Threat to Homeschooling

By John Stossel

The cat is finally out of the bag. A California appellate court, ruling that parents have no constitutional right to homeschool their children, pinned its decision on this ominous quotation from a 47-year-old case,

"A primary purpose of the educational system is to train schoolchildren in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare."

There you have it; a primary purpose of government schools is to train schoolchildren "in loyalty to the state." Somehow that protects "the public welfare" more than allowing parents to homeschool their children, even though homeschooled kids routinely outperform government-schooled kids academically. [In 2006, homeschooled students had an average ACT composite score of 22.4. The national average was 21.1.]

Justice H. Walter Croskey said, "California courts have held that under provisions in the Education Code, parents do not have a constitutional right to homeschool their children," Justice Croskey said. If that is the law in California, then Charles Dickens's Mr. Bumble is right: "the law is a ass, a idiot."

The California Constitution says, "A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement."

That doesn't appear to rule out homeschooling, unless you read it as a grant of absolute power to politicians...

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