Religion & Law

More on the California homeschooling decision

By Rick Garnett

Several of us blogged, a few weeks ago, about the decision of a California state court involving homeschooling.  Over at "On the Square", Joe Knippenberg has this detailed post and update.  A taste:

In the end, there?s no good substitute for a law that explicitly acknowledges and civilizes the right of parents to educate their children at home, subjecting homeschooling to reasonable regulation to see that children are prepared for productive lives as citizens. I have no doubt that the vast majority of homeschooling families could produce results that are more than satisfactory.

I also have no doubt that a law generally providing for homeschooling?religious or secular?is preferable to an arrangement that requires judges or educational administrators to examine a family?s religious beliefs in an effort to determine whether they justify a free-exercise exemption from compulsory attendance laws. More than anything else, we don?t want access to legal rights or privileges dependent upon a secular official?s theological or doctrinal determinations. That sounds too much like establishment.

My advice to California homeschoolers is to return to the first principles of republican self-government. That means recurring first to the politically responsible branches and above all to the legislature. Make the case for amending California?s compulsory education law to accommodate the rapid growth?in the state and across the nation?of homeschooling. Build coalitions. In the face of likely opposition from teachers? unions, it won?t be easy. But think of it as a lesson in active and responsible citizenship. Your kids will appreciate it.

Full post as published by Mirror of Justice on March 19, 2008 (boomark / email).