California Ruling seen as a threat to many home-schooling families

The L.A. Times reports:

Parents who lack teaching credentials cannot educate their children at home, according to a state appellate court ruling that is sending waves of fear through California's home schooling families.

Advocates for the families vowed to appeal the decision to the state Supreme Court. Enforcement until then appears unlikely, but if the ruling stands, home-schooling supporters say California will have the most regressive law in the nation.

"This decision is a direct hit against every home schooler in California," said Brad Dacus, president of the Pacific Justice Institute, which represents the Sunland Christian School, which specializes in religious home schooling. "If the state Supreme Court does not reverse this . . . there will be nothing to prevent home-school witch hunts from being implemented in every corner of the state of California."

The institute estimates there are as many as 166,000 California students who are home schooled. State Department of Education officials say there is no way to know the true number.

Unlike at least 30 other states, home schooling is not specifically addressed in California law. Under the state education code, students must be enrolled in a public or private school, or can be taught at home by a credentialed tutor.

The California Department of Education currently allows home schooling as long as parents file paperwork with the state establishing themselves as small private schools, hire credentialed tutors or enroll their children in independent study programs run by charter or private schools or public school districts while still teaching at home.

California does little to enforce those provisions and insists it is the local school districts' responsibility. In addition, state education officials say some parents home school their children without the knowledge of any entity, making them virtually impossible to locate.

Home schoolers and government officials have largely accepted this murky arrangement.

"This works so well, I don't see any reason to change it," said J. Michael Smith, president of the Virginia-based Home School Legal Defense Assn.

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."

Comrade Croskey feels that the state owns the children.Isn't it nice to have a government worker called a judge tell you what your rights are when his salary comes from extracting taxes from you? This will be a losing issue for Democrats if it gets more exposure.