Home school
Flickr user foreversouls, under a Creative Commons license.

Is this illegal?

Featured Topic | Posted 26 weeks 3 days ago

Has home schooling just been outlawed in California?

The news certainly seems alarming to home schooling families across the political spectrum: A California appeals court has ruled that parents need a teaching credential in order to home school their children. But critics say that breathless coverage misinterprets the court, which they say actually deals with obscure rules governing charter schools.

Is home schooling a right or a privilege? Or is this issue a bunch of fuss over very little?

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Ben likes: Homeschooling in California

Joe Knippenberg/No Left Turns

In its efforts to protect the children in this case and to promote some goods that public schools are said to accomplish (as do many families that homeschool) the court has potentially made it nearly impossible to homeschool in California. The many who are decent and scrupulous about caring for the good of their children and of their country are sacrificed because a few might not do well by their children. We might as well take all children out of their parental homes because some parents are abusive behind closed doors. (With updates here and here.)

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Joel likes: Homeschooling is NOT imperiled in California

Gabriel Malor/Ace of Spades HQ

The LA Times got it wrong in the first sentence of their article. Parents without teaching credentials can still educate their children at home under the various exemptions to mandatory public school enrollment provided in ยง 48220 et seq. of the Cal. Ed. Code. The parents in this case lost because they claimed that the students were enrolled in a charter school and that with minimal supervision from the school, the children were free to skip classes so the mother could teach them at home. There is no basis in law for that argument. If only the parents had attempted to homeschool their kids in one of the statutorily prescribed methods, they would have prevailed.

The lawyers for these parents and homeschool advocates all over the state are gleefully watching all the outrage this has stirred up, but I think they should be ashamed of themselves for terrifying the parents of homeschooled children.

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