Mother Talkers

Homeschool Case in California

Fri Mar 07, 2008 at 11:17:07 AM PDT

The internet is already abuzz with commentary about a recent case involving a homeschooling family, where a California judge,  Justice H. Walter Croskey, wrote, "Parents do not have a constitutional right to home school their children."

And so people have taken that one line and started lining up on either side of the issue, with homeschooling advocates threatening to take it "all the way to the Supreme Court" and homeschooling foes apparently declaring some sort of victory. The defendant himself declared he believes the ruling stems from hostility against Christians and vowed to appeal to the state Supreme Court.

But when you look at the details of this case in context (which even some media didn't report), it changes the debate entirely:

LA Times

The appellate court ruling stems from a case involving Lynwood parents Phillip and Mary Long, who were repeatedly referred to the Los Angeles County Department of Children and Family Services over various allegations, including claims of physical abuse, involving some of their eight children.

All of the children are currently or had been enrolled in Sunland Christian School, where they would occasionally take tests, but were educated in their home by their mother, Phillip Long said.

A lawyer appointed to represent two of the Long's young children requested that the court require them to physically attend a public or private school where adults could monitor their well-being. A trial court disagreed, but the children's lawyer appealed to the 2nd District Court of Appeal, which has jurisdiction over Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties.

The appellate panel ruled that Sunland officials' occasional monitoring of the Longs' home schooling -- with the children taking some tests at the school -- is insufficient to qualify as being enrolled in a private school. Since Mary Long does not have a teaching credential, the family is violating state laws, the ruling said.

"Parents do not have a constitutional right to home school their children," wrote Justice H. Walter Croskey in a Feb. 28 opinion signed by the two other members of the district court. "Parents who fail to [comply with school enrollment laws] may be subject to a 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."

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So rather than being a test case of the noble homeschooler, instead this is a case of kids who have been referred for child abuse, and whose court-appointed attorney has asked the court to insist that the kids physically attend school. Note that in California, daily physical attendance isn't always required to be enrolled in a public school - there are many charter and public schools set up for virtual schooling or independent study. These kids are in fact enrolled in a private school, but were not attending regularly. The parents' defense is that they are 'homeschooling' so their kids cannot be forced to attend.

California regulations don't really allow parents to just teach their kids on their own - but in practice, kids are homeschooled all over the state, and schools aren't bothering them. Heck, one wonders how a school would even know if there were kids in a household if they had never attended school. In my area, there are quite a few homeschoolers, and the ones I meet seem to do quite well by their kids. In many cases here, the reasons are logistical: the family lives far from the school (perhaps impassible in heavy weather), the family travels a lot, etc. Some do for religious reasons. Some because they think they can do better. Some because there's been a conflict with a teacher or another student at school. There's a group of homeschooling families that get together to help each other out, which I think is great. Kids learn in different ways, and as long as they're learning, I'm good with that. I don't think it's in the interest of schools to interfere with that - indeed, I've seen our school stay friendly with homeschooling families, to the ultimate benefit of both.

It will be unfortunate if this case is seen as a precedent, and if various proxies feel the need to get involved. Truly, this is a case about child protective services, not about homeschooling, and I hope some of the people who are letting the rhetoric flow step back and let the case go back to its former obscurity. Let's face it - no one, not even homeschooling advocates, want to make the case that parents should be allowed to do anything at all that they want to their children without supervision. Homeschooling is not intended to be used to hide abuse.

PDF file of the judge's decision

Tags: homeschooling, education, California, child abuse (all tags)

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