Home Schooling vs. Judicial Activism

Certifying Parents
March 22, 2008

In the annals of judicial imperialism, we have arrived at a strange new chapter. A California court ruled this month that parents cannot "home school" their children without government certification. No teaching credential, no teaching. Parents "do not have a constitutional right to home school their children," wrote California appellate Justice Walter Croskey.

The 166,000 families in the state that now choose to educate their children at home must be stunned. But at least one political lobby likes the ruling. "We're happy," the California Teachers Association's Lloyd Porter told the San Francisco Chronicle. He says the union believes all students should be taught only by "credentialed" teachers, who will in due course belong to unions.

California law requires children between six and 18 to attend a full-time day school. Failure to comply means falling afoul of the state's truancy laws, which say kids can't play hooky without an excuse. But kids who are taught at home are less likely to be truants. Their parents choose to spend their time teaching English, math and science precisely because they don't think the public schools do a good enough job.

The case was initiated by the Los Angeles Department of Children and Family Services after a home-schooled child reportedly complained of physical abuse by his father. A lawyer assigned to two of the family's eight children invoked the truancy law to get the children enrolled in a public school and away from their parents. So a single case of parental abuse is being used to promote the registration of all parents who crack a book for their kids. If this strikes some readers as a tad East German, we know how you feel.

That so many families turn to home schooling is a market solution to a market failure -- namely the dismal performance of the local education monopoly. According to the Home School Legal Defense Association, the majority of states have low to moderate levels of regulation for home schools, an environment that has allowed the option to flourish, especially in the South and Western U.S. Between 1999 and 2003, the rate of home-schooling increased by 29%.

For some parents, the motive for home schooling is religious; others want to protect their kids from gangs and drugs. But the most-cited reason is to ensure a good education. Home-schooled students are routinely high performers on standardized academic tests, beating their public school peers on average by as much as 30 percentile points, regardless of subject. They perform well on tests like the SAT -- and colleges actively recruit them both for their high scores and the diversity they bring to campus.

In 1994, a federal attempt to require certification of parent-teachers went down in flames as hundreds of thousands of calls lit up phone banks on Capitol Hill. The movement has since only grown larger and better organized, now conservatively estimated at well over a million nationwide. But what they can't accomplish legislatively, unions are now trying to achieve by diktat from the courts.

If John McCain wants an issue to endear him to cultural conservatives, this would be it. Hillary Clinton and Barack Obama rarely stray from the preferences of the teachers unions, but we'd like to know whether they really favor the certification of parents who dare to believe they know best how to teach their children.

Wall Street Journal Online
http://online.wsj.com/article/SB120614130694756089.html

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Posted March 25, 2008 11:14 AM
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