California Court Rules That Homeschooling is – basically – illegal

A California appeals court has made the decision that only parents who hold teaching credentials can legally homeschool their children.

"Parents do not have a constitutional right to home school their children," Justice Walter Croskey wrote. The ruling was unanimous.

Many parents in the State are most upset about this ruling, which means they could face potential prosecution if they do not comply with the law. It is estimated more than 160,000 students are homeschooled in California, but, unless the parents hold a teaching degree they break the law under Califirnia's penal code.

The ruling comes from a California child welfare case where two parents homeschooled their eight children without either holding a teaching certificate.

The children were also enrolled in a private school, which considered them a part of their school, although in independent study. The school reported that they visit the children several times a year.

Legitimate Schools, Unqualified Teachers?

The appeals court said the state law on education has been clear since 1953, when another appellate court rejected a separate challenge by parents.

Education officials theorize that some homeschooling parents avoid that law by registering as a private education institution with the state, then only enroll their children.

But to become a teacher in the state, a person must have a bachelor's degree and pass a battery of certification tests.

California's Teachers Union said they were pleased with the court's ruling. One board director said that they believe "students should be taught by credentialed teachers, no matter what the setting."

I do not think that there is any surprise here that the California's Teachers Union and state brainwashers are pleased with this ruling. It would hardly be otherwise.

Homeschooling Effectively Banned

The president of the Home School Legal Defense Association says the ruling would effectively ban homeschooling in the state.

"California is now on the path to being the only state to deny the vast majority of homeschooling parents their fundamental right to teach their own children at home," he said in a statement.

One parent told the San Diego Union-Tribune, "if homeschooling becomes illegal, then it's just going to become underground."

Well, the other option would be, and that would soon teach – pun intended – the State's lawmakers, and that is for those who wish to homeschool their children legally to leave California. A mass exodus of thousands of people would soon, I am sure, carry the message even to the lawmakers and judges with the thickest of skulls.

One legal expert on children's law says the court did not change the law, they only upheld it. She said that "if they want to send them to a private Christian school, they can, but they have to actually go to the school and be taught by teachers."

I do not think that the question here is about a “private Christian school” but about parents exercising their God-given right to teach their own children, and I am saying that without even believing in the God of Abraham. I do, however, believe that the God or the gods, have given parents or guardians the right to teach their own children in the way that they see right and not having to send them to official state brainwash institutions.

© Michael Smith (Veshengro), March 2008