From Gov. Arnold Schwarzenegger to a home-schooling mom in National City, a court ruling yesterday reaffirming parents' right to educate their own children in California was greeted as a common-sense decision.
“Home schooling is something that a parent should have the right to be able to do,” said Robert Collins, superintendent of the Grossmont Union High School District in East County. “That's a private decision.”
The opinion from the state's 2nd District Court of Appeal reversed the appellate court's February decision that said state law limits home schooling to parents who had earned teaching credentials. Critics assailed that decision as violating a fundamental right of parents to educate their children without state interference.
In March, the court agreed to rehear the case, drawing friend-of-the-court briefs from 16 private organizations and government agencies.
The new opinion said the Legislature has conveyed an implicit right to home school, as currently experienced by an estimated 166,000 children in California.
The ruling noted, however, that California is relatively lax about the outcomes compared with other states. Deep in its 44-page decision, the three-judge panel suggested that the Legislature consider more stringent oversight to ensure children are properly educated in home settings.
Such a flat-out reversal is extremely rare, said Shaun P. Martin, a University of San Diego law professor. But it was “exactly what everyone expected after the uproar” that prompted the court to rehear the case, he said.
In reviewing 105 years of home-school law, Martin said, Justice H. Walter Croskey and his colleagues found “the statute may say one thing, but what everyone does is another – and if the Legislature is OK with that, it should be allowed to continue.”
The new decision carves out a narrow exception for cases involving children who are the subjects of abuse or neglect at home. In those instances, the court said, the state can order children sent to a conventional school to ensure regular contact with someone who will look out for their welfare.
“This is a victory for California's students, parents and education community,” Schwarzenegger said in a statement. “I hope the ruling settles this matter once and for all in California.”
California requires home-school parents to file an affidavit establishing their home as a private school, hire a credentialed tutor or enroll them in an independent studies program run by an established school while teaching them at home.
The court noted that there is little effort in California to follow up, unlike some states that require parents to submit samples of their children's work or even have them take standardized tests.
Mary Beth Ring of National City, who has home-schooled her five children over 19 years, said she tried not to overreact to the February ruling because it stemmed from a case in which parental abuse was an issue. At the time, she recalled, she told fellow home-schoolers: “Mellow out – it's one judge and one situation and it's unique.”
Ring said she does not believe the Legislature needs to ratchet up oversight of home schooling, unless it becomes apparent that the current system “is not working.”
Jeff Ristine: (760) 737-7578; jeff.ristine@uniontrib.com
