Parade, the nationally distributed Sunday magazine, has reported what the nation’s print and broadcast mews media have ignored for reasons that are a great mystery. The report is that a California state appeals court has ruled that “unless parents have recognized teaching credentials, they must send their children to school.”
In effect, the court has declared that home schooling is illegal! Only a California court could have come up with such an outlandish ruling. If the court’s ruling is sustained by higher courts in California or in other states, it would send shock waves throughout America and undoubtedly bring demands for legislatures to slap the hands of such courts.
Parents and political officials in California have raised such a wave of outrage that the offending court has indicated it will rehear the case some time this month, June. When it does, I hope it will listen to the tremendous criticism the ruling has evoked from the public, particularly from the parents who are home-schooling their children.
It’s been estimated that at least 2,000,000 children nationwide are being home-schooled — and that they are learning at a much faster pace than the children at public and private schools. Ironically, California, with 166,000 children being home-schooled, leads the list in the number of youngsters being taught by their parents.
The judge, whom Parade did not identify for good reason, referred to a California state education law in commenting that “parents do not have a constitutional right to home-school their children.” Obviously, all states had better take a more critical look at their education laws if they are going to forestall the national outrage over the California decision.
According to Parade,
“only six states have strict regulations for home-schooling, usually requiring parents to have their curriculum approved, to show test scores, and, in some places, to submit to home visits. Fourteen states, including California, mandate only that parents notify the state of their decision to home-school.”
What right does the California judge — or any judge in any state, for that matter — have to state that parents have no right, constitutional or otherwise, to school their children at home, instead of sending them out to a public or private school? However, I will agree that all state legislatures have a responsibility to see to it that all children are being schooled, whether at home or in a public or private school.
It is probable that the public-school lobby, which is one of the most powerful lobbies in the land, is cheering the California judge’s far-out pronouncement. That doesn’t make it right. Arguing strongly against the judge’s decision is the fact that children who are home=schooled have done much better in higher education than have children trained in public and private schools.
That should be the determining factor in this case. If Congress had any backbone and an understanding that people’s private rights should be guaranteed, it would adopt legislation supporting a family’s right to home-school its children and to legitimize the home-school movement across the land.
How does that old refrain go about “a man’s home being his castle” and that it is his private domain? That says it all.

