If you homeschool your children or are even thinking about it read this story and weep. Without even citing the statutes or constitutional principal on which this opinion is supposedly based, Justice H. Walter Croskey wrote in a February 28th opinion for the California 2nd District Court of Appeals, “Parents do not have a constitutional right to home school their children.”
Judge Croskey’s ruling states “keeping the children at home deprived them of situations where (1) they could interact with people outside the family, (2) there are people who could provide help if something is amiss in the children’s lives, and (3) they could develop emotionally in a broader world than the parents’ ‘cloistered’ setting.”
Many people believe that sending kids to school is the best place for them to interact with others. Many people also believe that the very people in the school who are charged with the responsibility of helping a child if something is amiss in their lives are themselves not trustworthy or credible and that some children need to be protected from them.
Many people believe that children develop better when not limited to the cloistered government school setting all day, every day for 13 years and that they develop better when afforded the opportunity to learn in and through the entire world.
The immediate ramifications of this ruling could subject the parents of 200,000 students throughout the state of California to face the state Supreme Court for criminal sanctions. This Judge’s opinion and his abuse of his power could be a slippery slope for home schoolers and all those that believe in the parent’s right to raise their children according to their own convictions.
In addition to the obvious concerns that have rippled throughout the homeschooling community nationwide such as the erosion of parental rights and educational freedoms, the concern today is: At what point did our government change the Job Description of judges? Is it within Judge Croskey’s power to create law. Isn’t the power to create laws is a responsibility given to the people by the United States government through the legislators that we elect? What statute or constitutional principal is Judge Closkey basing his interpretation that dictates that children cannot be educated by their parents unless the parent has a teaching certificate? Under his reasoning, if you don’t have a teaching degree, you are useless to instruct your child. This would be silly if it was not so serious.
Is Judge Closkey creating a new law that could affect the lives of up to 2 million home educators in this country? Is Judge Closkey overstepping the carefully defined boundaries of his duties? I understand that there are concerned California citizens calling for Judge Closkey’s resignation. Governor Arnold Schwarzenegger blasted the ruling and rightfully so.
Do you think that Judge Closkey’s personal personal prejudice against the concept of home education has blinded his ability to properly perform his role as an impartial adjudicator of the existing laws? It seems to me that this was a single value judgment made by one guy in a black robe.
Natural Law and basic principles of freedom and self-determination gave me as a parent the right to choose where and how my child will be educated. While we are called to obey the laws of the land, there is nothing that I can see within the constitution that mandates that a California judge’s opinion on what is best for children become the law for everyone. While Judge Croskey is entitled to express his opinion and to choose how he educates his children, it is not within his job description to dictate how to educate mine. Unless there is a proven violation of a child’s health and safety as described in the laws preventing child neglect and abuse, this Judge is misguided in forcing parents to choose government school.
The reasons I believe that this Court’s ruling should be vigorously opposed and appealed are:
There is absolutely NOTHING in the constitution that dictates how I raise/educate my child regarding any aspect of their child rearing. Personal and family privacy is protected, including the right to privacy about the decisions and rationale for how I raise my child. The state has failed in its mission to educate children (the United States ranks lowest of most countries on testing). One judge’s biases and misinformed opinions cannot create law. Judges are to uphold only the laws that the legislators (representatives of the PEOPLE) pass.
For my good friend 007, this case would receive a blown out of proportion alert; however, this case is now law and must be challenged. This is yet another case of government over reach. Is there anyone that believes homeschooling choice should be criminalized? If this case doesn’t send chills down your spine about how dangerous government interference in our lives is becoming then you need to ask yourself why this is acceptable. In my view, this case is a serious threat to our parental rights and responsibilities.
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Gato got runned over by Marcus many moons ago. Be ye daft, 2486? 
Let's have a new poll, alright, Joe?
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Mike, what was the case that led to the ruling? I’m thinking it was not a case of John Doe vs ShopMart, it had something to do with schooling (so it was not a ruling out of left field).
I have a daughter who homeschools my grandchildren in AZ. They are very smart and capable and they test above their grade level.
That being said, I also know first hand that homeschooling can be a big joke, that the child may not even have basic instruction, but the parent claims that right to homeschool them. I personally know a child who was removed from junior high school in Idaho and never did another lick of schoolwork, ever. Idaho has no standards to adhere to, you can tell them you’re homeschooling and no one ever checks in on you or the child ever again, with regards to education. Even though it’s supposed to be mandatory that they go to school from the ages of 6-15.
So I’d be for homeschooling, as long as the child can pass the same kinds of tests that the public/private school children take on an annual basis (to show that the child isn’t losing out). Besides, as you pointed out that the US does so poorly compared to the rest of the world, that piece should be a breeze!
I believe in the rights of parents in many areas, but I also believe in the right of society to ensure at least a minimally educated populace, so the children have some basic knowledge to help them grow up to be productive members of society and (hopefully) not a drain on our tax resources.
I will be interested to see where this goes. There has to be more to the story, and this sure isn’t done, yet. (I’m thinking you’re worried about the slippery slope effect…and that’s possible. But that really started long ago and will never end.)
Good article, you should consider buying this site!
Here’s a link for more info about this case:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/12/BAJ5VILOF.DTL
“On Tuesday, state Superintendent of Public Instruction Jack O’Connell said the state’s current policy allowing families to homeschool would continue despite the ruling.
“Every child in our state has a legal right to get an education, and I want every child to get an education that will prepare them for success in college and the world of work in the challenging global economy,” he said in a statement.
He said he hoped every family would choose a public school to do that, but acknowledged not all have or would.
“Parents still have the right to homeschool in our state,” O’Connell said, adding that he based his opinion on legal advice from state lawyers.”
I knew Mr. O’Connell when he was Representative for my district. He’s a real straight shooter & very dedicated to the California school systems.
Here’s our Governator’s response to this case:
“On Friday, Gov. Arnold Schwarzenegger called the ruling outrageous, saying if the courts didn’t overturn the ruling, elected officials would legislatively change the laws.”
I think this one judge will find he’s mostly out on his own on this one, even though the children involved with this case were definitely being neglected & abused. We here in California will have to work out a solution for this, as I personally know of other homeschooled children who are not receiving a proper education.
The key part of this appears to be the judge placing way too much faith in educator credentials. I’m a certified Idaho teacher, and have taught in Idaho classrooms, and I can tell you teacher credentials is a meaningless indicator to the quality of an educator. Bring on the teachers to debate me on that. 8^)
I disagree with homeschooling in general, but I would not outlaw it. I had a student who was mostly home-taught, but attended two classes at school for which his parents recognized they could not provide the same level of rigor (a PE class and my computer class). I think that kind of mix is best for homeschool students.
Another issue is standardized testing. Don’t homeschool students have to pass the same annual standardized tests? Are those tests proctored at home or at a school? If students consistently fail those tests, are they barred from continuing homeschool education? Those are valid concerns and criticisms of homeschooling, but they are not enough to issue a blanket condemnation of homeschooling.
Joe, no debate on the quality issue. Just as with any job, certified or not, there are good quality workers and poor quality workers.
And in Idaho there is NO, I repeat NO, monitoring at all for homeschooled students. Once you tell the school district that you are taking your child out to homeschool them, the school district absolutely and positively lets you go.
No one calls, no one writes, no one checks in, no one tries to get some standardized testing scheduled, **no**one**cares anymore.
Maybe it’s because once the child is gone, the tax dollars go, too? So focus on those you still have with you?
I also don’t mind homeschooling in the least, as long as there’s some requirement to bring the child in for standardized testing to verify they are at least within a certain percentage of their (would be) classmates. And if they’re not, then they need to have the ability to be homeschooled revoked.
What about those kids who won’t be able to meet the requirements, because they are ‘resource room’ students, anyway? I’m torn on this one, I’m sure someone with far more brains than I have could come up with something reasonable to use as a standard.
I couldn’t say how many Idaho children are removed from public school and not educated properly, but I do know they’re out there.
So much for no child left behind!
I remember watching a “wife swap” show a couple years ago, the wife did home schooling. The new husband was not too keen on the idea, but he let her try it. The first day he asked his kid how it went, and the kid said it was a joke. He did two math problems and played video games all day. The dad sent his kid back to school the next day, and the new “wife” spent all day playing with dolls as if they were her kids in the home. It seemed she was more concerned about keeping company for herself than with providing a quality home education.
I agree parents should have the right to homeschool their kids if they want, but so many are not qualified to teach and have some sort of personal beef about the school system in general (rather than doing it for the best interest of the child).
This is what I have observed first hand in Idaho:
1. There are no homeschooling laws or rules in Idaho. It’s a free for all, parents can do what they want, teach as little or as much as they want. Nobody checks or regulates them. The State says it’s up to each district to create guidelines, but I don’t know of any who do. Both groups often ignore each other. I know of parents who were high school dropouts, hate the school system, who are incapable of teaching past a 5th grade level but claim it’s their right. True, but….
2. Since It is up to each school district to enact regulations about homeschooling, complaints were supposed to go to the school board. What did they do? Throw their arms in the air and say they hand no control. True, but…..
3. Parents either purchase their own curriculum or borrow textbooks from schools. It is difficult for the uneducated parents to know what to do and where to go. So, they borrow textbooks and teach straight from the books, that is, if they understood the lesson! The kids I saw with the most problems entered back into high school severely short in English, Math and Science skills when it got too hard for the parent to teach at home. Most were sorely lacking in social skills and eventually ended up dropping out.
4. Many districts do not require they do standardized testing, or even identify themselves for that matter. Some say the child has to take at least one standardized test per year if they want to participate in high school sports.
5. I know of one community where a group of local homeschoolers were found to be breaking in to businesses early in the morning, even mid-day. Police, school could not do a thing about the fact they were unsupervised running around town during daylight hours. They were lucky if they got an hour of schooling a day. Their parents? – unemployed, collected state assistance, heavy smokers, house a disgusting pit, you get the point. And no one could do anything about it. But it’s their right….
In other words, without laws, the unqualified parents are allowed to perform a tragic disservice to their own children. Other parents do a great job and their kids really excel, with or without laws. Tough call.
I just thought I’d point out that if one is a strict interpretor of the Constitution, then there is no such thing as a right to privacy – that it was in fact established through the Supreme Court case Griswold v Connecticut not all that long ago.
It was established in a way that many would and do claim is judicial activism.
Moreover, the idea that we have a Constitutional right to raise our children as we see fit is also an example of what many would deem judicial activism.
Just thought I’d point out that there are times when the courts help us citizens establish rights we’ve always just assumed we had.
good points, summondice. What we assume are our rights today may have been established by judicial activism in the past? Well said.
Oh, yes btw…I checked out your site, and I recognize that standard writer’s filler text from the website on your unfinished pages…Lorem ipsum dolor sit amet etc etc…
Wow. I knew someone who also used the filler from that site, she said it was a habit for technical writers, very useful. Must be a true story!
summondice……I fail to see the connection between a right to privacy and home schooling. Could you please elaborate more so I can understand your linkage? Thanks.
I can and will – once I’m at work (in a bit of a rush at the moment)
I’ll elaborate more, but it was this phrase (right below mention of the Const) that initially caught my attention on the topic, “Personal and family privacy is protected, including the right to privacy about the decisions and rationale for how I raise my child”
Joe,
About the “wife swap” show – you have to stop and think about what kind of homeschooling parent would be willing to participate in that show. I was on a forum of homeschooling parents when the question came up asking for volunteers to participate in the show. I wanted nothing to do with it – I was much too busy homeschooling my children and taking care of my home and family to waste my time doing anything that foolish. And the same held true for everyone else on the forum I was on – no one wanted to be involved in it because we were all busy homeschooling.
At the same time, you have to recognize that the homeschooling mom on that show was dealing with a child who was thinking, “Wooohooo – I get a week off school with this ‘homeschooling’ mom!” Trying to convince a child with that attitude to buckle down and do any real work would have been difficult. In addition, homeschooling depends on the relationship between parent and child(ren). This mom would have had NO relationship – no knowledge of the child; no ability to fit a curriculum to the child; no time to develop academic, emotional and social goals; no permanent attachment to the child; no investment in how the child turns out in the end. She had all the weaknesses of homeschooling, with few of the strengths.
So what kind of homeschooling mom would volunteer for an assignment like this? Not me – and not any homeschooler I know (and I know several hundred, IRL and online)! I’m guessing the show had to settle for the best they could get – and she probably was a poor example.
Nemesis,
I’m fine with requiring standardized testing for homeschoolers. However, if the consequence of not measuring up to the standard is that the child must be put in school, then the standard must be set at the lowest average score achieved by any public school in the state.
Colorado has a law like this. The requirement is that a homeschooled student must achieve at least the 13th percentile overall on any standardized achievement test. Why 13th percentile? Because there is a school in Denver where the average score on a standardized test (at the time the law was passed) was 13th percentile. A homeschooling parent whose child scored at the 45th percentile, who then sent their child to that school, would probably see their student lose ground.
In addition, because homeschooling is often a last resort for parents of special ed students who are not getting what they need in school, and because some students do fine in school but freeze up on tests, there should be some provision for a different method of evaluation. Colorado’s law also provides that parents may choose to have their child evaluated by any of a number of professionals, including a certified teacher or a professional counselor. If the evaluator says the child is making adequate progress for his or her ability, the family may continue to homeschool. This allows children with disabilities, and those who take tests poorly, to be evaluated fairly.
In addition, standardized testing ought not to begin before third grade, because there is too much variation in the age at which children learn to read and write well. Also, testing ought not to be required every year. Yearly testing results in homeschools facing the same kinds of problems public schools face in teaching to the test. Parents could be required to test yearly for two years, and then (once they’ve established themselves as reliable educators) not at all, or only every other year, or whatever. Or they could be required to test every other year, as Colorado requires.
Is there still potential for misuse? Of course – there will always be those who find ways to “work the system,” no matter what the system is (including the public school system). But these precautions would deal with the realities of the situation as far as testing is concerned. Unfortunately, many legislators (and much of the general public as well) believe throwing a standardized test at a child and requiring they achieve at least average scores is a perfect solution. But that ignores what is really going on and subjects homeschoolers, whose very strength is in their ability to tailor education to the individual child, to the same broken mold that isn’t working in the public schools.
Deanna in CO, thanks for your comments, and I agree with most of what you are saying.
I’m not sure I’d agree with testing to the lowest achiever, because homeschooling is not about matching the worst schools in the state, it’s supposed to be a -better- education than the public school system can give. So I’d probably set the standard for at least a cut above the middle ground, even if the homeschoolers thought that was unfair as a result. And of course factor in the special needs children with an appropriate standard.
But you have good suggestions. And any standard of measurement to ensure those homeschooled children are truly not left behind, is better than what Idaho has going today.
Nemesis, I disagree with you statement that homeschooling is supposed to be “better than” traditional schooling. I think it’s about it being different. Maybe I don’t want so much focus on sex ed or other touchy-feely topics rather than the basics. Just different. My dog could school “better” than public school, in many cases.
Having said that, my children were not home-schooled in the traditional sense. They attended public school. They had many wonderful teachers. They also had duds that made it necessary for me to “home school” my children every night. For example, we had a teacher in 6th grade who was teaching an english topic incorrectly. So of course, my child was getting poor scores as I reviewed the homework every night and had the child correct the paper, which then failed. i tried to tell this teacher she was doing it wrong, which she denied. I went to the principal who didn’t care. I went over to the the high school and junior high, grabbed the english teachers who made copies out of their textbooks on the correct way to do this subject (prepositional phrases) for me to take back to the 6th grade teacher. These teachers were rather pissed off as they had been experiencing problems for years with students coming into their classes doing the subject the wrong way and having to be untaught and retaught. I need to say I was very polite, but firm, in how I handled the 6th grade teacher. Her response? “If you can teach it better than me, then I suggest you do it.” So, I did. I prepared written assignments, sent them to the school and surprisingly, she allowed the students to do the worksheets I prepared.
My point? Isn’t that homeschooling too? Why are we putting so much energy into homeschooling issues instead of changing the standards of the public schools so that homeschooling is no longer the desirable method?
On a side note. I knew a parent who homeschooled through high school. Wonderful mom. Wonderful son. Really super neat family all around. Problem? When the boy went off to college, he committed suicide less than 6 weeks in, leaving behind a note that he did not know how to cope any more with the social problems he encountered as a result of the lack of socialization during his school years nor how to accept instruction from teachers besides his mom. This mom will never forgive herself. I don’t approve of the judge’s ruling exactly, but I agree with him that there are other issues besides the three r’s involved in schooling such as socialization, learning to accept authority from more than just mom and dad, how to think through a problem without mama standing right there, etc.
Nice to know the Courts are now playing the role of psychologist and social appointment calendar coordinator. They seem to be subject matter experts though….they begin to infest every slice of life. That is the point that is objectionable to me. If you read the judges ruling NO WHERE in his opinion does he cite the fact that a better education can be had in public school. The decision revolved around the fact that the mom had 8 kids, one of the kids was allegedly abused (which was never proven). The judge reasoned that if the kids were in school an adult or other responsible member of the school staff could see the abuse, i.e. bruises, and report the abuse to the appropriate authorities for action. Family Services supported this solution as well.
So, we have Social Services and a Court taking an allegation of abuse that was never proven as the basis to criminalize home schooling. Even if the abuse were proven, this shotgun approach that touches every family is patently ridiculous and an extreme over-reaction. The next line we will be hearing is that because kids can get killed at home in an accident they should be housed in locations, away from family, in secure settings were they cannot harm themselves. Or what happens if a child has terminal cancer and wants to die at home with friends and family close by…..will the state determine that the child has to stay in the hospital to be properly cared for? Watch and wait….it will happen if we let these bureaucrats and judges run our lives.
Nemesis,
While I agree with you that homeschooling is supposed to be better than public schooling, is it really right to therefore hold homeschoolers to a higher standard than the public schools? Again, what is the consequence of a homeschooler failing to achieve the required score on a standardized test? If the consequence is that the child must be put in school, then the homeschooler cannot be held to a standard any higher than the lowest public school in which the child might be enrolled. Because if the public school in city “x” can only get their children to an average of 13%, for example, then a homeschooling parent who is getting their child to an average of 40% IS giving their child a MUCH better education than the public school.
Do you see what I’m saying here? I’m not talking about fairness; I’m talking about the standards by which we judge the public school and the home school. Why would a home school be judged with so much higher standards than a public school? After all, the public school is taking in public money in huge amounts (in Colorado, one of the lower states in terms of public school funding, the amount is over $6,000 per student), while the home school is costing the state nothing. I would think the public school is the one that should be held to the higher standard.
Of course, one would hope that a home school would indeed provide a better education than the public school (and in fact, the studies show that to be the case in almost all home schools). But as long as they are providing an equal education with the public school, why shouldn’t they be allowed to continue to educate their children as they wish?
Deana in Co #17…touche! You really make a great argument and I think I understand your point of view…
Here is my rationale…I was thinking, to ‘win’ the right to homeschool based on getting a better education, they had to show they truly were having an educational advantage.
If they only match the school’s academic criteria, the homeschooled child is now at a disadvantage, in my opinion.
I believe that the public school experience is invaluable for a child because it teaches society’s approach to dealing with a multitude of different kinds of people. In most cases, it’s the non-educational aspect of schooling that prepares the child for how to compete in a college or work setting. It’s the civilizing part, the life isn’t always fair part, the sometimes you’re an anonymous creature in a sea of superstars part, plus how to handle all your different teachers or bosses part that makes public schooling necessary for our children.
If you’re schooled at home, and you excel, and you’re off to college or a job, now what? You’re used to being the star, you’re used to being so much smarter than others, and you’re used to being the center of attention with one boss to answer to…and then college or the workforce hits you like a ton of bricks when your accustomed roles are shattered.
Mike, I see your point, you also expressed it well, that this judge seemed to think public schooling was best because then the child could be on display for others to notice if he/she were being abused. Poppycock. I’m sorry, but I went to public school and was an abused child, and I never once was ‘discovered’ by any adult with whom I came in contact. (Although there were many times I prayed someone would notice/rescue me.)
Of course, maybe that was because back then, before our nation turned all touchy-feely in the 70s, the right to abuse your child was a God-given right.
Nemesis,
You said,
“In most cases, it’s the non-educational aspect of schooling that prepares the child for how to compete in a college or work setting. It’s the civilizing part, the life isn’t always fair part, the sometimes you’re an anonymous creature in a sea of superstars part, plus how to handle all your different teachers or bosses part that makes public schooling necessary for our children.”
I understand what you’re saying, in theory – but in practice, homeschooling kids get a lot of the “non-educational aspect” of schooling. In fact, the results of multiple studies make it painfully obvious that public schooled kids are NOT getting nearly as good an education in the non-academic arena as homeschooled kids are. Studies show adults who were homeschooled are generally happier, are more socially involved, are more likely to vote, and are almost universally gainfully employed.
You mention “the civilizing part” – I’m not sure what you mean by that, but I don’t consider our “Lord of the Flies” classrooms to be a very strong civilizing influence in general. It seems to me kids are much more likely to be civilized when they spend the majority of every day with their families, with parents who love them and care about how they learn to interact with people.
The “life isn’t fair part” of schooling can also be learned at home, as well as from the many social activities most homeschooling kids are involved in. My daughters learn these things from gymnastics, from swim team, from church activities, from the homeschool enrichment program they are involved in every week, from a grandma who prefers one grandchild over another, and from their friends. The difference for homeschooled kids is that those experiences – the ones that teach them that life isn’t always fair – don’t have to interfere with their academic education (well, except of course for “my sister doesn’t have to do as much work as I do!” type issues).
The “sometimes you’re an anonymous creature in a sea of superstars” is also learned from everyday experience – and it also isn’t so overwhelming that it breaks their self-confidence and keeps them from learning. At the same time, you have to admit there are the kids in the public school system who are the “superstars,” who have to learn to deal with their abilities.
The “how to handle all your different teachers or bosses,” in my opinion, is pretty much irreleant in the elementary school years, when most kids have only one teacher anyway. But there are also many ways to gain these skills, and they don’t have to be gained even in high school. Most homeschoolers move seamlessly into college and then into the working world; they are able to make the transitions without much difficulty.
In short, I understand the theory behind your concerns about the non-academic side of education; but the studies don’t bear that out. The majority of homeschooled kids make the transition to college and career far more easily than public schooled kids. Homeschooled kids may have temporary struggles, but so do public schooled kids, and in the end, homeschooled kids almost universally make the transition successfully and end up with happy, successful, socially involved lives.
I just don’t see a basis for requiring homeschoolers to prove they are better than the public school. If they can prove they do as well as the public school academically, it seems to me homeschoolers have earned the benefit of the doubt when it comes to non-academic issues.
Deanna in CO, you are a great debater! You took point by point and gave your dissenting opinions. I am impressed that you are so thorough.
In comment #1 I mentioned that one of my daughters homeschools her children in AZ. The children are great readers, eager learners, they tend to be sociable in almost all settings and they are doing exceptionally well. (And she has six of them, so I personally think she’s a supermom at times).
They participate in science fairs. They also have their dance lessons, gym time, scouts, church activities, and many field trips organized by the local home-schooling association.
But my daughter really is exceptional. I guess it’s possible that most homeschooling parents are also exceptionally capable, and that my fears are not reality for the majority of homeschooled children.
I really do appreciate your comments. I am working on being more openminded on the subject.
Nemesis,
Thank you – both for your kind words and for your willingness to really consider what I’m saying. I’m afraid I find that quality very rare these days.
Maybe part of the reason I’m able to argue fairly eloquently in favor of homeschooling is that I am not only a homeschooling parent with eight years experience, but I was also homeschooled myself for a number of years. I grew up in Latin America, and while I did attend school – private, public, and one-room schoolhouse – I was homeschooled for first grade, sixth grade, and all of high school. I went on to attend a good college, where I was very happy and did well academically, and where I met my husband (to whom I’ve been happily married almost 21 years). I’ve had successful careers as both an administrative assistant and a teacher, and I’ve watched my two daughters mature into happy, healthy, productive young ladies.
I’ve also had the chance to mix with several hundred homeschoolers, both in real life and on the Internet, and I find most of them to be much as you describe your daughter. (Sure, there are some exceptions, but they are rare.)
All of those factors combine to convince me that homeschooling, generally speaking, is at least as good as public schooling, and in many ways better. It’s not hard to argue in favor of something I’ve seen work so successfully for so many (including me!).
Thanks again for considering this issue with an open mind.