I’ve been reading and listening to the fallout of last week’s California state appeals court ruling that stated that parents have no constitutional right in California to teach their own children. Only parents who are certificated teachers will be permitted to homeschool. It’s an astonishing, incredible, jaw-dropping ruling.

For Alaskans who have a very friendly, cooperative relationship with the state when it comes to homeschooling this sounds impossible. Personally, I had a hard time believing this actually happened but it is California and it is true. And one always has to consider the bellwether potential of California trends.

Here’s a brief summary of what has happened:

• The original case was one of child abuse and thus was confidential. In effect, Justice H. Walter Croskey, took the facts of one family’s case and applied his ruling to every family in California. Here is the judge’s ruling.

Parents do not have a constitutional right to home school their children.

• Homeschool legal organizations and parents are mobilized to form a strategy to take on this decision and the state of California. For now their goal is to depublish the ruling, which means it would be made applicable to just the family in the original case and not everyone in the state. Anyone in any state may sign the HSLDA petition here.
• Dr. James Dobson spent an entire Focus on the Family radio program addressing this matter. You can listen to it here. Glenn Beck interviewed Debbie Schwarzer, co-chair Homeschool Association of California on his CNN show. Transcript here.
• Governor Schwarzenegger denounced the ruling:

Parents should not be penalized for acting in the best interests of their children’s education. This outrageous ruling must be overturned by the courts, and if the courts don’t protect parents’ rights then, as elected officials, we will.

• Yesterday, State Superintendent of Public Instruction Jack O’Connell issued a statement saying the state’s policies toward homeschooling will not change.

Looks like the diligence and watchfulness of California homeschool families and their associations is paying off. Those who are elected to political office are better listeners to 200,000 voters than an imperious judge.

So, how does this affect Alaskans? It doesn’t. It is a state issue in California where their legislature has not addressed homeschools and thus there is no statute for homeschoolers to stand on. Homeschool families are treated as private schools. Alaska’s legislature has addressed homeschooling and the legislative intent is very clear.

If you want to keep up with this case I recommend Crimson Wife, a California homeschool mom and blogger.

UPDATE: Hugh Hewitt devoted the third hour of his show to the CA homeschool issue with guests Michael Farris, Erwin Chemerinsky, John Eastman and Brad Dacus. You can find the podcast here.

The LA Times has weighed in opposing the ruling though they do insist that homeschool families must have government oversight so

that children aren’t home all day watching reruns of “The Andy Griffith Show.”

Oh brother, maybe parents also need oversight to ensure they aren’t starving their kids, too. At least they are on the correct side of the ruling.

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