California Home Schooling Statute Holds in Court

The California Department of Education has responded to the recent California state court ruling that only certified teachers can home school their children. The Superintendent of Public Instruction Jack O'Connell reassures home schooling parents that state "policy will not change in any way as a result of this ruling" and that "parents still have the right to home school" in California. The decision by the court will likely not be enforced pending appeal to the California Supreme Court.

However, instead of encouraging uncertified parents to disregard the court's ruling, perhaps Governor Arnold Schwarzenegger, who opposes the ruling, should change the statute upon which this ruling was based. The court also cites a previous California decision holding that, while it would be unconstitutional to require children to attend public school, requiring home school parents to have teaching credentials is not.

Nonetheless, home schoolers want the ruling reversed because of its possible precedential value. The best thing these parents can do is to respect the rule of law and urge their legislators to change it.