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Homeschooling under assault in California

The Second District Court of Appeal for California ruled that "parents do not have a constitutional right to home school their children", making nearly all forms of homeschooling in that state illegal.

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Declaring that “parents do not have a constitutional right to home school their children,” the Second District Court of Appeal for the state of California recently issued a ruling that effectively bans families from homeschooling their children and threatens parents with criminal penalties for daring to do so.

According to the Home School Legal Defense Association (HSLDA) this court decision has made “almost all forms of homeschooling in California” a violation of state law. Once again our judicial system moves to restrict religious and personal liberties, severely limit parental rights, and significantly increase the power, scope, and control of the state over our lives.

There are approximately 166,000 homeschooled children in California. With the stroke of a pen the appellate court criminalized the lawful educational choices of tens of thousands of innocent families across the state, subjected them to possible fines, and labeled their children as potential truants.

This activist court chose to bypass the will of the people and legislated from the bench based on anecdotal evidence and its own clearly biased and subjective opinions about the constitutionality of parental rights and the quality of a homeschooled education.

This decision attacks the freedom of parents to decide on the best educational environment for their children, restricts their religious rights to practice their faith without governmental interference, and violates their freedom to raise their offspring as they see fit without the ideological pollution and atheistic/leftist indoctrination so prevalent in our public school system.

In a state that allows minors to have abortions without parental notification and consent, having the court complain about the welfare and safety of children who are homeschooled is laughable. The court also conveniently turned a blind eye to the increasing levels of violence and murder in many California public schools, as well as the abysmal quality of education in those very same schools.

With California ranking near the bottom in the quality of its public education system, a state-wide illiteracy rate of approximately 24 percent, and drop-out rates hovering around 30 percent, the California public education system is not the shining example and standard the courts should be applying and measuring against.

Case history

The appellate court reviewed the decision reached by a juvenile court regarding the quality of education provided to homeschooled children of the Phillip and Mary Long family. The children were homeschooled by Mrs. Long with assistance from the Sunland Christian School (SCS), a private religious academy in the Los Angeles area. According to its website, SCS “is a private school in the State of California and is an accredited home school program offering independent home schooling study, correspondence home schooling and online home school.”

The Long children were enrolled in the independent study program at SCS. While the lower court had concerns about the quality of the education received by two of the eight children, the trial court did not order the parents to enroll their children into a private or public school, and stated in its opinion that “parents have a constitutional right to school their children in their own home.”

Rather than confine its ruling to the specifics of the Long case, the court of appeals instead chose to considerably broaden the scope of its decision, further strengthen state power over individuals, and deny California parents the right to homeschool their children. In his written opinion, filed on February 28, 2008, Justice H. Walter Croskey, joined by the other two members of the appellate panel, categorically asserted that: “parents do not have a constitutional right to home school their children.”

The views and opinions expressed herein are those of the author only, not of Spero News.
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