By Congressman Joe Pitts

On February 28, a California court of appeals issued a ruling in a juvenile court proceeding that made almost all forms of home schooling in California a violation of state law.  The court concluded that “persons between the ages of 6 and 18 must be in a public full-time day school,” while providing exceptions only for “private full-time day school” or those “instructed by a tutor who holds a valid state teaching credential for the grade being taught.”
 
Most distressingly, the court’s ruling makes the claim that parents possess no constitutional right to home school their children.  This means a California judge has told parents in California that the state knows how to raise and educate their children better than the parents themselves do.  The ruling provides for criminal sanctions for parents who do not comply—criminal sanctions for wanting to teach their children in their own home.  I find this deeply disturbing.

According to the Home School Legal Defense Association, over 200,000 children are home schooled in California.  This ruling would make California the only state in the nation that restricts the ability of parents to decide on home schooling their own children.
 
Californian children must pass state run education competency tests, whether they attend public schools, private schools, or class in their living rooms with their parents.  There can be no claim that this ruling was based on the need for educational uniformity or standards.  This is simply an extreme case of the nanny-state imposing draconian requirements on the parents of California, taking away their rights in the process.

The United States has a long and storied history of providing public education that is available to all.  This government service has always been provided with the understanding that strong democracies necessarily require an educated population.  This is a worthy goal.  However, a public school education may not always meet the desires of all parents or all students.

Some parents choose to home school their children because of the quality of the tutorial teaching model, which has been shown to be highly effective.  Some parents teach their children at home to help a student that is behind the curve catch up to the age appropriate grade level, while other parents choose to teach their children at home in order to nurture and develop special gifts and talents.  Some parents choose to educate their children at home because they want to use the opportunity to instill religious beliefs or family values.  And, unfortunately, some parents choose home schooling when a public school is not living up to the high standards they expect for their child.
 
All of these are legitimate reasons for parents to decide education at home is the best option for their family.

The education of our nation’s children is important for the strength of our democracy.  I have always been an advocate of strong public schools, dating back to my time as a high school math and science teacher.  We have many great public schools in Pennsylvania and the 16th Congressional District, specifically.  However, just as public schools represent the best choice for many families, home schooling represents the best choice for other families.  And this is a choice that most states provide.
 
There is a high probability the California Supreme Court will overrule this misguided decision.  However, the case still stands as a disturbing attempt by activist judges to insert the state into what should be primarily a family decision. 
            
I worked with home school families during my time in the Pennsylvania State House, and I have been supportive of legislation to protect home school families during my time in Congress, as well.  I believe parents know what is best for their children, not the government.  I hope the California courts remedy this situation.  Parents throughout the United States have the right to identify the best educational option for their child in their particular situation.  No government at any level should be intruding on that decision.

Congressman Joe Pitts represents the 16^th Congressional District of Pennsylvania.

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