1

Gabriel,

This ruling would criminalize most homeschooling.  People understand exactly what they are getting upset about.     

2 You can still homeschool your kids, assuming that you can pass a criminal background check and aren't totally incompetent.

So in other words, parents who homeschool are being held to a higher standard than many professional, unionized teachers? That doesn't seem fair.

3 Heh. Drew, you're right.

Amy, I don't know what to tell you except that parents who want to homeschool in California have several ways to go about it legally. The Longs are in trouble because they didn't follow the rules, not because the state has criminalized homeschooling.

4 wow, all those layers of editorial fact checking.  Too bad J-school grads can't read.

5 So, the parents do not have to be credentialed teachers. Is that right?

6 You should consider bullet points, Gabe. Some people are trying to work here.

7

Amy, I don't know what to tell you except that parents who want to homeschool in California have several ways to go about it legally. The Longs are in trouble because they didn't follow the rules, not because the state has criminalized homeschooling.

Even so, the implication here is that a simple change in California law that refused to recognize homeschooling would be Constitutionally acceptable.

I'd like to see a First Amendment "freedom of association" arguement that knock down compulsory attendance laws.

8 runninrebel, yeah it is kinda disjointed. I was busy doing real work while I was writing that. Also, socializing with the other hardworking-but-currently-goofing-off folks around here.

9

Dammit.

I wanted to see the voucher issue get some real legs here. If you we can manage to break this union's back, we're on our way to taking our state back from the rest of them.

10  Even so, the implication here is that a simple change in California law that refused to recognize homeschooling would be Constitutionally acceptable.

Sure, that is implied, but I doubt it would be upheld. The Supreme Court long ago ruled that states have the power to compel public school attendance, however, the same case noted that such power is balanced by the "liberty" portion of the Due Process clause so that the state cannot forbid reasonable alternatives to public schools. In other words, the state can compel public school attendance, but cannot forbid alternatives like private schools and probably homeschooling.

11

hi Gabriel

I'm repeating myself a little here. IMHO the ruling could have been narrowly issued, finding that the parents hadn't follow the education code and left it at that. But they spent an inordinate time discussing that parents have no right to educate their children outside the education code, regardless of quality of the education. Part of their reasoning is this comment right from the actual ruling

<i>the educational program of the State of California was designed to
promote the general welfare of all the people and was not designed to accommodate the personal ideas of any individual in the field of education</i>

Also, in your link to FAQ about homeschool on the CDE's own website, filing of an affidavit of Private School is no guarantee one will be allowed to home school...it is up to the discretion of the local school district and law enforcement.

Somehow, that doesn't make me all warm and fuzzy.

12 Hi Darleen. I seem to be chasing you all over the internet. The only thing I have to add here is what I just put over at ProteinWisdom:

Existing federal precedent establishes that compulsory education is constitutional. More than that and most importantly for those who hysterically claim that the state is trying to compel public school attendance, the Supreme Court has held that states must allow alternatives to public education. Whether that alternative must take the form of homeschooling has not been litigated.

13

14 Also, in your link to FAQ about homeschool on the CDE's own website, filing of an affidavit of Private School is no guarantee one will be allowed to home school...it is up to the discretion of the local school district and law enforcement.

Verification by the attendance supervisor of the district is not "discretionary" in that the person could just refuse to do it. Children have a statutory right to attend private schools as long as the paper work is filed. The attendance supervisor may withhold verification only if the private school has not complied with the filing requirements. It is statutorily prohibited for the attendance supervisor of the district to condition the verification on evaluation, recognition, approval, or endorsement of the private school.

15 I hope you are right but I get stuck here:

Additionally, the Turner court rejected, and noted that courts in other states also rejected, the notion that parents instructing their children at homes come within private full-time day school exemption in then section 16624 (now section 48222). The court stated that a simple reading of the statutes governing private schools and home instruction by private tutors shows the Legislature intended to distinguish the two, for if a private school includes a parent or a private tutor instructing a child at home, there would be no purpose in writing separate legislation for private instruction at home.

Which seems to indicate that the judges explored section 48222 and the ability of a parent to set up a school in their home.  They also begin their decision not by determining whether this family can homeschool or was in compliance with the law but whether homeschooling itself is legal.

16

These are the current requirements in order to home school your children.

http://www.californiahomeschool.net/howTo/pdf/justTheFacts07.pdf

 

17

Dana

you beat me to it. I've been struggling over that portion for a while.

Gabriel

Agreed that homeschooling as alternative has never been litigated, but as Dana points out, the ruling here seems to cast doubts over whether or not a parent can establish a private school if their own child(ren) are the only students.

18 Dana, I read that section with interest because it directly contradicts the current regulations from the California Department of Education.

19 Also on that point, see Terri's link which lays out the options in much more complete fashion than I did.

20 Also, the reason I expect that People v. Turner isn't going to cut it is because that case was decided in 1953 and it didn't bring about the end of homeschooling any more than this case will.

21

Gabriel

The education environment in CA in 1953 was very different from today. Parents weren't considered The Enemy by the education establishment.

22

I'm not understanding this. The law specifically states, 'credentialed tutor.'

Definition of credentialed: 

having an official document certifying fitness for a particular task.

Sources=Sources | 1 Sources=Sources | 1 Sources=Sources | 1

That would certainly lead me to believe that you must have a teaching certificate to qualify.

Yet the link in comment 16 specifically states that you don't have to be certified, but just, "able to teach." (see page five)

The two definitely seem to contradict one another. Can someone explain?

Sources=Sources | 1

23

Don't know what the hell happened to the formatting on that. Credentialed:

having an official document certifying fitness for a particular task.

 

Sorry folks.

24

Gabriel,

As a homeschooling father, I want to thank you for calming me down (a little).

My concern isn't that this fear we all have will inevitably turn out okay for us.  My concern is what the education nazis will do in the meantime.  We've already had to deal with an ed nazi in Florida, a state considerably more homeschool friendly than many counties of California (where we now live).

I fully see superintendants in this state hurraying and immediately sending out their truancy officers to go harrass parents.  Additionally, I'm sure the child services folks will be out in spades ready to hunt down parents. 

Gabriel, I'm sure you will tell me all the reasons why I can still legally homeschool in this state.  That's great.  However, everytime a truancy officer or child services officer comes to a homeschooling family's door, it means a delay in schooling (they always visit during the school day) and possibly involvement of lawyers.  In other words, harrasment.

If any California homeschooling parents out there are NOT members of the Home School Legal Defense Association, don't waste any time.  Go join now.  They helped us when we had the run-in with Florida. 

25 What about this sentence from the LA Times article:

<blockquote>"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.</blockquote>

Isn't that statement by the judge something to be concerned about?

Matt

26 Tell you what, Matt. I'll admit that there is a constitutional right to homeschooling if you admit that there is a constitutional right to same-sex marriage.

27 Just an inkblot.

You know, it's easier to ask for forgiveness than it is to ask for permission.

It's even easier to say "Fuck you" instead of ask for forgiveness.

They can have my ruler when they pry it out of my cold, dead hand.

28 We home schooled all 3 of our kids in a state that is as friendly to home schooling as it gets (Indiana). We still had local school officials who wanted to force us to send our kids into public school. It took threats of litigation for them to see the light. In Cali? This will be turned against home schoolers.

29 More home schools and get the NEA out of education

30 PLEASE REPLACE POST WITH THIS. 

http://www.hslda.org/hs/state/ca/200803060.asp

HSLDA is one of if not the top organization in this area.  They see this ruling as a huge threat to homeschooling in California.

"On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children."

Please for the love of God, your homeschool readers and good journalistic principals, get this incorrect information off of the site and replace it with accurate information.

Homeschooling was declared illegal.  This is really bad and homeschoolers should not relax.  They should be very worried.

For the record I am a homeschooling dad in California.

31 I can't make heads or tails of this decision (thanks LAT, as usual) but if it is saying that children can only be home schooled by a certified teacher then it might as well be illegal. It takes around two years of coursework and student teaching to get certified in CA.

I would hope that they were in fact mistaken or confused about the ruling. I could understand becoming a certified tutor as one pathway to homeschooling as long as there aren't a thousand hours of coursework, but requiring a teaching credential would be outrageous.

32 Nope the LA Times is right, sorry ACE your site is doing a huge disservice.  That is why California home schoolers and its supporting organizations are scrambling around.

Its just a matter of time before some school districts start to flex their muscles.

33 I'm still trying to make sense out of this case. I haven't read the LA Times article, but I've scanned the opinion and read HSLDA's analysis. It's still a little murky to me.

However, I do want to clear up the issue in JannyMae's comment. There are (or possibly "were") four possible options for homeschooling in California. They are 1) qualify as a private school, 2) use a credentialed tutor, 3) enroll in a public school independent study program, or 4) enroll in a private school independent study program.

Option 1 is the most common, I believe, and it may or may not be affected by this ruling. Until now, at least, there has been no requirement that the parent(s) be credentialed. I don't believe the law states specifically either way.

Option 2 is not affected by this ruling. It was a valid option before, and is still now.

Option 3 is not affected by this ruling, as far as I know. The public schools have oversight, so it should meet the requirements outlined in the opinion.

Option 4 is what this family was doing. I still haven't been able to determine whether the opinion will apply to all homeschools of this type, or if they were saying that the family wasn't correctly following the rules for this option. However, it appears to be the former. This option is the second most popular in the state, I think.

There's some more inconclusive information at the department of education's site: http://www.cde.ca.gov/sp/ps/cd/psfaq.asp

34 As a teacher of six years in California who will soon earn his admin services credential, I can reiterate a point that's been made here.  The education which a caring parent can provide to his or her child in a one to one teacher to student setting is likely to be exceptionally better than that provided in a classroom of 27 children whose teacher who learned only of social justice issues from a second-rate teacher prep program, and who couldn't teach a lick of reading or math without the scripted program he or she uses.  The state itself deems such situations as tantamount to "lousy", "meager", or "bad" itself by putting them under of "Program Improvement" ("PI") from sub-standard overall performance on test scores.

The state should judge the qualifications of parents as teachers just as it does all of its other teachers - by measuring student performance with how the children score on standardized tests. Have homeschooled children tested with state tests just as every other student, and they would likely fall comfortably within average performance ranges, if not better.  Yet I feel that to some in the state legislature would not be content with letting homeschooled children off so easy.

To have a judge include in the midst of her opinion the language of the Department of Children and Family Service to describe the homeschool setting as "cloistered" and essentially sub-rate to public school presents a sort of double standard on the part of the state.  It judges its own teachers chiefly by how well students score on tests; there is nary a peep about the qualifications of teachers based on the quality of emotional or social support students receive at public schools.

Many parents in the public school system exploit the system to its furthest limits - as with many cases in special education.  Curiously, however, as law is reframed in respect to their situations, procedural safeguards and parent rights are molded consistently in favor of the parents.  Curious as the law surprisingly took a different route to speaking to the rights of parents who wish to homeschool their children.

Wait for parents to start suing school districts who tell them the students should be enrolled in their schools or taught by a credentialed tutor or risk the threat of being reported to the state.  Then the law might start leaning in their favor, too.

35 Don't the citizens retain all rights not explicitly claimed by the state's constitution? If so, and if the judge says there's not a constitutional right to homeschool one's children, then the state is claiming that right for itself. But on what basis?

Matt

36 <em>Dana, I read that section with interest because it directly contradicts the current regulations from the California Department of Education.</em>

But can the CDOE break the law?  If the law reads such that it gives the CDOE the power to adopt rules and regulations governing the filing of private schools, than their policies are fine and homeschools are likely protected.  A portion of our law reads something like that here in NE.

But this has continued to be a foggy point in the law.  Back in 2002, the CDOE sent out a letter advising:

<em>In California, “home schooling” — a situation where non-credentialed parents teach their own children, exclusively, at home whether using a correspondence course or other types of courses — is not an authorized exemption from mandatory public school attendance. Furthermore, a parent’s filing of the affidavit required of a private school does not transform that parent into a private school. Therefore, those parents who home school their children are operating outside the law, and there is no reason for them to file an affidavit. Joanne Mendoza, Deputy Superintendent Curriculum and Instructional Leadership Branch</em>

That was stopped without legal or court action, but I can't find where the CDOE really changed anything.  It appears it was just left to local school districts who never really did much given the pressure. 

Perhaps with everyone working on this case, CA homeschoolers will finally have assurance that this is a legal option and they don't have to worry about it.

37 The parents signed up their kids with Sunland Christian School, a private school, not a charter school. Sunland helps homeschooling parents with curriculum, books and, in this case, testing the children's progress. The juvenile court accepted the school's conclusion that the children were doing satisfactory academic work.

A growing number of charter schools, private schools and district-run programs essentially serve as <a href="http://joannejacobs.com/2008/03/06/california-court-no-right-to-home-school/">support services</a> for homeschooling parents. Often they run classes in subjects parents find difficult to teach, such as advanced science and math, and offer band, chorus, sports and other electives. This makes it easier for homeschooling parents to ensure that all subjects are taught well and find social outlets for their children. That is, it makes a lot of sense.

It's possible that all the parents using this option could file to declare their home a private school, but the home-schooling groups think the judge's ruling is more broad. All the newspapers interpreted the ruling in the same way as the LA Times, as did <a href="http://volokh.com/archives/archive_2008_03_02-2008_03_08.shtml#1204845642">Eugene Volokh</a>, a UCLA law professor.

38 Oh, why not:

Tell you what, Matt. I'll admit that there is a constitutional right to homeschooling if you admit that there is a constitutional right to same-sex marriage.

The constitution places restrictions on the government, not on the people.  You need to find where the constitution gives the state the power to direct the education of the child. 

Same with marriage.  Why else would an amendment be required to make sure that same sex marriage remains illegal?

39 I wonder if this will have ramifications with home-based charter schools, a growing trend all over the US.  I know that these schools in particular are getting under the skin of brick and mortar public schools as they are out performing with less funding, making the traditional form of public education seem less attractive.  Of course, these home-based charter schools are not considered "home educating" as they are publically funded & generally have no parental choice  of curriculum. 

40 Dana: your thoughts on constitutional law while correct logically are not how either the state constitution in CA or the federal constitution are used in practice.

Only judges get to decide what is constitutional and they rarely decide on a logical basis. The decision in this case is loaded up with talk about prior decisions, not whether those decisions were accurate and logical. In other places, they make up stuff to justify their decisions. For example, there is one statement about a law would not be needed if this were the intention, since there's already another law. That is an assumption that the lawmakers even understood there was another law and that more so, that the lawmakers even read the laws they pass (they rarely do at the federal level - not certain about the state level).

But the bottom line is not what's in a constitution but who's got the guns to back up their orders. Also notice that the constitution says nothing about penalties for lawmakers who violate it's words. And it also says nothing about how the words are to be enforced. It's basically a document that serves to pacify the public.

If you want constitutional government where the actual words in the constitution are meaningful, look to some other country, or possibly even another planet.

41

I hope this blogger is right, but I believe that it was the Times that got it right.

The problem is that the statutory guidelines for homeschooling aren't clear. The law requires attendance in a full-time day school , or that the child be tutored by someone with a state teaching credential or a handful of other exemptions. Back in 2002, the state Department of Education interpreted the law as outlawing homeschooling and Superintendent of Public Instruction Delaine Eastin sent letters to school districts urging them to treat homeschoolers as truants. The new superintendent, Jack O'Connell, put the kibosh on that heavyhanded approach, but there's been no clarity on the issue.

Homeschooling advocates argue that "a parent or legal guardian working exclusively with his or her children" is exempt from compulsory education requirements, but others argue otherwise. An uneasy truce has existed, and this case has brought the issue back to the forefront.

The typical work around that has enabled homeschoolers to continue without harassment from local school districts is to certify themselves as private schools or enroll in private or charter schools with home-study programs. They sign an affadavit, and then the district leaves them alone.

The typical way to get district approval is to do as this one family did -- yet that's been outlawed.The wording in the decision -- an unanimous one, with two Republican appointees and one Democratic appointee -- is nearly extremely broad.

Based on my reading of the case and my coverage of the issue for several years, I believe California homeschooling is in terrible danger. Here's what the governor said about it today:  "Every California child deserves a quality education and parents should have the right to decide what’s best for their children. Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will."

Steven Greenhut, Columnist, OC Register

42 What Dana said in #38. 

It's mind-blowing that we'd wait on our government for each subsequent enumerated right before acting lawfully, not that we're already far, far down that path -- consider the vast licensing infrastructure. 

Conversely, it's unfathomable that we'd also stand by nicely while government, acting through these pathetic anti-constitutional courts, would enumerate whatever it wanted and then call it constitutional, all the while as it corralled the personal, lawful pursuit of of life, liberty, and the pursuit of happiness, to name but a few.

Or are we prepared to accept that those pursuits are illegal at any time a court chooses to outlaw them?

Indeed, the Constitution places restrictions on the government, not on the people.  Proof of that concept occurs (regularly these days, see also family law and courts) when rulings like this infringe on prior personal rights clearly enumerated as belonging to the people.  There's an entire constitutional history that ascribes the private sector the natural and presumptive right to be free from government meddling.

This instance is the reverse.

43 I disagree with Ace. I am a lawyer in California and I have read the case. It does make home schooling criminal in California and states specifically that the exception that Ace is claiming does not apply. Additionally, the Turner court rejected, and noted that courts in other states had also rejected, the notion that parents instructing their children at home come within the private full-time day school exemption in then-section 16624 (now section 48222). The
court stated that a simple reading of the statutes governing private schools and home instruction by private tutors shows the Legislature intended to distinguish the two, for if a private school includes a parent or private tutor instructing a child at home, there would be no purpose in writing separate legislation for private instruction at home. (Turner, supra, 121 Cal.App.2d Supp. at p. 868; accord Shinn, supra, 195 Cal.App.2d at p. 693.) Moreover, even if being taught at a parent’s home could be construed as attendance at a private day school, the parents in Turner had not demonstrated that their home already qualified as a private school under the requirements of the Education Code. (Turner, at p. 869.) Granted, the court is wrong on this point and it is dicta under the facts of the case. But that doesn't change the fact that this crap decision is a threat to home schooling and cannot be allowed to stand.

Home schoolers need to fight this and they need to be loud and aggressive about it.

44

Two problems:

1) The need/non-need for a credential and definitions. 

As I understand it, the credentialing a private school is controlled by the school.  The private school declares its teachers competent and that is it.  There is NO homeschooling in California.  They are private schools in the home.  A minor distinction,  but there is no legal homeschool entity/form in California.  Parents form private schools, their children attend and they teach.  Yes, it messing with words, but that is what lawyers do.  B-)

2) Standard tests to validate performance is a very, very dangerous path to follow.

Testing as a goal, rather than learning, causes teachers to "teach to the test."  This makes for a narrow measurement of the student's abilities and more importantly it drive curriculum choices.  Our son has had a year of German, another of Latin and is starting Greek.  None of this is directly tested by standardized tests.

Another reason parents elect to homeschool (er sorry establish a private school in the home) is to allow the student to progress at their own rate.  Our son is advanced in languages and history and playing catch-up on math (finally found the right curriculm for his mode of learning).

Two professional California teachers have told us that we are doing the best thing for our son.  We have established a private school in our home.  If the state inserts a requirement for a credential we will have a problem on our hands.

To my thinking, this issue reduces down to the question - "Is a credential required or not?" (Apologies in advance for typos - I am at work.)

45 While there are still technically ways to legally homeschool, a precedent with this language:

"A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare,"

Is still chilling and cause for alarm.  This passes over any pretexts about competence and performance, coming right out and objecting to home schooling because it avoids indoctrinating an official orthodoxy.  That the statists feel comfortable with such proclamations forbodes worse things to come.

46

I am a homeschool dad in Missouri.  The laws here are far less restrictive than the ones in California, yet even here homeschool parents have been harrassed by public school officials and the police.  Anyone who thinks a ruling like this one in California isn't going to lead to more harrassment and further restrictions on homeschooling families is wrong, plain and simple.  As one commenter has already pointed out, it is against the best interests of the government to watch quietly as the homeschool movement grows.  Keep in mind that most homeschool families are doing so in large part due to the agenda being imposed by the government and the courts.  Any thing they (the gov't and the courts) can use to exercise their control they will use.  Homeschool families have every reason to be concerned with this ruling.

There should be absolutely no restrictions, outside of significant abuse and/or neglect, on homeschooling.  Children do not belong to the State, and it is outside their responsibility to exercise any authority over children that their parents don't expressly allow.  Regardless of what a court or government body says.

47 Oh, and a further aside ... the school system makes money based on number of students and attendence.  Again, it's against the interests of the State to allow any children to be outside their propoganda mills.

48 I'm confused.  You said that a parent who homeschools has to have a criminal background check.  Does that mean that if they are an ex-con they cannot homeschool?  I have a friend who spent several years in prison (she was put in prison when she was 18 - the foolishness of youth) and has now become a Christian.  She is an awesome lady and is homeschooling her daughters.  How will this affect her?  Can you please give us some answers because she is really scared?

49 Eric, you said:

Dana: your thoughts on constitutional law while correct logically are not how either the state constitution in CA or the federal constitution are used in practice.

And I understand that.  I was only replying to Gabriel's comment (#26):

Tell you what, Matt. I'll admit that there is a constitutional right to homeschooling if you admit that there is a constitutional right to same-sex marriage.

Both fall back to the same Constitutional arguments that throw these things back to the states.

50 After reviewing the court order on the Long's case and re-reading the California
legistatures' various education codes regarding schooling, I can not understand
the
implications to violate the way homeschooling has always been done in
California,
meaning, we homeschool here as a private home-based school, and that is still
perfectly
legal, even if the Long's case stands.

It is simply not true that the Long's case de-establishes homeschooling in the
state of
California! The case simply states the Long's must enroll them in a "legally
qualified full
time private day school". Well, in the state of California, anyone can create a
legally
qualified full time private day school by filing an affidavit, keeping
attendance records, and
teaching the subjects required by the state (these are very broad subjects, not
a
curriculum, mostly it says English, math, social studies, science, PE, and art).
The
instructors DO NOT HAVE TO BE CERTIFIED TEACHERS, but rather "capable of
teaching".
So, any parent may declare their home a private school and then teach them in
that home
private school!

The court did establish that the Long's can not homeschool through a private
school ISD.
There is no legal allowance for a private school ISD, or as they are popularly
called, "an
umbrella school". This is a misunderstanding many homeschoolers in California
have.
Many parents feel "safer" enrolling under a private "umbrella school". Even if
a person
pays a private organization to "file" their paper work, each family should,
under California
law, file their own home private school affidavit. Unfortunately, most parents
don't do this
as the "private school ISD" does not tell them too, so they have no legal right
to
homeschool in this manner. This is the same category of parent that the Long's
fall under.

The Long's could have homeschooled in California if they had decided to declare
themselves a private homeschool and then taught their children the subjects
required
(mostly English, math, social studies, and science, in very broad terms).

It is still legal in California to homeschool if you are an UNCERTIFIED TEACHER,
meaning a
normal parent, you just have to do it as your own home private school, not they
way the
Long's did it. Please review the case again to see this is true, the lawyers
are attacking
Sunland Christian's attempt to do an ISD from their private school, which is not
allowed in
California.

It is allowable to become a "legally qualified full time private day school" by
filing an
affidavit with the state of California in October of each school year. Anyone
can do it, and
teach their own children there. If they do not hire teachers to their private
school, there is
no additional paperwork to be done. I am worried this might cause everyone to
become
overly panicked. Let's read the court order and be smart!


Thank you,
Mary Robin Gibson

51 "I would remind you, that extremism in the defense of Liberty, is no vice..."

<> Most home schoolers I think would recognize the quote.  Most public-schooled kids and many of their teachers would not...

<> Keeping a vigilant eye on Liberty and those who would take it, is not an overreaction.

<> The California legislature - by virtue of its actions towards making public schools a place for anything but reading, writing and arithmetic is exhibit 'A' for the cause of angst among parents and homeschooling organizations to be upset and on guard.

<> A socialist and its allies never rest in their eternal quest to pursue and acquire centralized power over the individual citizen.

<> We may never be able to drive a stake through the socialist beast, but we should be ever vigilant to keep him at bay.

52

Gabriel and Mary Gibson

 

You dont know what your talking about. The judges said that the law does not allow parents to educate theit children in their home unless they are credentialed. Go back and read page 7, 8, And 9. Phillip Long . marylong8@sbcglobal.net

53 Whether or not homeschooling is on the endangered species list and parents who homeschool their children are about to be indicted as the worst kind of criminal , my advice is to get the hell out of California. I left California in 2002 after having lived almost my entire life in the Bay Area. I don't miss California in the least and will never , ever go back to that wretched state.

When Nevada becomes beachfront property I will rejoice without measure.

54 Amy, I don't know what to tell you except that parents who want to homeschool in California have several ways to go about it legally. The Longs are in trouble because they didn't follow the rules, not because the state has criminalized homeschooling.

Gabe , this is a distinction without a difference! It makes no sense to say that homeschooling hasn't been criminalized , when obviously the type of homeschooling the Longs were engaged in does make them subject to criminal sanction in CA.  If the Longs' practice of homeschooling was not subject to CA criminal law (not criminalized) the Longs wouldn't be in any trouble at all , would they? The criminal courts have no jurisdiction over a matter that is not subject to criminal law and the Longs could just go on homeschooling their kids as they wish without any fear of being prosecuted.
CA has  , by its "rules", created a de facto criminalization of certain kinds of homeschooling. After all ,  a violation of the rules (the elements) of criminal law constitutes a criminalization of the conduct which is in violation of those rules.

I think it is more appropriate to say that the state , by its rules , has criminalized certain types of homeschooling activity (the types outside the rules the state has set ; which rules the courts may find are within the regulatory powers of the state.). The type of homeschooling the Longs were practicing , outside the rules , is subject to criminal sanction and therefore has been criminalized.

55

Can someone please explain to me how registering as a "private school" is still a legitimate option in light of the following (from p. 12 - 13 of the opinion):

"However, the parents have not demonstrated that the mother has a teaching credential such that the children can be said to be receiving an education from a credentialed tutor. It is clear that the education of the children at their home, whatever the quality of that education, does not qualify for the private full-time day school or credentialed tutor exemptions from compulsory education in a public full-time day school."

Although one could argue that the court is simply saying that the mother didn't follow the correct procedure for registering as a private school (and therefore she doesn't fall under the exemption), the other language cited in this decision doesn't support that interpretation; namely:  

"Additionally, the Turner court rejected, and noted that courts in other states had also rejected, the notion that parents instructing their children at home come within the private full-time day school exemption in then-section 16624 (now section 48222)." 

and

"The court stated California’s legislative scheme makes no such exemption to attendance in a public school. (Turner, supra, 121 Cal.App.2d Supp. at p. 868-869; accord Shinn, supra, 195 Cal.App.2d, at p. 694, where the court stated that “[h]ome education, regardless of its worth, is not the legal equivalent of attendance in school in the absence of instruction by qualified private tutors.”)"

and

"Indeed, the State’s interest in assuring that these standards are being met has been considered a sufficient reason for refusing to accept instruction at home as compliance with compulsory education statutes."

and finally

"The Allen court cited Turner as a case in which home instruction was rejected as a means of complying with a state’s compulsory education laws. (Id. at p. 247, fn. 8.)"

Taken together, these statements seem pretty clear that the court is saying there is no legal option to register as a private school and teach in your own home, unless you already have a teaching credential.

56 Sadly, this blog post is incorrect. The court specifically addressed the possibility of a homeschool being registered as a private school with the single sentance "It is clear that the education of the children at their home, whatever the quality of that education, does not qualify for the private full-time day school or credentialed tutor exemptions from compulsory education in a public full-time day school" (ppg. 13-14).

So no, the court ruled that out, without any citation of precedent or law, and they did so without any lawyer having argued the point before them.

They also cut off the option of being under a private school by simply quoting the law as saying "Section 48222 provides an exemption from compulsory public school education for '[c]hildren who are being instructed /in/ a private full-time day school.' (Italics added.)" (pg. 15, replaced italics with slashes).

Yes, that's the extent to which they expanded on their interpretation of the law: they italicized a single preposition. By that logic children educated at a private school had better stay indoors, lest a truant officer pick them up.

Finally, many parents use a public charter school. The court also ruled on that, even though (again) the issue had not been properly argued before them:
"...the parents present no authority to the effect that a charter school can excuse the statutory requirement that tutors be credentialed if their students are to come within the tutor exemption to compulsory public school education."

Yes, the court confused the issue by pretending that all teaching and/or tutoring under a public school must be done by credentialed persons. I don't know the law here, but surely homework can be administered by parents (but must be graded by a credentialed teacher); these charter schools simply stretch the notion of homework.

This is a poorly argued case leading to a poorly argued ruling. I believe it will be depublished at least, and possibly overturned -- although either way, the parents in question are quite likely in trouble.

57 I began homeschooling my chilren in CA in 1996, and was under their system untill 1999, when we moved to CO. The Ned Ryan blog shows a lack of understanding about the realities of homeschooling in CA. Homeschooling has always been a "grey" area there, since there are no specific laws governing it. Homeschool families operate under the Private School option, but that has always been contested by the Teachers Union there, as well as other liberal groups. They have argued that the Private School option doesn't apply to homeschoolers. The fact that a court made a ruling about homeschooling IS a big deal, since the Private School option has never been legally validated in favor of homeschoolers.

There was always an uneasy relationship between homeschoolers and the state of CA. We were advised to keep as low a profile as possible. This meant not letting our children play outside during normal school hours, and saying our children were in a private school when questioned. I had MANY occasions in CA where perfect strangers would demand to know why my children weren't in school. There was always a level of fear about someone reporting you to the child welfare agencies.

Those who despise homeschoolers in CA have always wanted some judge to rule against it. This time, they got their wish. As I stated before, to say this doesn't matter shows a complete lack of understanding of the situation in CA. I'm following the lead of HSLDA. If they say it's a threat, it is.

58 The court decision is actually available on the web.  A reading of the pdf lends credibility to the belief that the courts intention is to create a power of the state to outlaw homeschooling by any parent that is not certified.


"It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) applies to the child. Because the parents in this case have not demonstrated that any of these exemptions apply to their children, we will grant the petition for extraordinary writ."


Further text from the ruling suggests that home schools are not considered private schools.  Nor does it matter the quality of the education, or if the subject matter is provided by a school.  It is the person instructing that counts.

The opinion is available at http://www.courtinfo.ca.gov/opinions/documents/B192878.PDF

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