrating a child who is not ready.

2) A key tool in diagnosing a problem early is seeing a child in a group of peers. No parent is prepared to know when a child may be in developmental trouble without other children to compare to; name me a parent not in a formal academic track in social sciences or education who can identify developmental problems. I'll point to thousands of others who can't.

One good thing about requiring homeschooling parents to have some minimal formal training is specifically in #2. One of my wife's biggest griefs (masters in Ed., special ed teacher and administrator) is the parent who is in absolute denial of her child's problems. A homeschooling parent who has been exposed (at the least) to child development science is much less likely to do that, and much more likely to get the child the help she needs.

samuel martineau
March 11, 2008 11:11 AM

Thanks for your opinion Larry. We can always use a bigot to liven up the discussion. The question is not whether parents are trained to teach. The question is who gave government the right to stick its finger in this pot. Are children born to their parents or to the government? Does the government feed and clothe the children? So, minus a case of obvious neglect why on earth does the government have the right to mandate to parents how to raise their children? The status quo is that children belong to parents, not to the government. This is simply another manifestation of the idea that the government is responsible for our lives.

Dan
March 25, 2008 3:59 PM

I have a single point to make in terms of home schooling. I understand that many home schooled children excel. For every home schooled student who does well, how many are there who were taken out of the public schools and are not doing well? I am a retired teacher with 31 years in the classroom and from just the schools at which I taught,two middle schools and one high school, there were many students whose parents withdrew them and proceeded to allow their children to do nothing. Many returned to school after their parents tired of babysitting them. These students then experienced extreme difficulty reintegrating and typically found themselves in weaker positions than when they left. It's time we find out what the real story is here. How can we allow this to happen for the benefit of what might be a minority of home schoolers who will do well versus those who will fail? Please understand, I am not a former teacher who was comfortable with the state of our public schools. Politics and administrators are, I think, at the crux of the problem. Yes, there are bad teachers, just as there are bad lawyers, doctors and members of most every other profession. That however, is another discussion.....

amy
June 6, 2008 10:30 AM

I am homeschooler of 2 very well adjusted children that have tested way above average for their age. My youngest daughter was reading by age 3! When we did send her to school for 2 weeks of preschool, all they did was teach the children was how to potty, shapes and colors, which she had down ages ago! My daughter was way above what they taught in the schools. That's why we continued on with our education at home. I'd also like to clarify that just b/c you are Christian doesn't make you a republican conservative. Jesus was a radical liberal who fought for change, an he didn't come riding into town on an elephant it was a donkey!!! Thank God for Christian liberals!

Stephanie
June 27, 2009 3:07 AM

I love how people always think their homeschooled kids are socially well-adjusted. The homeschoolers I've known, and I've known a lot, have been either the most socially awkward people I've ever known or depressed and had a drug problem, either while living at home or after they left.

I can spot a homeschooler from a mile away. It's my spiritual gift!

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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