rMag

Homeschooling: A Right or a Privilege?

Renee Knudsen

On February 28, 2008, a juvenile court issued a ruling that not only surprised a state, but also startled a nation. On that memorable day, the California Court of Appeals ruled that almost all forms of homeschooling in California are illegal and went on to assert that parents had no constitutional right to homeschool their children. From that moment the line was drawn: either homeschooling rights would be fought for or lost.

The Situation in California

Over the past couple of months, the future of roughly 166,000 students future education has hung by a thread. In the 3-0 ruling issued on February 28, Justice H. Walter Croskey stated that: “California courts have held that … parents do not have a constitutional right to homeschool their children. Parents have a legal duty to see to their children’s schooling under the provisions of these laws.”

The Second District Court of Appeal went on to say that the California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home. The legal basis and backdrop for this ruling was a 1953 court decision on the laws in California. In that ruling the courts said that homeschooling was not a legal option of education. In February the California Second District Court of Appeal essentially just upheld the courts previous decision in 1953.

The Home School Legal Defense Association (HSLDA), a organization devoted to defending homeschooling freedoms, asserts that:

The opinion holds that homeschooling is not a legal option in California. HSLDA strongly disputes this interpretation of California law. We believe that the court made a mistake when it relied on a decision from 1953 in order to show that homeschooling is not a legal option.

The Response from Homeschoolers

Currently, that ruling is being questioned, and many are seeking to overturn it. According to HSLDA in March of 2008:

On March 25, the California Court of Appeal granted a motion for rehearing in the In re Rachel L. case — the controversial decision which purported to ban all homeschooling in that state unless the parents held a teaching license qualifying them to teach in public schools. The automatic effect of granting this motion is that the prior opinion is vacated and is no longer binding on any one, including the parties in the case.

As a result, the decision of Second District Court of Appeal applies to only the family directly involved in it. Until the decision of the Second District Court of Appeals is either upheld or overturned, homeschoolers in California can continue as they always have. One of the most encouraging statements on the ruling in California came from the State Superintendent of Public Instruction Jack O’Connell, when he issued a statement saying he supports “parental choice when it comes to homeschooling.”

Over the next couple of months, the question of whether of not homeschooling in California will be a legal choice or not remains to be answered. Although the ruling only dealt directly with one family, and indirectly with all homeschoolders in California, this ruling should serve as a wake-up call to the entire homeschooling community.

The Purpose of Government

Freedom and liberty are words that Americans have proudly used for years to label their country, but without action in times of need, freedom and liberty are only words. Over the past two hundred years, our country has fought numerous battles around the globe to promote democracy, freedom, and the American dream. Today, we need to fight in our own country to promote and establish those worthy goals. History has shown that great countries are rarely overthrown; no, great countries are destroyed from the inside out.

The purpose of government is found in the preamble of the Constitution, which states:

We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Over the years, many battles over the issue of homeschooling have been fought, but no greater battle has ever been fought than the debate that rages in California over the legality of one’s right to get an education at home. The public school system has been turning out young people for years that have learned how to think exactly what they have been taught to think: the way everyone else does.

The Benefits of Homeschooling

Homeschooling is different in the sense that is gives individuals the right to think for themselves and pursue education in a way that work best for them. Some of the most notable benefits of homeschooling are: flexibility, one-on-one attention, personalized teaching, and, probably most importantly, homeschooling promotes a positive learning environment.

When analyzing the benefits of homeschooling, HSLDA stated that: “Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family’s beliefs.”

Whether one’s reasons for homeschooling are religious or academic, studies have shown that homeschooling is a viable educational option. Homeschoolers have for years competed against public schoolers in numerous academic challenges and have often proven superior. Now, this is not to say that the public school system does not have some exceptional students or to say that all homeschoolers are brilliant. However, the fact remains that based on the merits of homeschooling, it should be a legal option for parents and students in all states.

Perhaps, though, the most important thing to realize as a result of this ruling is that homeschooling should be a right, but it is definitely a privilege. To be able to learn at home, where a student can get a good core education and still have time to also pursue further education in personal areas of interest while still in high school, ought to be an extremely privileged and protected opportunity. Homeschooling gives students incredible opportunities that should never be taken for granted, as well as carefully guarded.

The Practical Answer

Today, homeschoolers in California must fight for their rights or lose them; homeschoolers throughout the rest of the country should protect and value their rights and privileges before they too are in a similar situation. One of the most practical ways to value homeschooling rights is to stay informed on the laws of your state, as well as laws and legal issues involving other states. Another way that individuals or families can protect homeschooling rights is to write letters or make calls to their congressional representatives and senators when educational bills are in their state legislature. Perhaps, though, the most important thing to do is simply appreciate the opportunities homeschoolers have been given.

In the words of William Reece Smith Jr., “We must remember that a right lost to one is a right lost to all.” Homeschooling should be a right; however, it is definitely a privilege.