Do you agree with California's Court of Appeal ruling that homeschooling is legal?

Question

Home schoolers in California and their supporters are celebrating a legal decision in which the court handing down the ruling actually reversed itself.

Earlier today (Friday) the California Court of Appeal ruled that the state's education code allows parents to home school their children. That decision means parents do not have to obtain state credentials in order to home school. The court acknowledged that a state prohibition on home schooling would intrude on parents' constitutional right to direct their children's education, and that any limit on that right would be presumed unconstitutional.

You can check out the rest of the article at:http://www.onenewsnow.com/Legal/Default.aspx?id=208120

This is an answer to prayer!

Answer 1

Yes!!!  Of course, it always was legal, some judge just thought he could force his will on everyone regardless of what the law said.  

Answer 2

I think it is a wonderful victory for home school families.  There is already too much government control as to how we are allowed to raise our children.  As far as the poster with the idiot comment, I am guessing you were public schooled and it did not prevent you from becoming an idiot.

Answer 3

I am soooo happy to hear that.  I would love to home school my children...but my ex won't let me.  Kinda bummed about that.

Answer 4

I am glad people have the option to choose.  You shouldn't have to send your child to public school...especially when CA's schools are one of the lowest rated out there!  Homeschooling is a much needed option when public schools are slacking.  

We are in America...and we should all have the right to choose basic rights such as this one!

Answer 5

My hubby is taking me out to dinner to celebrate.  We've been waiting five-plus months for this day.

To the naysayers - my child was abused for two years by a credentialed teacher who is a so-called mandated reporter.  The other credentialed teachers closed ranks around her.

I support every parent's right to educate their child as they see fit. If you value that freedom, protect ours.

To my fellow California homeschoolers:  {{{{{{{{{{{{{}}}}}}}}}

We are here, our numbers are growing, and we are not going away.  Get used to it.

Answer 6

I'm glad to hear it! We all knew it would happen--what the judge declared wasn't actual legal. There's no way it could have stood because judges aren't allowed to make laws, just interpret them and he did not interpret the law correctly at all, just passed on his own beliefs.

As for some of the comments in here...

"Great, now idiots can teach idiots idiocy. A great victory for the Idiocracy."

Wow, so all parents are idiots? You know most school teachers are parents?

---

"But children should go either a public or private school at least part time to learn how to act socially. Most people I know who were homeschooled do well academically in higher education, but act very awkwardly in social situations or avoid them all together."

School is the only place to learn social skills? And parents should be REQUIRED to send them just because some of the ones you've known have been the way you've judged them to be? You've got to be kidding. I'm not sure how many homeschoolers you know, but I know many and very, very few are awkward. Which isn't any different from when I was growing up and teaching in the public schools.

I've known some teen homeschoolers since from before they weren't teens. A conversation came up once when they were all together about how ignorant and rude some people can be. The teens were seen as just fine by the non-homeschooled kids around them--until those kids found out the other kids were homeschooled. "Really? But you're normal!" or other similar comment was heard by almost all of them. One girl got OSTRACIZED because of this revelation--despite having spent an entire summer month with these kids almost every day. They were all in a sports training program together and when it resumed in the fall, the one girl who had decided to ostracize her tried to make her life a living h**l. Called her things like "social r****d". They were 14, not 8. If there is a prejudice against homeschooling, it's very easy to look for "proof" of it in somebody.

"I would never pull them out of school because that is the only way to receive a social and real world education." I'm sorry you feel that all the people who grew up before there were schools didnt have a social education. I'm sorry you feel so inadequate. I'm sorry you don't feel capable of having them be a part of the community around you so that they would get a social and real world education with you. However, just because you don't feel capable doesn't mean that parents choosing to homeschool aren't.

I know some older homeschooled kids and those who have formerly bene homeschooled. They were by no means "hamstrung" in higher education or in the real world. Can homeschoolers be different? By all means. I see this is a good thing. Children need to leave the nest? What, you think that all homeschooling parents keep their kids at home until they're sent off to college? Do you know how many teen homeschoolers have jobs, volunteer, go do things with friends, participate in activities in their community (and not necessarily at all with homeschooelrs)? Mike, you have a very limited view of homeschooling, which is why you are receiving the thumbs down that you received.

I don't want my kids to receive the social education of public school. I saw the social education of public school while teaching in it. My husband sees it every day. I saw that kids were held back in their social growth by growing up in what is essentially a family of 25-uplets. Kids learn their social skills based on what's around them, in addition to some guidance. How can they grow well when their models are just as immature as they are and the one to guide them (the teacher) has 25 of them to guide?

And have you considered the possibility that you have met formerly homeschooled students that you thought were just fine--it's just that you never knew they were homeschooled?

ADDED: Mike, reread your own answer:

"But children should go either a public or private school at least part time to learn how to act socially."

The implication is that 1) school is the place for kids to go to learn how to act socially; and 2) kids should be forced to go to school (even if it is part-time). I didn't even touch the whole host of problems that can come out of going to school part-time.

ADDED: Mike, I admit to misreading what you wrote and went back and reread it. I had understood that you thought kids should be required; you're just saying they should. (I won't even go into the whole host of difficulties that would come out of sending a child to school part-time--especially since most schools would outright reject the possibility.) However, your assumption is still based on the idea that school is where kids have to go to learn how to act socially!

Answer 7

Spliff, in his answer, has demonstrated his expertise on the subject of idiocy.

Yes, I agree. It's clear from the many academically excelling homeschoolers and also from the shockingly high percentage of sub-literate public school graduates that a teaching certificate is neither a guarantee of nor necessary for a quality education.

Answer 8

YES!  Any ruling in favor of freedom gets my support!!

In response to the person before me-- it is not illegal to be an idiot.  Besides, education does not necessarily guarantee that one will become wise.  Knowledge and wisdom unfortunately are not equal.

But then, a person without much knowledge can be wise.  So I suppose wisdom is what we want to acquire along with a base of knowledge.

Answer 9

If I had Children now, I would home school them instead of letting a Human Secularism Institution teach my Children lies and raise them up to hate Christianity.

Answer 10

WOW... SANITY from a California Court of Appeal?  What next?  The Second Coming????  There may be hope for California yet!

Have a blessed day.

Answer 11

As a lifelong homeschooler, of course I rejoice with California parents.  At the risk of being chastised by the organization I'm a member of, here is what I got from HSLDA in yesterday's email:

A Great Victory for California Homeschoolers

Dear HSLDA Members and Friends:

In a unanimous decision, the California Court of Appeal for the Second Appellate District today ruled that “California statutes permit home schooling as a species of private school education.”

Today’s decision stands in stark contrast to the opinion this same three-judge panel issued in February, which would have made California the only state in the union to outlaw home education had it remained in effect.

“It is unusual for an appellate court to grant a petition for rehearing as this court did in March,” said HSLDA Chairman Mike Farris, “but it is truly remarkable for a court to completely reverse its own earlier opinion. We thank you for your prayers and give God the glory for this great victory.”

When the court vacated its earlier decision on March 25, 2008, it invited interested organizations to file friend-of-the-court briefs. “I have never seen such an impressive array of people and organizations coming to the defense of homeschooling,” said Farris, who was one of the attorneys who argued the case on rehearing along with Alliance Defense Fund attorney Jeff Shafer, who represented the father. The father was also represented by Gary Kreep of the United States Justice Foundation.

California’s three largest homeschool organizations, California Homeschool Network, Homeschool Association of California and Christian Home Education Association joined together in one brief to defend the right of all parents to homeschool. HSLDA, Family Protection Ministries and Focus on the Family also joined in a separate brief. Numerous other private organizations came to the defense of home education as did California’s governor, attorney general, and superintendent of public instruction.

We are extremely grateful to all of the organizations who worked tirelessly to protect and preserve homeschooling freedom in California. We are also thankful for you, our members, for your prayers and support during this trying season.

The freedom to homeschool is a precious gift from God. But keeping it free requires vigilance and perseverance. We must continue to work together diligently to preserve this precious freedom in California and elsewhere.

Sincerely,

J. Michael Smith

HSLDA President

To the naysayers:  http://www.hslda.org/docs/nche/000000/00...

Answer 12

The state shouldn't tell parents they cannot homeschool their children, that is too much government intrusiveness.  But children should go either a public or private school at least part time to learn how to act socially.  Most people I know who were homeschooled do well academically in higher education, but act very awkwardly in social situations or avoid them all together.  Many also cannot tell the difference between someone who is using them and who is a true friend.  Again though, this is not a place for the government.  

Edit:  Five Thumbs down....really?!?  I agree that the government has no place in telling parents how to school their children but comment about the pitfalls of not letting their children receive the social education they get from going to a public or private school?

Edit:  Deb- I bet that although your children are social butterflies with their circle of friends, they will still be hamstrung in higher education or in the real world.  Even the extroverted home-schoolers have an awkward time in social situations or have a hard time dealing with those that don't share their beliefs.  Also, children need to leave the nest to experience something different than homelife.  

When I have children, I actually plan on supplimenting their education at home (Kansas has a problem with actually teaching science), but I would never pull them out of school because that is the only way to receive a social and real world education.

Edit:  Glurpy... you said,  "School is the only place to learn social skills? And parents should be REQUIRED to send them just because some of the ones you've known have been the way you've judged them to be? You've got to be kidding."  in reference to what I said.  READ MY WHOLE ANSWER!!!  I am glad they overturned the ban.  Nowhere in my answer have I said children should be required by the state to be in school.  You are worse than a politician in spinning what people say.