The Second District Court of Appeals in Los Angeles has reversed a ruling it issued in February that required home-schooling parents be credentialed.
The initial ruling by the three-judge panel prompted an outcry from home-schooling advocates, religious organizations and politicians.
The same three-judge panel subsequently agreed to reconsider the case in March, and found that individual parents, like private schools, are exempt from the requirement that those who instruct children be credentialed by the state.
The February decision arose from a child protection case involving a family, in which authorities determined the father had mistreated some of his eight children, and the mother attempted to hide the children from authorities. The parents had home-schooled their children through the Sunland Christian School in Sylmar, where they would occasionally take tests, but were taught in their home by their mother.
Lawyers appointed to represent the two youngest children had asked a family court to require them to attend a public or private school full-time so their well-being could be monitored.
The family court declined, but the children’s lawyers appealed.
The appellate court, in turn, ruled in February that Sunland officials’ occasional monitoring of the family’s teaching methods were insufficient to qualify as being enrolled in a private school, because the mother does not have a teaching credential, and therefore, the family violated state laws.
The issue also arose, in part, because California’s laws do not specifically address home-schooling, unlike those of at least 30 other states.
Last month’s ruling, which essentially covers the state’s estimated 166-thousand home-schoolers, was praised by Gov. Arnold Schwarzenegger, who had vowed to allow home-schooling through legislation if the court did not act.
“This is a victory for California’s students, parents and education community. This decision confirms the right every California child has to a quality education, and the right parents have to decide what is best for their children. I hope the ruling settles this matter for parents and home-schooled children once-and-for- all in California, but assure them that we, as elected officials, will continue to defend parents’ rights.”
The ruling basically upheld the position of the state Department of Education, which has traditionally allowed home-schooling, so long as parents file paperwork with the state establishing themselves as private schools, hire credentialed tutors, or enroll their children in independent study programs operated by charter or private schools or public school districts.
California Superintendent of Public Instruction, Jack O’Connell, said, “As head of California’s public school system, it would be my wish that all children attend public school, but I understand that a traditional public school environment may not be the right setting for each and every child. I recognize and understand the consternation that the earlier court ruling caused for many parents and associations involved in home-schooling. It is my hope that this ruling will allay many of those fears and resolve much of the confusion.”
The court, as part of last month’s ruling, did say the right of parents to home-school their children can be overridden if a child is found to be in danger. The court also called on the state legislature to clear up what it called conflicts in state law to specifically allow home-schooling. The court noted that the legal uncertainty “has resulted in a near absence of objective criteria and oversight for home schooling.”
The California Teachers Association, which had argued that all children need to be taught by credentialed teachers, initially declined comment on last month’s ruling. It was the only teacher’s union which accepted the court’s invitation to take part in the case.
Some other teaching organizations have defended the growing practice of home-schooling.
While on the rise in California, home-schooled students are just a fraction of the number of the state’s students, in which 6.2 million are enrolled in public schools and 500 thousand in private schools.
The case, nonetheless, drew the attention of pro-family and conservative legal organizations.
The initial ruling was denounced by Focus on the Family Founder, Dr. James Dobson, as “an all-out assault on the family.”
At the time, Dobson added, “The court is guilty of an imperious assault on the rights of parents. How dare these judges have the audacity to label tens of thousands of parents criminals–the equivalent to drug dealers or pick-pockets–because they want to raise and educate their children according to their deeply-held values? The case before them involved one couple–the ruling should have been confined to that one couple, not used to punish an entire class of people, the vast majority of them, religious conservatives.”
As for last month’s ruling, Candi Cushman, education analyst for Focus on the Family Action, stated, “This is a huge victory worth celebrating. We’re glad the court acknowledged constitutional protections for home schooling.
However, the court’s wording also makes it clear, we need to remain vigilant to oppose future attacks on that freedom.”
Liberty Counsel filed a brief in support of home-schooling, after the court agreed to rehear the case.
Steve Crampton, General Counsel for Liberty Counsel, commented, “We are pleased that the court recognized what all other states have also recognized -- namely, that the child is not the mere creature of the state. Home-schooling is a constitutionally protected alternative to placing one’s children in government schools, which frequently push harmful political and social agendas.”
American Center for Law and Justice, which also filed a friend-of-the-court brief, praised last month’s ruling.
ACLJ Chief Counsel, Jay Sekulow, said, “The decision reaffirms the constitutional right that’s afforded to parents in directing the education of their children. It’s an important victory for families who cherish the freedom to ensure that their children receive a high quality education that is inherent in home-schooling.
The court’s decision makes clear that it is a reasonable interpretation of California’s facially ambiguous statutory scheme to conclude that home-schools are permissible in California when conducted as private schools.
While the appeals court decision is welcome, it does leave open the question of what other state interests may override the parental liberty interest in directing the upbringing of children.
But most importantly, the decision allows parents whose children have not been declared dependents of the state, to rest easy and to continue to educate their children in their homes without the necessity of becoming certified/state-credentialed to do so,” Sekulow said.
Alliance Defense Fund represented a parent who was part of the appeal that was ruled upon last month.
ADF Senior Counsel, Gary McCaleb, said, “Thousands of California families have educated their children successfully through home-schooling. We’re pleased with the court’s decision, which protects the rights of families and protects an avenue of education that has proven to benefit children time and time again. We are pleased for our client in this case, a father who is now free to establish his right to continue educating his children at home,” McCaleb said.
Likewise, the California-based Campaign for Children and Families, hailed last month’s ruling.
CCF President, Randy Thomasson, said, “With this good decision, parents have more reason than ever to yank their children out of the broken public school system and head for the promised land of home-schooling and church schools. Newly-enacted state laws require homosexual, bisexual and transsexual indoctrination in public schools. Fortunately, parents can rescue their children and choose the moral and academic excellence offered by home-schools and church schools.
The California Legislature has just passed a bill (AB 2567) to require public schools to celebrate homosexuality, bisexuality and transsexuality. Existing state laws require the positive portrayal of alternative lifestyles (SB 777, AB 394) and the abolition of moral values on sexual matters in public schools (SB 71). Since the government schools are imploding, now is the time to discover the rewards of home-schools and church schools. On average, home-schooled children succeed academically and develop better character than kids in the government system,” Thomasson said.
CCF has set up a special Web site, RescueYourChild.org, to help parents learn how to home-school or enroll in a church school.
Also, in another education case out of California, a federal judge last month sided with the University of California for rejecting some science and history courses taught at Christian high schools.
Calvary Chapel Christian School in Murrieta, California, along with the Association of Christian Schools International, had challenged what they called an unconstitutional admissions process, on the grounds that the university refused to certify courses that taught creationism and other beliefs.
However, U.S. District Court Judge S. James Otero ruled that the university had a “rational basis” for rejecting some courses. At the same time, the judge found that the university system did not reject the courses out of animosity.
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