This is a matter that is still under discussion in the courts and should not be seen as a final decision. Any questions about this issue should be referred to the Home School Legal Defense Association (HSLDA). 

 The literacy rate in the early 1800s with mostly "non-credentialed" parent-teachers and a few, what were then, Christian colleges was about 95%.  Today, through an ungodly and inept public school system, that literacy rate is below 50%.  And, this incredibly arrogant,  anti-family and anti-private education judge, will go down in the annals of stupidity for this overbearing and unconstituional ruling.

 If there is no constitutional right to home school children, please find me where in the constitution there is a right of the government to require a public school or "credentialed" teacher education for children.

What do you mean "Parents do not have a constitutional right to home school their children" ? We have a "judge" who obviously lacks  good judgement.  Is he telling us that we not longer have the right to "life, liberty and pursuit of happiness"? Does he know that  our schools are over crowded and underfunded?  There are predators, child molesters, gang bangers and  bullies on our campuses. 

I choose to home school my daughter. I choose to protect her. I choose to remove her from the filth. I am her mother, and that is my responsibility.

There is an alternative to homeschooling with the parent as a primary teacher.  Check out

It's the best program I've ever been involved in.

 WillWinn, where'd you get those numbers?   I went to check them and the first thing I got was 20 percent illiteracy in 1860 and roughly 1percent now.  http://nces.ed.gov/naal/lit...

I think that putting conditions on home schooling is probably unlawful and certainly a bad idea.  Being a credentialed teacher is no guarentee that anyone is actually a good teacher.  Further, every parent home-schools their kids until they are in pre-school or kindergarten and even if kids are enrolled in schools, they still get home schooling..

Some kids who are home schooled end up as bright, articulate and well educated members of society and some end up as poorly adjusted idiots.  Same as in public schools.

 It's difficult to comment on this article because there are so many gaps in the story.  Who is the plaintiff in the original lawsuit?  What different circumstances, if any, led to a lawsuit being filed?  Is this a truancy case?  The AP story didn't follow the 5 "W"s here.

The California Education Code has always required some level of credentialed support in homeschooling, but provides a mulitple ways in which this can be done (independent study, tutors, etc.) I didn't think the system was broken, personally.

If the judge is ruling that the parents didn't meet the criteria to qualify for the exemption, then too bad for them.  In the past, this has come up when parents do not instruct their children in the "several branches of study required to be taught in the public schools of this state and in the English language" often because they teach "science" according to the Bible.  IF the judge is ruling that existing California Education Code exemptions are somehow invalid, THEN I really do have a problem with this case. 

 My mom taught me reading/writing/arithmatic in the back seat of a car as we traveled from Canada all over the US with my step-dad who was an insurance salesman!  I did go to a school for a couple of months in Danville Ill. when I was six but then wasn't in a school again until I was 7.  When I did get to a public school I was even steven with the other 2nd graders and actually ahead of them in some things!!

My daughter (who is 42 now) could read/write her name/knew her numbers, ABC's & colours by age 2 as I sat and played with her with educational toys and there was NO TV!  I put her in Little Red Schoolhouse when I had to go back to work and within a couple of months she was speaking French & Spanish and had been bumped up to the 3 yr old level.  She now has 3 degrees!!! She is at present a stay at home mom w/2 boys

 dreagan, thanks for the additional info.

I found this article from the LA Times that gives a bit more background about the story.  Apparently, the eldest of the eight children contacted the Department of Children and Family Services claiming that the parents were mistreating them.  The state got involved to defend at least three of the children.  The allegations included child abuse and an extremely poor level of education being provided, among other things.

http://wwwwakeupamericans-s...

I don't know a lot about the issue but it sure looks like Dreagan is 100% correct, that there are established standards in the state education code for homeschooling and that the family didn't meet those standards.  My guess is that the family claimed that it had a Constitutional right to homeschool that superceded the standards and that the court ruled that this was not the case.

 The California Education Code does not have any regulations governing home education. The words "home education" and "home school" are not found any where in the code.

This family was homeschooling under the supervision of Sunland Christian School, a private school in California. According the code, private schools do not have to be credentialed - classroom teachers nor independent study teachers. (Ed Code sections 48222, 48415, and 33190)

This ruling is not final at this time, and will be appealed. So, at this moment, it is not - nor has it ever been - illegal for non-credentialed people to teach children in private school situations.

 Here is the opinion of the Court of Appeal of the State of California, Second Appellate District, Division Three in Los Angeles County.

Correct skstewart, my wording in my previous post was poor.  The Department of Education outlines the 4 options that are available for parents who don't want to send their children to public schools.  Option A is a tutor who is credentialed, which is what was referenced by the court and has been highlighted by the press. 

Option B is the private school option.  EC 48222 does require that private school instruction be provided by "persons capable of teaching" - skstewart do you know what that standard means?  I couldn't find a good explanation of it.  I looked at a couple of different districts and the best that I could find was that "persons capable of teaching" isn't formally defined in the legislature but needed to be similar in quality to being credentialed.  That's probably what the appeal is going to have to deal with. 

It looks like the appeal might have some problems winning that the family should be evaluted using the private school B option rather than the tutor A option.  The family needs to provide proof that the private school maintained an attendance log (also EC 48222), which means that the children would actually need to attend Sunland Christian.  The news articles make it clear that the children were instructed at home by their mother, rather than their being taught by private school officials - the times article said that the kids only occasionally took tests at the school. The court said this meant that they didn't meet the private school standard. "It is clear that the education of the children at their home, whatever the quality of that education, does not qualify for the private full-time day school or credentialed tutor exemptions from compulsory education in a public full-time day school" (pp11-12).

This is a really interesting case, the husband and I have considered homeschooling as an option over the years; if anyone can recommend more sites for information, i'd really appreciate them.       

 Home schooling looks more and more like a great option to produce more narrow-minded, bigoted, ignorant, global-warming-denying "intelligent design" believing Republicans. It should be abolished for the good of the country.

 Freecognate:  My daughter takes classes from California Virtual Academiy.  You can check out their website at www.caliva.org.  It is not a traditional homeschool program, it it acutally considered a public school.  They set my daughter up with a computer, books and they provide the coursework like a traditional school would.  The bonus is that they have interactive courses.  We love it. because she can take the time to focus on the more challenging courses, unlike a traditional school where she was told "if you can't get it in a 1 hour class period, then I can't help you."  When she started she was doing 7th grade math now she's taking HS geometry . 

 FreeCognate - There is no definition of "capable of teaching." It has been deliberately kept vague so as to not overburden private schools with regulations that were thought to conflict with First Amendment issues.

You can get information on homeschooling in California from www.cheaofca.org, www.hsc.org, and www.chn.org. All state homeschooling organizations who are working together on this issue.

And, NOONEISABOVETHELAW --- This Liberatarian granny who taught three chidlren at home beginning in 1981 takes offense to your statement. So do my bi-racial grandchildren.

 Traceofanangel and skstewart - thank you both for the links, I will definitely check them out.

 I have a couple of remarks to some of the comments made here:  First of all, I do not feel you can blame the "ungodly and inept school systems" for the poor literacy rates when everything the schools do is mandated by the state and federal governments.  Also children do not come to school "READY" to learn.  They are not getting enough sleep, fed a nutritious breakfast, being read to at home, getting help with homework, etc, which now all of these circumstances are for the schools and teachers to deal with on top of TRYING to teach the state standards.  Also if "every parent did home school" their children up until pre-school or kindergarten, children would begin school with the knowledge they need to do well and succeed.  Schools would not be failing and under such harsh scrutiny by others.  I do believe parents should have the right to choose to home-school their children, but it does need to be monitored and they need to be held accountable for the same standards as public schools.

 There was an interesting Super Nanny where two high school aged girls were left at home to babysit their younger siblings under the guise that the teens were being home schooled.   The girls were left alone until 6 or 7 o'clock at night with several babies under 4 to tend to.  I don't know the State they lived in, but I can see why some legislators want to make sure that kids who are being home schooled are actually being taught ... especially older ones.

 Interestingly, the decision appears to have the least concern for the quality of  education the children receive, with the focus being assurance that the government has contact with all children and the ongoing ability of the state to monitor who a family chooses to associate with. 

I'm sure there will be some who will dismiss me as an aluminum-hat wearer, but look closely at the 3 listed concerns:

1) socialization.  First, is school about an education, or a social club?  Studies have repeatedly shown that home-schooled children, on average, participate in multiple activities that are of a social nature (sports teams, church groups, home-school groups, boy/girl scouts/etc.)  Interestingly, home schooled kids have won a number of national competitions that would be "extra curricular" activities for the public school kids (Mock Trial, Math Olympiad).

2)  The school can't intervene if there is a "problem."  Are we talking about the same interventions that have routinely returned children to truly dangerous settings? How many stories have been in the news about children being seriously injured or killed by being placed back in homes with parents who couldn't care less about the child?  Has the Florida child welfare service ever figured out where the little girl they "lost" went?   Are we referring to the system that repeatedly re-defines "appropriate" parenting?  The same people who can diagnose medical problems and recommend treatments without certification to practice medicine (ADD/ADHD)?  The same people who "protect" girls who are the victims of statutory rape by assisting them in obtaining surgical abortions without notifying the parent? 

3)  Concerns for the "cloistered" world view of the parents.  Essentially, this is overt hostility to certain religious beliefs and practices along with a world-view that is in any form of opposition to left-leaning politics.  For years conservatives have been accused of being closed minded because they have failed to actively embrace multi-cultural ism, pro-gay agendas, and secular humanism.  Now we see a judge attempting to force all to fall in lock step, or failing to force the parents to accept the left -agenda the parent MUST turn their child over to the state to be properly schooled in overtly obscene sex-education, gay-rights, Islamic studies, blame-America-first history, and what ever else strike the "professionals'" fancy.

It has been said there is nothing new under the sun.  How true it is!  In the late '30s, a country you may have heard of worked to change their society through the "proper education" of the children.  Isn't it interesting how Germany defined a "proper education!"  This country's founding documents assure us Life, Liberty and the Pursuit of Happiness.  We are also guaranteed an express right to Freedom of Association, which inherently includes the right to NOT associate as we choose.  Most important is the notion that our government was to be limited in scope.  Only the powers expressly given to it were to be exercised, with the balance reserved to us, the People.  Americans need to wake up and see that our "public servants" have become our masters, and we are being reduced to slaves of the intellectual elites who honestly believe that they know what's best for us.  May God help us all!

Hutchtina- Why do i have the distinct feeling you are a public school teacher?  If parents are supposed to school their children until they are school age, "to make them ready", when exactly do parents become unqualified to teach?

I forget to mention while I was on my earlier soap-box, studies have shown that even where children are homeschooled by parents who DO NOT have a high school diploma the test scores are higher than those schooled by the "professionals."  I also note that what is most important for the powers-that-be is that the parent be signed off as having been put through the proper indoctrination of the left-leaning education department before being blessed with a credential.  A parent can have a Phd, a JD, an MD or plain ole Masters degree and need not apply to teach their own children without the blessing of an education department program....pretty funny, eh?

 Huchtina - I believe that you are missing the point.  Parents who choose home school have HIGHER standards that our public schools.

Although, I am asking myself, if this homeschooling issue was raised from an allegation of abuse, are we missing a piece of the puzzle?

The premise that just any parent would be a great teacher of their children is at best highly flawed.

While a select few parents might qualify as competent teachers, many or even most others would not pass muster under a variety of educational and other criteria.

The fact is, as most professional educators would attest, the "education" that many parents provide their children is often downright damaging to a child's mental and educational well being.

Hutchtina has barely touched on the issue of terribly poor parenting which professional teachers, counselors and school administrators deal with daily.

There are many reasons why school psychologists have huge caseloads, much of which are the result of poor home environments.

Every home does not constitute a proper classroom and every parent a proper teacher. 

That basic mandated standards of education must be met whether a child is enrolled in public or private school or instructed at home, makes good sense.

That teachers, whether professional or parent surrogates, should meet minimum educational and other criteria also makes good sense.

A parent's guardianship of a child should not automatically grant license to provide substandard care or education.

Fortunately, home schooling is generally done under the supervision of qualified educators with students regularly tested for general academic achievement levels and works rather well for most students.

But the case in question which spurred the controversial ruling appears to have arisen from an abuse complaint lodged on behalf of a child and siblings and initiated by Child Protective Services, another of many possible examples of obviously poor parenting by guardians feeling they have the right to do whatever they want with their children in defiance of child protective laws.

 TraceofanAngel-  Yes, we are missing a piece of the puzzle from this article.  Apparently when CPS couldn't substantiate the abuse claim they turned to "investigating" the homeschooling aspect.  The busy-body social workers got "advocates" appointed on behalf of the children, despite the originall file being closed.  Typical, if you can't prove one problem then dig until there is another for you solve stuff. 

The 1st judge the "advocates" (which I find hysterical that the state has decided that it is proper for them to step in and represent children against their parents in this type of a cae- BTW, if anyone is interested Hillary Clinton was one of the original proponents of this idea...look it up) took the case to basically told the state to butt-out.  Still not satisfied, the "advocates", spending more tax dollars to solve the problem of a closed case, took it to the appellate level.  TA-DA!  A judge who found that parents don't really have the rights they thought they did.  Or, to put it another way, the children REALLY belong to the state....the parents only think the children belong to them because the state has permitted them to make decisions up to now and clearly that was an error that needs correcting.

 I can see the CTA's fingerprints all over this one.

 Saberhagen- ....and there is more than ample test data to show that the "highly qualified" credentialed teachers aren't producing much as far as "educated" children.  Literacy rates are abysmal, colleges have to provide remedial instruction just to hit what used to be basic skills expected in a high school graduate.

The saddest part of your post is the reference to how what parents teach children is primarily damaging!  I wonder if arrogance is a better word?  Somehow people that were supposed to be working for parents, based on authority given to local school boards, have decided that the parents are impediments.  If there is a problem, it can't be the latest pedigolocial experiment the educrats are pushing, it must be those nasty parents!  If the parents have a different value system than the elites who have decided that secular humanism is best, the eco causes are a religion and that homosexuality is preferable to being a "breeder", than the best option is to prevent the parents from having input...no thought what-so-ever is given to the notion that maybe its the SCHOOLS that are out of step!

Lastly, for years we have heard about how the schools need to be all things because  some parents are uninvolved, don't care, etc.  Now that the educrats power base is assured they feel confident in taking on the MOST involved, concerned and caring parents.  Of course, its all done "for the children."  Good citizens such as yourself need to protect kids from the people who love and care about them but will expose them  to dangerous ideas like Jesus died for them; an intact and heterosexual family is goal to strive for and is worth working for; that they are not animals incapable of controlling their sexual urges; that there is such a thing as objective truth; right and wrong exist, as does evil; that they should master skills that permit them to reason and think , so as not to be lead around by their nose by people who will use them for their own political agendas....real radical stuff, eh?

 I like many other parents choose homeschooling for religious reasons. I guess I should say that I have yet to homeschool because my daughter is only 7 months. I have looked into curriculums for the future so that I am informed. I think that we as parents do have a constitutional right to chose what we feel is best for OUR child. I for one was raised in a Christian school and went to a Baptist University. I want my child(ren) to have all sides of life taught to them.

      My child also attends CALIFORNIA VIRTUAL ACADAMY. I am by far not capable of homeschooling, but at the request of his doctors I am willing to do it. And although according to the superintendent of schools the district has no code on homeschooling, the  Superintendent's office is who sent me to 2 different charters, both with accredited teachers that would work with my son's hospital stays and ill days. If is was not for homeschooling he would be behind in grades. Parents have many different reasons for homeschooling.

Mickeyfan says: "The saddest part of your post is the reference to how what parents teach children is primarily damaging!  I wonder if arrogance is a better word?"

I'm not quite sure how my comments became construed as arrogant.

It seems you have strong opinions on the matter of education which seem to say that all parents are good teachers. Further, it appears you may have taken my remarks quite personally.

Perhaps you are a great parent/teacher, but that in no way supports the contention that all parents are as qualified and wonderful as you may be.

Can you elaborate?

I'm sorry, but whether you accept the fact or not, there really are some poor parents who inflict much educational, social and psychological damage upon their children.

"Somehow people that were supposed to be working for parents, based on authority given to local school boards, have decided that the parents are impediments"

It's always been my understanding that school boards work for best interest of the children. Judging from your screed decrying the lack of religious teaching in schools, presence of evil, acceptance of sex including homosexuality in schools, it appears you take issue with schools' commitment toward that basic mission.

"If there is a problem, it can't be the latest pedigolocial experiment the educrats are pushing, it must be those nasty parents!"

Pedigolocial???

You got me with that one. Please explain?

 I agree with this. If anyone does not , just watch JAY LENO when he does his JAYWALKING. He asks people simple questions and some of them are teachers. These people are walking vegetables.

        & nbsp;       &n bsp;       &nb sp;       &nbs p;     Jeff

 Ok Mickeyfan..As I said I DO believe parents should have the right to home school their children.  However, there needs to be some sort of accountability to ensure the child is in an environment that is conducive for that child to learn.  If you do not believe that some parents would "home school" their children simply to avoid school personnel that is required to report to child protective services if something is suspicious, than you are sadly mistaken.  I am by no means saying that is what most homeschoolers are doing, but you have to know that it does happen.  As traceofanangel said..."there are predators, child molesters, gang bangers and  bullies..." out there, but they are not just on school campuses, some of them are in children's homes and that is a scary thing if no one is monitoring them. Also, not all parents are educating their children until they are school age and these may be the parents that should not home school in the later years.  Many parents do not have conversations with their young children, play games with their children, read them bedtime stories, etc.  Not all parents do the things that you and I do and have done for our children.  Therefore, these children enter Kindergarten with no language skills, no problem solving skills, not knowing the letters of the alphabet, or letter sounds, not recognizing their name, or numbers, some do not even know the basic colors and shapes!  This makes a teachers job much more difficult and is more common than one may think and that may be a wonderful reason in itself for someone to home school their child.  I do not feel you must have a teaching credential to home school effectively; all I am saying is that you cannot place the blame entirely on the school system.  I support your choice to home school your child, but I am also proud to say that I am a part-time public school teacher.  I choose to teach part-time so that I can "home school" my 3 year old to ensure that she will succeed when she begins school. 

 I have home schooled my 4 children for the last seven years. I am not credentialed. I am succeeding (judging by my daughter's SAT scores and the number of major universities she has been accepted to-we're waiting on the big one-USC-we'll have our answer by April 1 on that school). I fully support the right to home school using any curriculum that complies with state educational standards, religious or not. In our case the public school district where I live completely failed my children. (One was actually removed from school while he was in kindergarten by the superintendent to avoid the district having to provide special education requirements.We were not provided with any alternative education options by that school district.)  However, I do agree that there should absolutely be oversight of all home schooled children. Believe it or not, standardized testing isn't legally required by the state for any school, public or private. (Funding and accreditation can be predicated on the percentage of children tested however). I also know that standardized testing doesn't suit every child.  There are many options to ensure children are actually receiving an adequate education. One option- Valley Oaks Charter School     (a parent choice based home school) has resource teachers, enrichment classes, etc. 

Again, I am a believer in oversight. I do , however, think the courts should confine this case to THE family charged with THE crime. I believe there are already laws in place to handle individual cases of educational neglect.

 TomW, I'm sorry that I have taken this long to respond to your question about "where" my statistics.  Please check this web page http://www.mykidsdeservebet... which reviews "Public Schools, Public Menace" by Joel Turtel, a syndicated columnist and education policy analyst.