Home Schooling Ruled Illegal

- 2nd District Court of Appeals: February 28, 2008

Facts
L.A. Department of Children and Family Services alleged that Phillip and Mary Long abused one of their children while home-schooling their children. The children was registered at and monitored by the Sunland Christian School. The attorneys of DCFS requested a juvenile court to require two of their children attend school outside the home, but the lower court rejected the claim saying parents have constitutional right to teach their children. The attorneys brought this case to the appeals court.

Issue Do parents have constitutional right to home school their children? Should it be illegal for parents to teach their children without credential?

Rule California Constitution; Wisconsin v. Yoder (1972) - Amish family case

Analysis
(1) Parents do not have a constitutional right to home school their children, and teaching without crediential will be considered as a crime.
(2) Such education in arrangement with the Sunland school was loose and inappropriate because the school "was willing to participate in the deprivation of the children's right to a legal education."
(3) Long and Mary cannot claim that they home-schooled their children for religious reasons, unlike 1972 Amish family case.

Conclusion The court overturned the lower court's ruling. Social workers welcome the ruling as they can scrutinize home-schooled children for abuse and mistreatment. Governor Schwarzeneger and home-school advocates denounce the ruling and propose a bill to protect parents' right to home-school their children.

Sources

• Home schooling takes a hit in Calif. By Heather Terwilliger and Greg Toppo, USA TODAY - March 9, 2008.
• Home-schooling ruling could affect thousands By Maureen Magee, San Diego Union Tribune -March 7, 2008
• Criminalizing Home Schoolers By KRISTIN KLOBERDANZ/MODESTO, TIME - March 7, 2008
• Court: Credential Needed to Home School By The Associated Press - Mar 7, 2008