“Homeschooling Is Illegal In California”
By: Don_Anonimo
As if the government didn't have enough control over the youth, the state of California has virtually declared Homeschooling Illegal. On February 28, 2008, the California Court of Appeals in a juvenile court proceeding that declared that almost all forms of homeschooling in California are a violation of state law.(Private tutoring by certified teachers remains an option still) The Court also ruled that parents have no constitutional right to home school their children. This leaves an estimated 166,000 children as possible truants and their parents at risk of prosecution (San Francisco Chronicle).
California Justice H. Walk Croskey, whose opinion was joined by two other judges stated that: “Parents who fail to [comply with child enrollment laws] may be subjected to criminal complaint against them, found guilty of an infraction and subject to imposition of fines or an order to complete a parent education and counseling program.”. This statement reverses an earlier opinion from a Superior Court that found that “parents have a constitutional right to school their children in their own home.” But in his reversal, Croskey refers to the “ruse of enrolling [children] in a private school and then letting them stay home and be taught by a non-credential parent.”When the parents' "credentials" are determined by the state, then it is the state which is ultimately in control of the children's education.
Brad Dacus, president of the Sacramento-based Pacific Justice Institute explained that “It not only attacks traditional home schooling, but also calls into question home schooling through charter schools and teaching children at home via independent study through public and private schools...” According to him this ruling goes against prior court decisions by the U.S. Supreme Court which stated that parents do have a constitutional right to independently teach their own children. But, “it was completely reversed by this three-court judge panel in this appellate court.”
The future of home schooling seems bleak as Michael Smith, president of the Home School Legal Defense Association, said the ruling would effectively ban home schooling across the entire 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," said smith in a statement.
Even though home schooled children have proven to be exponentially better academically than children who attend public or private schools the government feels a need to force these children to conform into what the state mandates and declares as education. Certificates don't guarantee good teachers and this ruling just deprives the families of independence in their believes and teachings. But what can be expected when the system hates independent thought? As if the government didn't have their hands on too many things! The government should have never been made "Ruler Over All Thing Educational" in the first place. Mussolini and Stalin would be damn proud.. It is the parents right to choose, not the state's. Just like abortion; it is the mother's right to choose.
Works Cited:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/07/MNJDVF0F1.DTL
http://www.hslda.org/hs/state/ca/200803060.asp
http://www.onenewsnow.com/Legal/Default.aspx?id=69177
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