homeschooling as criminal activity in California...

From Kristen Kloberdanz with Time...

Parents of the approximately 200,000 home-schooled children in California are reeling from the possibility that they may have to shutter their classrooms — and go back to school themselves — if they want to continue teaching their own kids.

On Feb. 28, Judge H. Walter Croskey of the Second District Court of Appeals in Los Angeles ruled that children ages six to 18 may be taught only by credentialed teachers in public or private schools — or at home by Mom and Dad, but only if they have a teaching degree. Citing state law that goes back to the early 1950s, Croskey declared that "California courts have held that under provisions in the Education Code, parents do not have a constitutional right to home school their children." Furthermore, the judge wrote, if instructors teach without credentials they will be subject to criminal action.

This news raised a furor among home schooling advocates, including government officials. "Every California child deserves a quality education and parents should have the right to decide what's best for their children," Governor Arnold Schwarzenegger said in a statement today. "Parents should not be penalized for acting in the best interests of their children's education. This outrageous ruling must be overturned by the courts and if the courts don't protect parents' rights then, as elected officials, we will."...

And that's probably the way this will go. As crazy as this ruling sounds, it looks like the judges were following and quoting precedent and interpreting existing law. The higher courts may or may not overturn the law. But the legislature will almost certainly take action if the courts don't. The biggest potential political problem: the (powerful) teachers' unions certainly enjoy and profit from this ruling. See below...

For years, the state of California has allowed parents to home school as long as they file papers to create a private school and hire a tutor with credentials or if their child participates in an independent study program through a credentialed school. In evaluating the Long case, however, Judge Croskey found that state law forbade any home schooling that was not taught by a credentialed teacher and that what California had been allowing was, in his judicial opinion, illegal. In 1953, another appellate court ruled against home-schooling parents who didn't want to adhere to California's compulsory education laws, which require kids between six and 18 to attend a credentialed school. The current case is most likely to be appealed to California's Supreme Court....

And more info from the SF Chronicle...

"A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare," [Judge Croskey] wrote, quoting from a 1961 case on a similar issue.The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home....

A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution....

"California courts have held that ... parents do not have a constitutional right to homeschool their children," Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28....

"A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare," the judge wrote, quoting from a 1961 case on a similar issue.

Loyalty to the state...Scary!

The ruling was applauded by a director for the state's largest teachers union.

"We're happy," said Lloyd Porter, who is on the California Teachers Association board of directors. "We always think students should be taught by credentialed teachers, no matter what the setting."

Surprise! Unions favor restrictions in competition for the services they sell. It's interesting that I am credentialed to teach 18-year old college freshmen, but am not credentialed to teach 18-year old high school seniors.

Here's how this case started...

The Long family legal battle didn't start out as a test case on the validity of homeschooling. It was a child welfare case....

The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential.

A juvenile court judge looking into one child's complaint of mistreatment by Philip Long found that the children were being poorly educated but refused to order two of the children, ages 7 and 9, to be enrolled in a full-time school....

The parents said they also enrolled their children in Sunland Christian School, a private religious academy in Sylmar (Los Angeles County), which considers the Long children part of its independent study program and visits the home about four times a year.

The appeals court told the juvenile court judge to require the parents to comply with the law by enrolling their children in a school, but excluded the Sunland Christian School from enrolling the children because that institution "was willing to participate in the deprivation of the children's right to a legal education."...

To view the ruling by the Second District Court of Appeal, go to links.sfgate.com/ZCQR.