A Parent’s Right to Homeschool

On February 28, 2008 the state of California ruled that parents must send their children ages 6 to 18 to a full-time school or be taught in homeschool by credentialed teachers. Although the California compulsory education law that holds this requirement has not changed since 1929, state and local education officials had in the past not taken action against the thousands of homeschooling parents until this court case. Unlike most states, there is no exception in California law for homeschool. It simply states that students must be enrolled in a public or private school, or they may be taught at home by a credentialed tutor. The recent decision therefore deemed truant a group of around 166,000 California children, since most homeschooled children are taught by parents without teaching credentials. If held with the charge of truancy, fines ranging from $100 to $500 would be given to homeschooled students. Given the huge protest that followed the case, the same three judges agreed to reconsider the ruling, and on August 8, 2008 decided that parents, regardless of whether they have teaching credentials, can legally declare their home a private school environment.

Many parents choose to homeschool their children in order to avoid the potentially harmful political and social influences put forth in public schools or to avoid the extensive costs of private school education. Parents often do not agree with the way that evolution or similar topics are presented at school, so homeschooling has always been an alternative, and will remain to be one. Former Governor Arnold Schwarzenegger, who had promised to get the compulsory education law changed if the ruling stood, commented on the appeal by saying that the new decision “confirms the right every California child has to a quality education and the right parents have to decide what is best for their children.” In his opinion, parents have the right to act in the best interest of their children. For nearly 200,000 families, that means homeschooling even without credentials.

The original court case involved a suit in which one of the eight children of Philip and Mary Long had filed a complaint of child abuse. The mother homeschooled her children, and in an attempt to send them back to public school where teachers could spot parental neglect, the Department of Children and Family Services brought the case to court. Judge Croskey in the process ruled illegal most instances of homeschooling. In the appealed ruling, the court did make clear however that homeschooling is not an absolute right and can be revoked for abused and neglected children. Barring this caveat, parents can now certify their homes as private schools by filing paperwork with their local school district, stating that their children are being educated in English by a capable teacher. This criterion does not require credentials or graduation exams, but only that all legally required subjects are taught at home.

Homeschooling is a challenge, but it can have outstanding rewards for yourself. At the same time, it can be reat for your child. Just be sure to take it very seriously and try to make an effort to separate your roll as an everyday parent with your roll as a home school teacher.


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