Oh boy has a judge in California opened Pandora’s Box with his ruling that home schooling in California is illegal. This should be fun. Someone should check under his bi-polar hood.
The judge is using a 1953 law that states all teachers must be certified. That is all fine and dandy but home schooling in California has come a long way since then, from a hand full to 166,000. As long as the home schoolers, or as I like to call them, parents who really care about their kids and show it, don’t take any state money they are well within their rights. If you can find any means by which a public education is mandatory in California and a mandatory government educational complex scheme passes constitutional muster – good luck.
CALIFORNIA CONSTITUTION SEC.
5. The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.
SEC. 8. No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools ; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State.
If, as the judge says, all teachers have to be “certified,” then by all means, the home school crowd in California should offer certificates to each other, because “the exclusive control of the public schools” means California government schools are subjects of the California Board of Education run by this fella:
SEC. 2. A Superintendent of Public Instruction shall be elected by the qualified electors of the State at each gubernatorial election. The Superintendent of Public Instruction shall enter upon the duties of the office on the first Monday after the first day of January next succeeding each gubernatorial election. No Superintendent of Public Instruction may serve more than 2 terms.
And as we all know, the public school system in California started out with well meaning and lofty intentions found here:
SECTION 1. A general diffusion of knowledge and intelligence (except judges?) being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.
By now we should all have come to the conclusion government education is little more than a wasteland run by political hacks, propped up by biased judges. The one saving grace was parents willing to make sure their children were not left behind. And as the California Constitution clearly says education by "all suitable means" is "essential to the preservation of the rights and liberties of the people".
I have not checked yet but I HOPE this is an elected judge.