Is it lawful or constitutional for calinfornia to ban homeschooling without teaching credentials?

Question

i heard on the news that in california that a law was passed or they are looking into making illegal to homeschool without teaching credentials?

is this Lawful? or constitutional?

Answer 1

I would understand if those parents out there that have no credentials at all Should get them!  (Kids out here in Washington State, (Spokane), are just wondering around, getting in trouble, assuming "they" have been taught by their parents and they do not have credentials at all!!

Answer 2

In order for such a ruling to stand in the U.S. Supreme court, California state would have to prove that it is "the least restrictive means" to protect the state's interest in an educated population.

Here's a link to a petition requesting that the California Supreme Court depublish the judge's ruling:

https://www2.hslda.org/Registrations/Dep...

Answer 3

We will be happy to see this ruling headed for the Supreme Court.

As I have mentioned elsewhere, I am going to have both of my children take the credentialling exam.  I purchased the study guide at Barnes and Noble, and the test is soooooo easy that your guinea pig could pass.  Surely my 11 year old will pass with flying colors, and she will be certified to teach herself from now on.  Then who will have the last laugh....

Hey, public school parents...my 11 year old is now certified to teach YOUR children, LOL

Answer 4

Given that, up until recently, most private schools in the US did not require "teaching credentials" (which I understand to be a teaching degree) yet they did better at teaching the kids than the public schools did, it's obviously ridiculous that the government would focus on teaching credentials, as though somehow a piece of paper determines whether or not you can teach someone something.

Marva Collins is a wonderful example of this. She doesn't have a teaching degree and will never have one. Yet she successfully taught tons of students and even trained other adults to teach the way she did. Those who focus on a piece of paper are being closed minded.

Answer 5

I haven't read enough on this to say much but I do know this.... CA legislates everything to death! Interesting isn't it that one of our most liberal states would be so narrow minded on this subject?

By the by my sis went and took the test for being a credential teacher (nother state) and passed the first time, the lady administering the test was amazed!  She stated that most ed students who are actually"teachers" in the public mindset take at least three tries!!

Lets call our "public" schools what they are shall we? "Government" schools -- public schools are free and non mandated. Hmmmmm.....

edit: after reading the beginning of the actual court report (hslda has it on their site) it's obvious that this is an idiotic judge with an agenda as homeschooling is legal in CA as a non accredited "private school" (been there done that in CA!) and therefore the child was attending private school -- unless the parent's chose not to register which is their right but makes the case trickier.

And you're absolutely right about US history. All ps has done is suck the life out of the country (entrepreneurial spirit, etc) and is good for making mass workers which is why homeschooling scares/irritates so many people!

Answer 6

Well, I find it kind of odd that the only precedent stated in the case was from the 50's...and the only "looking out for the kids" statements in the ruling had a very - and I mean very - socialist flavor.  Like socialist as in 'could have come straight from "Mein Kampf" '.

Teaching credentials have absolutely nothing to do with homeschooling.  Sorry, but they don't.  Logistically, a classroom and a homeschool are two completely different situations.  My parents are credentialed teachers, and have been since before I was born.  I grew up tutoring and working in their classrooms.  I took education track courses in college, but ultimately decided that I didn't want to teach in a public classroom, so I didn't pursue credentialing.  You know what?  The courses I took didn't help me a l**k in teaching my own son.  They did help me with the group classes that I now teach, but teaching a child at home, as a lifestyle, has nothing to do with having a credential.

No, it's not constitutional - the state does not have the right to take the responsibility for a child's welfare away from the parents, unless the parents have shown that they are negligent.  I previously lived in CA, and chose to work a very stressful job so that I could send my son to a private school that charged $1100/month in tuition so that he wouldn't have to go to public school.  The public schools near us, 4 years ago (when we lived there), were still bilingual and had elementary students bringing weapons to school.  At age 4-5, my son was stronger in the core subjects than the third graders down the street.  No way would I send him to the schools where we lived.

(There are no schools of that caliber where we now live, and homeschooling suits him well, so that's what we do.  He thrives on it and loves learning.  He actually chose to be homeschooled after taking a look at the schools where we live.  It's not easy, it's not convenient, and he certainly doesn't play video games all day - but his education is ultimately my responsibility as his parent.)

Those who say homeschooling should be illegal, need to reread our constitution.  It was written so that citizens could have the freedom to do what was best for their family, so that they could make the choices that are their responsibility.  I'm not saying that schools are bad - many are good - but not all students learn well in a classroom atmosphere.  My son is one of those, and as his mother, I have taken responsibility for his education.  And quite frankly, he is already years ahead of his peers - academically and socially - and yet has no problem relating to them.  This has nothing to do with teaching credentials, it has everything to do with being a responsible parent - and the state has no right, constitutionally, to step in on how I parent my child.

Answer 7

I think the state of California is trying to look out for its students. Some parents maybe aren't qualified to teach their kids. It is a very tough and competitive world out there. Do what you need to do in order to be qualified to teach your kids. It's not just about you and what your needs are. Your kids need a good education to compete. Send them to public school until you get the qualifications. It's that simple. Don't be selfish.

edit: To me the only evil government is the government that is absolutely corrupt. Massachusetts falls into that. It is corrupt at all levels. Who suffers? The people because it doesn't matter if you are qualified or not or capable or not, it only matters who your family is (relations) and how politically connected you are.

Some people are so stubborn and so arrogant or so blind with ignorance that they cannot see the bigger picture and the real world. This necessitates the government having to get involved because these kids need an education to have a chance at success. The obstacles are too great without it.

edit: Maybe the credential requirements need to change. I think it's a good idea to have standards. The objective should be what is most important to the student, not the parent. The parents still play a very prominent and highly influential role. The schools will never replace that or try to circumvent that. It really is a partnership or should be. No doubt there are judges that are out of control but there you have the corruption again. It's not necessarily who is best qualified or capable. It's who is best politically connected. There's a price to pay for that.

Answer 8

It's unconstitutional.

Greengo, I love that idea about having your 11 year old take the exam.  Love it!

Answer 9

You cannot believe everything that is on the news.

There has not been a law passed- I say again very loudly to those all that can't seem to wrap this around their heads- NO SUCH LAW HBAS BEEN PASSED.

We don't even have all the details on this one case in LA.

They are not gonna pass such a law. They already have bigger fish to fry with our economy in California. The housing crisis and budget cutting and overcrowding in the school systems.

I am gonna wait to see what The Homeschool Legal Defense finds out about this case before making any assumptions.

we don't know anything and either does anyone else except the people that are involved in this case.

I doubt very seriously it will happen and everyone should stop borrowing trouble.

They already know that it is in their best interests to allow homeschooling in California. If they don't there are gonna be more empty homes, even less money for Public schools. Basically overtime if California doesn't start making wiser choices they are gonna be left a Ghost town that eventually just falls into the ocean or taken over by the Mexican Government.

Answer 10

Lawful, Constitutional and well done. Bravo California, now let's get all the states to follow suit. MANY parents are woefully unqualified to teach anything at all, and their little homeschooling cliques could use a good shakeup, the kids are the ones who will benefit from this and Kudos to California!

Answer 11

I concur with BARB... also if this judge wants to make a ruling that a family accused of abuse should send their kids to public school then all kids in a public school under abuse investigations should then be sent home for homeschooling? just a thought! I just love the double standards...

Answer 12

Whether or not it is lawful by human standards doesn't matter as much as the fact that parenting was created by God and he gave us direct commands to train up the children in the Way they should go.

Judges, legislators, neighbors, government paid school teachers, etc... are NOT in charge of every child in their slimy little grasp.

It wasn't a law that was passed.  It was a cavalier judge that decided a certain family cannot home-school their children.  EVEN THO they were innocent of supposed abuse charges.  The judge also said that home-school should be stopped in the state.  

My opinion is that judge is selectively retarded.  He has chosen to completely ignore the truth about home-schools.  The data is in --- check out www.nheri.org.   Home-schooling is a far better way for children to receive their education.  

Credentials-shmeedentials.  Good grief.  

No it isn't lawful for the judge to make such a decision and of course it is NOT constitutional.

Answer 13

If you do some research on teaching credentials, you will find it is nothing more than education in traffic control.  Learning how to (poorly) manage a big group of children does not a teacher make.

It is both unlawful and unconstitutional and will be overturned.