California Panic

by Michael Leppert, The Link Staff

A ruling by the 3rd Division of the Second Appellate Court of California, released on February 28, 2008, has pushed the panic button in California’s diverse and liberty-loving homeschooling world.

Experienced homeschooling attorney, Darren Jones stated "(Parents) shouldn't panic because this case doesn't automatically outlaw home schooling." Jones, an attorney with the Home School Legal Defense Association, a national organization based in Purcellville, VA, continued, "On the other hand, this case shouldn't be ignored."

The case presents a number of items which may make it suitable for overruling by the California Supreme Court, including the fact that the Appellate Court has ephemerally ruled on what is an allowable religious exemption from mandatory public schooling and what is not, which it would not seem to have the jurisdiction to do.

The ruling also ignores the fact that California’s long-failing public school system is staffed by credentialed teachers, if ensuring or maintaining quality of education were at the heart of the ruling. Also, private schools in California are not required to staff credentialed teachers, but the Appellate Court addressed this entire matter as more of an administrative, reporting issue than one of teacher quality or knowledge. The court stated that it would be too difficult for the state to go to each home to check on credentialing, but that private schools are easily policed.

The underlying issue which gave rise to the ruling revolved around a father’s being investigated for abuse, who also happened to be a homeschooling parent. Child Protective Services (CPS) intervened and the case became entangled with homeschooling when a trial court refused to remand two of the children to public school, as requested by CPS. On appeal, the three-judge panel overruled the trial Court, saying that in California "parents do not have a constitutional right to home school their children." Many homeschoolers are aware that in Oklahoma, such is the case, that state’s farsighted legislature having written same into its constitution long ago. California’s legislature needs to follow suit to prevent any further breaches of liberty to occur.

Shortly after the ruling was made public, the California School Superintendent, Jack O'Connell, issued a statement saying the California Department of Education won't change its policy toward home schooling. "Parents still have the right to home-school in our state," O'Connell said. Currently, the state's role in home schooling is limited to collecting the affidavits filed by private schools, including home schoolers who register themselves as private schools. Because the court ruling didn't discuss the affidavits in depth, state education officials decided not to change their procedure in collecting them, spokeswoman Pam Slater said.

Some are worrying that the local school districts may declare homeschooled students truants and the courts will support them because of the ruling. However, in light of the current budget crisis in Sacramento, and hundreds of teachers being put on notice of pending layoffs if the budget is not repaired, it is not likely that the more than 166,000 homeschooled students would be a welcome sight come September. Homeschooling aids the school districts by helping to solve the problem of too few classrooms, teachers and supplies.

The family involved in the underlying case has said it plans to appeal to the California Supreme Court. Home-schooling proponents have also started petitions to have the case de-published, which means it could not be cited by other courts as legal support.
Local school districts are responsible for enforcing truancy laws and ensuring home education follows the law's requirements.

School districts in Temecula, Murrieta and Lake Elsinore have said they don't plan to change their policies regarding home schooling, citing O'Connell's statement.

Leslee Cochrane, a Murrieta doctor whose wife home-schools their four children through Calvary Chapel's independent study program, said he was encouraged to hear that O'Connell and Gov. Arnold Schwarzenegger support the right to home-school without a teaching credential. But he found it "chilling" to think that if top state officials felt otherwise, home-schoolers could face more immediate dangers.

"I think there's some legal issues that need to be resolved ultimately," Cochrane said, "because this sort of decision is too important to be left in the hands of one or two people." (Portions of this article were supplied by HSLDA.) MjL■