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HOME SCHOOLING AND
THE LAW
by Terri L. White
The 1980's ushered in
an awareness with believers that all was not well with our government schools. Cautiously,
families began to band together to form private academies or strike out on their own into
the home schooling frontier. Today, possibly one million children are being educated at
home, in addition to the thousands of private schools training our children. The early
years were burdened with government harassment and court cases, but home and private
schools are currently legal in every state.
Laws, however, vary from
state to state. In Texas, home schoolers enjoy the freedom to educate their children
without any government regulation. Classified as private schools, they are minimally
required to teach reading, spelling, grammar, math, and a course in good citizenship.
Other states, though, may mandate annual testing, registration, text book approval,
teacher certification, or even weekly "check-ups" with an assigned teacher from
the local government school. Because these regulations vary from state to state, it is
wise to become familiar with one’s state laws while investigating the possibility of
home schooling. The National
Center for Home Education (National
Center for Home Education, One Patrick Henry Circle, Purcellville, VA 20132, Ph
- 540 338 7600)
catalogs the current legal status for home schooling in every state, along with
contacts for local support groups, and can provide you with pertinent information upon
request.
Besides being familiar
with the local laws, an understanding of your constitutional rights as a parent is
imperative. According to John Whitehead, the constitutional attorney and founder of the
Rutherford Institute, the right of parents to control the education of their children is
protected by numerous provisions of the United States Constitution, including free
exercise of religion, free speech, family privacy, and parental liberty, and has been
consistently recognized by the courts.
In the landmark case of Wisconsin v. Yoder (1972),
the United States Supreme Court stated: The history and culture
of Western civilization reflect a strong tradition of parental concern for the nurture and
upbringing of their children. This primary role in the upbringing of their children is now
established beyond debate as an enduring American tradition.
In Pierce v.
Society of Sisters (1925), the Supreme Court said: The child is not the
mere creature of the state; those who nurture him and direct his destiny have the right,
coupled with the high duty, to recognize and prepare him for additional obligations.
Parents must be accorded reasonable choice and discretion in respect of teachers,
curriculum and textbooks ruled People v. Levison (1950).
Although home education is
legal nationwide, most home schooling families are opposed to the government regulation
common in so many states. You may wonder why. Shouldn’t there be state guidelines and
standards to insure that every child receives a thorough education? If standards are not
"double standards," home educators will agree that standards can be helpful,
although not necessary as mandates. Those who promote standards, however, usually want
some kind of testing with a minimum performance required. If the level of performance is
not met, then the home schooler would be forced to attend the government school. The
problem with this approach is that it is not applied to the students attending the
government schools. Perhaps if those in public schools who fell below the minimum standard
would be required to home school, we would have a "standard" and not a
"double standard." You may chuckle, but it does make the point about the double
standard!
A common fallacy about
state regulation is that whenever the government controls something, it leads to a quality
product. With the public school being one of the most regulated institutions in our
nation, it is also the one with the most problems. Studies show no difference between the
test scores of home schoolers in unregulated states and those of home educated students in
states with extreme regulation. There is no evidence that proves that government control
leads to quality education. In fact, there may be evidence to the contrary.
Most home schooling
families enjoy the peaceful benefits of our constitutional rights. Others, however,
have been traumatized by intimidating school officials who overextend their jurisdiction
in attempts to coerce families to comply with regulations that go beyond the law.
Knowledge is power; it dispels fear. Parents that familiarize themselves with their
constitutional rights and state laws can avoid the pitfalls of yielding to overbearing
government employees, who either do not know the law or who hold malintent towards home
schoolers. Because home education is rapidly becoming an alternative for
religious and secular families alike, most government officials are recognizing that we
are here to stay. Today, many government representatives are encouraged by the success of
home schooling and want to understand more about it. As home schooling parents, we have
the opportunity to pave the way for less government regulation for the future generations
by standing firm in our constitutional rights and by educating our representatives.
LEGAL ASSISTANCE:
HOME SCHOOL LEGAL DEFENSE ASSOCIATION, P.O. Box
3000, Purcellville, VA 20134, 540-338-5600
RUTHERFORD INSTITUTE, Box 7482, Charlottesville, VA
22906
THE AMERICAN CENTER FOR LAW AND JUSTICE P.O. Box 8100,
Virginia Beach, VA 23450-8100
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