Friday, August 08, 2008

Good News for CA Homeschoolers

A California court upheld the right of parents to homeschool their children without a teaching credential. From the Mercury News,

"A three-judge panel overturned a lower-court order in February that had created an uproar among home-schooling parents when it required the credentialing. An estimated 166,000 California children are home schooled.

The Second District appellate court in Los Angeles ruled that individual parents, like private schools, are exempt from the requirement that those who teach children be credentialed by the state."

California Homeschool Network has more details,
Today's court ruling held that (1) California statutes permit home schooling as a species of private school education; and (2) the statutory permission to home school may constitutionally be overridden in order to protect the safety of a child who has been declared a dependent. Homeschooling, therefore, remains a legal educational option in California.
This is indeed good news for California's homschool families who can now begin the school year without this added worry.

The court ruling, Jonathan L. v Superior Court, is here. PDF (HT. Michelle Malkin who also linked back to me. Thanks Michelle!)

The Pacific Justice Institute and Homeschool Legal Defense Association have issued statements as well.

For an interesting mix of reactions from the general public (or atleast those willing to comment), read the comments section of the San Francisco Chronicle. It's amazing about how many people are "pro-choice" until it comes to educating children. If the natural right of the parents to direct the education of their children is abridged, what authority do parents in the life of their children? It all becomes subjective and up to the state to determine what is in the best interest of the child. It is rulings like this that demonstrates the importance of solid judges on the bench.

I haven't been able to open the PDF file of the court's opinion, but Dana at Principled Discovery provided this quote from the court ruling:
"Because the United States Supreme Court has held that parents possess a constitutional right to direct the education of their children, it argued that any restriction on home schooling is a violation of this constitutional right. We disagree. We conclude that an order requiring a dependent child to attend school outside the home in order to protect that child's safety is not an unconstitutional violation of the parents' right to direct the education of their children."
Update: After reading the court opinion, the court definitely has some concerns about unrestricted homeschooling in California. I wrote an updated post, More On California.

No comments: