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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 2, 2008 / 26 Adar II 5768

Threat to homeschooling

By John Stossel


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http://www.JewishWorldReview.com | 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.


Admittedly, the education code is vague. It requires children to attend public school or a private school (where certified teachers are not required). But they can also be taught by state-credentialed tutors. Homeschooling is not directly addressed. There's disagreement over what that means. The court and the teachers' union claim homeschooling is illegal unless the teaching parent has state credentials.


Homeschooling parents, many of whom have declared their homes private schools, say what they do is legal. Up till now that's been fine with the California Department of Education. And California reportedly has 166,000 homeschoolers.


Nationwide, the National Center for Education Statistics says that in 2003 (the latest year for which it has a number), almost 1.1 million children were being homeschooled. The numbers keep increasing, so clearly homeschooling parents think their kids get something better at home than they would from public schools.


The Los Angeles Times isn't sure where the state law stands. "If no such right [to homeschool] exists, as a court ruled, the Legislature should make it an option," the newspaper's editorial board said. The editorial wondered why parents who teach one or two children at home need credentials, while private-school teachers in classes full of kids don't.


The danger in having the legislature clarify the law is that the legislature is controlled by politicians sympathetic to the teachers' union, which despises homeschooling. "[H]ome-schoolers fear that any attempt to protect home-schooling would end up outlawing it," writes Orange County Register columnist Steven Greenhut.


It reminds me of what New York Judge Gideon Tucker said in the Nineteenth Century, "No man's life, liberty, or property are safe while the legislature is in session."


This particular case is muddied by suspicions of child abuse, but as the Times said, the court improperly "used a single example of possible child abuse to throw the book at tens of thousands of home schoolers."


I think the state court is looking at the state Constitution upside down. The court finds no constitutional right to homeschool one's children. But in a free country, people are free to do anything not expressly prohibited by law. If the Constitution is silent about homeschooling, then the right is reserved to the people. That's how the Framers of the U.S. Constitution said things are supposed to work.


Last week, the appellate court surprised everyone by agreeing to rehear the case. The San Francisco Chronicle reports that the judges "hinted at a re-evaluation of its entire Feb. 28 ruling by inviting written arguments from state and local education officials and teachers' unions".


On top of that, state Schools Superintendent Jack O'Connell says he thinks homeschooling is legal and favors choice in education.


That's reasonable news. But why is education the business of government? It's taken for granted that the state is every child's ultimate parent, but there's no justification for that in a free society. Parents may not be perfect — some are pretty bad — but a cold, faceless bureaucracy is no better.


Let's hope the court gets it right in June.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JUST OUT FROM STOSSEL
Myths, Lies and Downright Stupidity: Get Out the Shovel --- Why Everything You Know Is Wrong  

Stossel mines his 20/20 segments for often engaging challenges to conventional wisdom, presenting a series of "myths" and then deploying an investigative journalism shovel to unearth "truth." This results in snappy debunkings of alarmism, witch-hunts, satanic ritual abuse prosecutions and marketing hokum like the irradiated-foods panic, homeopathic medicine and the notion that bottled water beats tap. Stossel's libertarian convictions make him particularly fond of exposes of government waste and regulatory fiascoes. Sales help fund JWR.



JWR contributor John Stossel is co-anchor of ABC News' "20/20." To comment, please click here.


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