Mariposa Academy Homeschool

Everyone is talking about the case in California. You know the one.

There’s a big brou-ha-ha in the homeschooling world about how California has outlawed homeschooling, has denied that California parents have a constitutional right to homeschool their children, and might soon come after thousands of homeschooling families statewide.

The court’s ruling is not as ominous or revolutionary as some might think. There really isn’t a constitutional right to homeschool in California, nor is there one, as far as I know, in any other state. Homeschooling is not addressed by the state constitution; it is addressed by educational code. And, as a matter of fact, homeschooling really isn’t legal in California. California homeschoolers generally manage by using a loophole and establishing a private school in their homes. California authorities have traditionally looked the other way. Is this a perfect solution? Of course not. Should there be a law in California specifically addressing homeschooling so that parents can legally homeschool their children? Hell yes, and maybe this case will prompt some action in that direction.

Meanwhile, though, if I were in California I would not be panicking. I really doubt that he California government is going to start a giant crackdown on homeschoolers. The state does not have the legal or social services resources to do so. And the schools don’t have the resources to handle a sudden enormous influx of formerly homeschooling students. The case was more about this one particular family than about homeschooling in general. And it was more about abuse than about homeschooling per se. The parents in question have a long history of abuse, and the state is trying to get the children into a situation where they can be readily observed by outsiders, as a condition of the family retaining custody of the kids. Doc has a more detailed analysis on her blog. Really, after reading what the kids in that family have gone through, my reaction is waaay more “Thank God someone is finally helping those poor kids!” than “Oh no, they’re banning homeschooling!”

This entry was posted on Sunday, March 9th, 2008 at 10:09 am and is filed under