Does court ruling mean trouble for California homeschoolers?
This statement was issued by Governor Arnold Schwarzenegger regarding the recent Second District Court of Appeals ruling.
This California court case decision has definitely created a buzz in the homeschool world. The decision goes against everything I believe and I sincerely hope it is overturned by the Supreme Court. But does this case mean trouble for California homeschoolers? I am confident that it does not.
In California, we legally homeschool if we file an affidavit establishing ourselves as a private school or sign up under an umbrella school or an ISP (Independent Study Program). This court case seems to jeopardize that. But we have lots of support in California and there are four well-established organizations joining together to work on this issue.
Every homeschooler I run into asks me about this case. One homeschool group sent a notice to their members stating that everything will be okay, another sent a notice stating that at this time homeschooling in California is illegal. It is best if everyone remains calm, doesn't overreact and supports the recommendations by the groups that are working on the case.
It does seem odd to me that so much emphasis was put on why this family wants to homeschool their children. I don't think that should matter. I believe that parents should have the right to homeschool their children even without all the religious and moral issues involved. We have the right to choose the best method of educating our children. What do you think?
Homeschooling is legal in all 50 states, let's keep it that way.

Comments
I am very concerned with this going on in Cal. I homeschool my daughter as opposed to sending her into the public system. Don’t get me wrong, she was there. I pulled her out last year with less than half a year to go due to some problems we were running into with the SYSTEM. She is now in the 5th grade, and is just now learning to read, with my help. The system told me that they didn’t have the man power to work one on one with her. You would have to understand the whole situation to get a grasp on what we have been dealing with for the last 6 yrs. with this school. My child is classified and mentally impaired. I did not find that out until my child was in the 3rd grade. I was always told she was just slower than the other children. Even her doctors told me nothing. Imagine my shock, when during an IEP meeting, the school psycologist blurted out that my child was classified as RETARDED! I broke down and cried. I feel I have done more good for her in the short amount of time I have had her at home with me than the system has done with her in the 6 yrs. they have had her.
The school do not have the responsibility to to educate our children. We as parents delegate that responsibility to to schools, state certified teachers, tutors, coaches etc.
As parents, we responsible for the education of my children. We have the choice. When we fail to educate and raise our children, then and only then, should the state government step in.
Sincerely,
Joseph Arriola
As an observer with first hand contact with homeschooled families, there is a underlying militant attitude toward traditional schooling, without exception. It is very difficult to teach my child that like it or not, we must learn to operate within structure. So, he sees grown ups make excuses for their refusal to work within the established system (right or wrong, good or bad), and says we should do the same. It’s not a reality of life.
Very frustrating. And without exception, every homeschooled child’s personality I’ve come in contact with is odd, like they are not allowed to show emotion, or have fun. It’s a huge concern to me.
Homeschooled parents should have training, that’s all the state is asking for. The un-regulated nature of this very important area of child raising has gone on long enough.
For Janine-
When is the last time you met a homeschooler who was addicted to drugs? A member of a gang? Pregnant at 15? Or do you think that these are not problems with our society? Do you think it a coincidence that these issues are rampant at public schools? Some of the brilliant minds of our country’s past were either homeschooled or self-taught, and yet you say without exception, homeschoolers are all odd, stifled, and socially retarded. That speaks volumes about your lack of experience, contrary to your statements about “first-hand contact”. Your concerns sound like the same tired, baseless worries that my mother encountered when she started homeschooling her children 23 years ago. Somehow, without any state-approved credentials or financial help, she managed to raise four children with successful marriages, jobs that pay in excess of $100K a year, and children of their own that are bright and well-liked. Must have been a miracle! Sorry, homeschooling did not alleviate my sarcasm.
We homeschooled our last child who is 22 and an Honors’ Student in college. She has always made A’s, is bright, attractive and intelligent. She “knows” what she wants to do w/her life – no drugs, etc..We basically “lost” our other 2 kids in middle school before homeschooling was acceptable. Good luck…
For Janine;
Janine I have one child who attends public school (I will be homeschooling her in Sept.) and one I currently homeschool in the fifth grade. I took him out of public school in October of this year because of bullying (though my childis well liked there was one situation bordering on physical violence) and concerns surrounding his teacher.
When I began to homeschool my son who was a b-c student I was appalled to discoverhe could not do basic academic things. He always did his homework and while he had issues with reading he had finally caught on to that with much help at home.
My fifth grader could not multiply or divide could not write a complete sentence and had no idea what history and geography were. This was not because he was “below average” but simply the school had not taught it. Not only that upon going through marked work that came home with him on his last day I found exercises that were marked as “very good” that were 90% wrong.
On the topic of homeschool personalities… You certainly need a wake up call. My children function very well. My son is very active in Karate and my daughter is a competitive gymnast. We attend the Anglican Church and while I am studying to be a priest and the kids attend youth group they also attend summer camps, we have taken train trips across the country and they stillhave sleepovers and playdates with their public schooled peers.
Add all of this to our homeschooled networks and friends and my children are some of the happiest well adjusted kids you will ever find eager to learn, they enjoy working at camp and being campers.
Next time you make a generalization please make sure you get the facts. Not all homeschooling families are harming their children. My son can now function at a grade six level after only 6 months at home. So I have made the best choice for him and will continue to do so despite comments from people like you. After all that is what being a parent is all about, being willing to sacrifice everything for your child.
After reading all of these comments I was in ah. My child is being home schooled through the school. That means that he has a teacher come in the afternoons for 1 hour a day. not enough. I give him my own schooling in the mornings for 3 hours and act like the teacher is a tutor. He was just diagnosed with epilepsy and the pricipal said he couldn’t come back until he was under control. well eith epilepsy what is under control. Now his 1st grade teacher said that he is so behind that he is pre K level. I had him tested by a 2nd grade teacher and behind yes pre-k no.
As a grandmother of the early home education movement in North America, naturally I was concerned about the recent court ruling in California which basically criminalized about 200,000 home schooling parents lacking teaching credentials. Hopefully, if it is not overturned by the Supreme Court, Governor Schwarzenegger has promised legislative remedy: “Parents should not be penalized for acting in the best interests of their children’s education.”
I am very impressed by the extent and depth of feeling and outrage expressed by supporters of home education. But, I am disappointed at the hostility and shallowness of those who are opposed, either out of self-interest (teacher unions) or basic intolerance. (Just Google California home schooling ruling…)
It is because this case even came up in 2008, and because the hostility and threat can be reasserted at any time, that I would like you to read my publication of 1987 which was useful in two ways: 1) to encourage home educators, and 2) to put the education establishment on notice about the legality and imperatives driving this movement. In the article I quote John Holt as saying:
“Today freedom has different enemies. It must be fought for in different ways. It will take very different qualities of mind and heart to save it.”
The article is referenced frequently, the latest in the Fraser Institute update: Home Education: from the Extreme to the Mainstream — http://www.fraserinstitute.org/commerce.web/newsrelease.aspx?nID=4933
My history in home education goes back to 1972 when, after being credentialed from a Teachers College, I traveled with my children to Mexico to study under Ivan Illich of deschooling fame.
There I met with John Holt. He knew I had two young children with me, ages 3 and 5, and asked if I would be enrolling them in school soon. I said I might educate them at home.
He thought this was illegal, but I said I found from my readings at Teachers College that the “otherwise” clause in most Education Acts allowed it.
He then commented that at least I would be qualified to do it, having obtained a teaching certificate. Again, I enlightened him with the fact that this was not a requirement.
He then posed the thoughtful but predictable question about socialization, and we chatted about the various community opportunities available and the negative aspects of socialization that parents wanted to avoid.
His parting comment was: “Smart City!”
Using his mailing list which he had used to encourage education reform, he soon embraced home education and in 1977 started a new publication, “Growing Without Schooling.
Meanwhile, Dr. Raymond Moore was spreading the word (The Family Report) amongst his mainly Christian audience and paid frequent visits to Vancouver, especially when we held Home Learning Fairs.
You can download the 5 page article: Home Education: the third option from the Canadian School Executive, & see concerns of 20 years ago reappearing today……
http://www.theschoolsweneed.com/forums/ubbthreads.php/ubb/showflat/Number/543/Main/543/#Post543
Wow all I can say is I have been homeschooling for two years now and my kids are so happy to be out of the public school..I have meet many homeschool familys and thier children are Very bright,happy,and helpful..If thats Odd then thats how I want my Children to be..I know how the majority public school kids are,and thats one reason I took mine out..I praise God for Odd Kids,thats what this world needs.I’am so tired of the artificial people,give me the pure and simple anyday..God Bless all…I pray for Janine and all that are so closed minded to people being different…
While I agree with much of what is being said, I must point out that generalizations cannot be made about kids with either kind of schooling. I have met and interacted with hundreds of public school kids that are healthy happy and kind, alongside those who make the bad choices. And Janine is right that there are home schooled children who become socially awkward because of it, though there is of course the huge amount of kids who have greatly benefited from home school. So please, whichever your opinion, don’t generalize.
I am somewhere in between the two ideas. I agree that some children need individual attention, and that there are some horrible public school systems. But I also quite agree that not all parents can give their children the education a school would. I also must have it acknowledged that children need a certain degree of freedom from their parents and social interaction with a variety of kids around their age.
So I would not support the complete ban of home schooling. But I think it must be guaranteed that those who home school their children get the help necessary to allow them to keep their children at the right level of education. And those who home school must make sure to also expose their children to activities such as sports, music or camps, so that the children make friends and obtain social skills and awareness.