This is really incredible, an attack on parental rights.
Homeschoolers' setback sends shock waves through state
A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution.
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"California courts have held that ... parents do not have a constitutional right to homeschool their children," Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. "Parents have a legal duty to see to their children's schooling under the provisions of these laws."
Parents can be criminally prosecuted for failing to comply, Croskey said.
"A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare," the judge wrote, quoting from a 1961 case on a similar issue.
But the school unions love the ruling -
"We're happy," said Lloyd Porter, who is on the California Teachers Association board of directors. "We always think students should be taught by credentialed teachers, no matter what the setting."
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"With this case law, anyone in California who is homeschooling without a teaching credential is subject to prosecution for truancy violation, which could require community service, heavy fines and possibly removal of their children under allegations of educational neglect," Dacus said.
Parents say they choose homeschooling for a variety of reasons, from religious beliefs to disillusionment with the local public schools.
Homeschooling parent Debbie Schwarzer of Los Altos said she's ready for a fight.
Schwarzer runs Oak Hill Academy out of her Santa Clara County home. It is a state-registered private school with two students, she said, noting they are her own children, ages 10 and 12. She does not have a teaching credential, but she does have a law degree.
"I'm kind of hoping some truancy officer shows up on my doorstep," she said. "I'm ready. I have damn good arguments."
She opted to teach her children at home to better meet their needs.
The ruling, Schwarzer said, "stinks."
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