California court overreached on homeschooling case

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There is a batch to criticise in an hideous Golden State appellate tribunal determination that endangers to outlaw homeschooling in the state. But there are also a few things worth celebrating.

Citing a hooky law that necessitates children ages 6 to 18 to go to public or private schools or have tutoring from a credentialed teacher, the Southern California-based court ruled that parents cannot homeschool their children unless at least one parent have a instruction credential.

Oh, is that all? An estimated 150,000 to 200,000 pupils are homeschooled in California, and there are many one thousands more around the country. Some of these households are affiliated with organizations, often religion-based, from which they purchase curricula, have preparation and form classes.

But few of the parents have got teaching credentials. And for many, going through the preparation for a direction certificate - portion instruction and portion indoctrination - would overcome the intent of homeschooling, which is, in many cases, to get away the orthodoxy of the public instruction system.

When you believe about it, much of instruction reform goes around around this impression of escaping. Those who recommend vouchers, or phone call for failing schools to be close down, or - in this lawsuit - support the right of parents to homeschool their children desire to give pupils a agency of flight from low-performing schools, poorly managed territories and all the rest. Those who defy such as attempts have got constructed all these luxuriant statements against reform efforts, but mainly what they desire is to maintain pupils from escaping in order to maintain powerfulness concentrated in the public schools and the bureaucratisms that tally them.

The appellant tribunal opinion on homeschooling stemmed from a lawsuit involving not instruction or truancy, but - of all things - kid welfare. The children belong to Prince Philip and Virgin Mary Long of Lynwood (Los Angeles County), a couple who had been referred to the Los Angeles County Department of Children and Family Services on assorted charges, including accusals of kid abuse. It just so haps that Virgin Mary Long - who throws no instruction certificate - homeschools all eight of their children. They are also enrolled in an independent survey programme through a parochial school, which do periodical visits to the home.

A lawyer appointed to stand for two of the Long children in the child-welfare lawsuit requested that the tribunal necessitate them to physically go to a public or private school, where grownups could maintain an oculus on them. The appellant tribunal did that - and more. It ruled that the family's agreement with the parochial school doesn't amount to the children actually being enrolled in the school and that, ergo, the Longs are breaking state law.

That's the portion that rates criticism. The tribunal overreached and turned a child-welfare lawsuit into an assault on homeschooling. How make you travel from one to the other? This was a good minute for judicial restraint. At the very least, this determination should be limited to the alone fortune of the Long family, and not stand up as a case in point that Pbs other households who homeschool to worry that they too could be ordered to halt instruction their kids.

The portion worth celebrating is that the opinion is so over the top and contrary to common sense that it have put the issue of homeschooling presence and centre and have motivated the guardians of the pattern to set their sights on California. Homeschool advocators vow to assist the Longs entreaty the ruling.

And they have got a heavyweight in their corner. Gov. Matthew Arnold Schwarzenegger immediately denounced the entreaties tribunal opinion and promised to change state law to vouch that parents have got the right to learn their children at home. Parents should make up one's mind what is best for their children, he said, and "not be penalized for acting in the best involvements of their children's education."

The governor is quite correct, and I'm glad to see him in this fight. Homeschooling isn't perfect. But expression around. Neither is the public school system, which necessitates all the reform it can get. That's why we can't halt looking for feasible options that augment traditional instruction - and, just as importantly, challenge traditional thinking.

Ruben Navarrette's e-mail computer address is .