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.
CT explains in its story:
A California appellate court ruled last week that a family's religious convictions do not guarantee a right to homeschool their children."California courts have held that under provisions in the Education Code, parents do not have a constitutional right to homeschool their children," wrote Justice H. Walter Croskey for California's Second District Court of Appeal.
Regardless of your thoughts about homeschooling, this is a religious liberty issue that should concern us all.
Comments (12)
As an educator, I'm not one to take children out of the school system, but I feel it is parent choice as to where they educate their children. Some parents homeschool for various reasons, but as long as children get the education they need to fulfill their lives and build a future career, let them homeschool.
Posted by Brenna | March 6, 2008 5:53 PM
Posted on March 6, 2008 17:53
Ed, This thing made my blood boil when i first heard it because we home school. But after further examination, i believe these people who are being prosecuted did not follow the laws of the state in establishing a legal home school environment. There are numerous home school associations in California. Each of them list how to apply to the state in order to home school your kids.
http://californiahomeschool.net/howTo/psa.htm
I think there may be more to the story. But we need to let the powers-that-be know that taking away the home school option - well it is just not an option.
Posted by Billy | March 6, 2008 7:27 PM
Posted on March 6, 2008 19:27
Billy,
I tried to stay away from the issue of the people involved because of that very reason. But, the concern is the case and the precedent that it can set.
Ed
Posted by Ed Stetzer | March 6, 2008 7:32 PM
Posted on March 6, 2008 19:32
Very good point. I didn't think about the precedent.
Posted by Billy | March 6, 2008 9:02 PM
Posted on March 6, 2008 21:02
As a homeschooling parent & SBC pastor & resident of CA, the story is a big deal for us out here. It, as Ed said, isn't the particular case (which has a number of dicey elements to it) but the precedent.
Please pray that those "on our side" in the limelight will respond wisely & graciously.
Posted by Mark Jackson | March 7, 2008 3:10 AM
Posted on March 7, 2008 03:10
Religious Liberty: Does not and should not exist.
Ed, you are right. It is a religious liberty issue. YOU DON'T HAVE IT!! And never will. You have the freedom from the government establishing a state religion. No where in the US Constitution, nor Bill of Rights does it say "you can do whatever you want if if you feel like that's what your WWJD bracelet would tell you." No where does it say that you have complete liberty concerning religion. (or frankly, anything else.)
There are a number of issues in question here:
1) The government's obligation to keep tabs on the education of children and the education of a society.
2) Your rights and your religion.
3) The consequences of allowing complete religious freedom.
The precedent that is being wanted on this blog is that a person should be able to do whatever he choses if God tells him to do so. You do not have that right, and I pray that you never do. this is so dangerous. This is many more unintended consequences that the HCSBers are not thinking about.
Good debate.
Posted by Michael | March 7, 2008 8:12 AM
Posted on March 7, 2008 08:12
Ed,
You are so right in saying this is an issue that should concern us all. As a former public school teacher who is now a pastor who homeschools two children, I find this ruling alarming.
The implication is that this decision could eventually provide a precedent for other states. Homeschoolers already have to file with the local school board (at least in Virginia) to be able to do it legally. They don't make it easy. Several times we have had to make phone calls to the school board office just to get the letter of approval sent back to us after we sent our letter stating the reason why we homeschool, which is required.
This decision says alot about what this court thinks about parental authority.
TBH
Posted by Travis Hilton | March 7, 2008 10:55 AM
Posted on March 7, 2008 10:55
Michael:
There is a difference between "I can do anything I [expletive deleted] well please in the name of God" and "the freedom to educate my children in the way I see fit."
While I appreciate that the government has, over time, adopted a parental role in the lives of many citizens, I'm not sure that it functions best in that manner. Spending per pupil continues to rise with more & more children who are woefully lacking in basic education skills (math, reading, writing, critical thinking, etc.). Governing bodies continue to place more & more responsibilities on teachers to "parent" and impart a generic value system to our children - roles that run roughshod over the actual rights of parents.
I don't deny that there are a lot of "bad" parents out there - I'm a pastor & former youth minister, I've seen 'em - but I don't think that we can fix bad and/or inadequate parenting with more regulation & more systems.
Posted by Mark Jackson | March 7, 2008 11:41 AM
Posted on March 7, 2008 11:41
Mark,
Good debate. I hope you are successful in your ministries.
My argument was against Ed's religious liberty comment more than on homeschooling in general. I frankly don't care what you do with your children.
Opa!
Posted by Michael | March 7, 2008 4:20 PM
Posted on March 7, 2008 16:20
Michael,
I think I disagree on two counts. First, regardless of whether religious liberty is enshrined in the constitution, it is an inalienable human right.
However, I would also add that the constitution does limit a state church but it also does protect the free exercise of religion. The first amendment says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
For many, teaching your children at home is the exercise of their faith. (If I had to put my kids in some California schools, it would probably be for me.)
So, I think this is a religious liberty issue and should be treated as such.
Parents should not be able to do whatever they want with their children, but they should be able to educate their children in the way they choose-- as long as their children are educated.
And, yes, I think that is a freedom of religion issue.
And, one last thought... I think that a person's sincerely held religious belief should be protected. There are many caveats there, but if I feel that God has called me to wear a headscarf, a WWJD bracelet, or a cross, and it does not endanger others, I should have the right to express my faith.
Posted by Ed Stetzer | March 7, 2008 4:48 PM
Posted on March 7, 2008 16:48
Someone just today emailed me a comment that is related somewhat to this issue:
"Everyone is concerned about drafting a Constitution for Iraq. I say give them ours. It was written by some really smart guys, has lasted more than 200 years, and since we aren't using it anymore . . ."
This should be a big time concern, and not just for evangelicals.
Posted by Joel | March 7, 2008 5:27 PM
Posted on March 7, 2008 17:27
I've heard a mountain of people mention the stats concerning educational performance of children educated at home (impressive figures). I'd be interested to see some research done on the number of children who have grown up in home educated who are relying on our welfare system as opposed to those in public schools. After all, isn't education supposed to prepare us to be productive members of the community and not leeches of it?
Posted by Benjamin Potter | March 9, 2008 7:36 AM
Posted on March 9, 2008 07:36