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Justice H. Walter Croskey found that parents do not have a constitutional right to homeschool their children. "Parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order to complete a parent education and counseling program."

The only way parents may now legally homeschool in CA is if the teaching parent has a valid teaching credential or hires a tutor with a valid teaching credential.

This is a somewhat messy case, as it originated from several reports of physical and emotional abuse by the father against two or more of his eight children.  All eight of the children were enrolled in an independent-study program, and homeschooled by the mother, who doesn't even have a high school diploma.  Through  Children and Family Services, two of the children were assigned an attorney, who asked the court to rule that the children must be enrolled in a public or private school.  The lower court denied that ruling, and the attorney appealed the ruling.  The appeals court made the findings reported above.

The news reports have been casting homeschoolers as primarily fundamentalist Christians.  Most of the homeschoolers I know do it because their public school doesn't fit their children's needs (gifted, 2e, or heavily involved in music or sport, etc.)

Read more at the LA Times

I wonder what effect this will have on private schools who hire non-credentialed teachers

Tags:  homeschooling, legal

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Parent Comments on "California Homeschooling Ruling: Teaching Credential Required "

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josefsberg
josefsberg October 17, 2009
Re: California Homeschooling Ruling: Teaching Credential Required
The appelate judges reversed the ruling so homeschooling is legal and parents are not required to be credentialed. Thanks to the 60+ lawyers representing the 100,000+ CA homeschoolers, pro bono! I urge all homeschoolers to join a state wide homeschool organization to be on top of the legislation where you membership dues help support your basic parental rights to choice of education.
Jsillymom
Jsillymom June 27, 2008
Re: California Homeschooling Ruling: Teaching Credential Required
It is being reheard now. Not that they will come up with a ruling right now but it's being reheard to see what will come next. It's a process.
oceanwaves
oceanwaves June 27, 2008
Re: California Homeschooling Ruling: Teaching Credential Required
I thought this ruling was going to be appealed?
Jsillymom
Jsillymom June 27, 2008
Re: California Homeschooling Ruling: Teaching Credential Required
No only have homeschoolers won spelling bee's and geography bee's but for those states that do require standardized test of homeschoolers have scored higher than their public school peers. Now I am not saying all public schools are bad. I am saying though that homeschooling has proved in many different areas that it does work. Collages now are actively excepting and looking for homeschool students.

Does homeschooling always work? No not always but then again neither does any other form of education. So I really hope California doesn't make it illegal to homeschool without credentials.
lisaedit
lisaedit June 23, 2008
Re: California Homeschooling Ruling: Teaching Credential Required
This issue is headed back to court today. It will be interesting to see if the court sways in favor of homeschoolers given that Gov. Schwarzenegger and State Superintendent O'Connell are in favor of allowing parents to homeschool. The evidence in my mind is clearly in favor of homeschoolers given that many have shown fantastic results for their kids--national spelling bee winners and admission to college.
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