I do not think that homeschooling will be outlawed either. But as long as there is a law requiring children attend a school (compulsory attendance law) and not a law allowing homeschooling as an option, homeschoolers in California will always be at risk of something like this happening – as individuals or as a group.

I understand the reluctance to have a specific homeschooling law – believe me! We are highly regulated here. But I would also be reluctant to let it just stay technically not legal.

I don’t see why they don’t just codify the process that is already being used, without adding more regulation.

Well, I do know why, but that is another lengthy discussion.

The judge in the lower court found a constitutional right to homeschool, which would be a change in the interpretation of the law. The judge in the appeals court found that a family teaching it’s own children does not constitute a school, that children are not legally attending a school unless they go there and learn in classrooms, and that the mother in question was acting as a tutor to her children and thus needed a teaching credential. This decision eliminates all small unaccredited private schools unless they can show that the teacher is unrelated to the students. It eliminates all distance learning programs of all sorts, and calls into question apprenticeships as well. And it declares that a parent helping their own child constitutes a hired tutor, which could be interpreted as meaning a parent needs a credential to help their kid with homework. It is unenforceable and can’t stand.

The matter has gone to the state Supreme Court. It will take time, but homeschooling isn’t going to be outlawed in CA. Worst case is that the legislature writes a homeschooling law, which will probably mean more regulation than they have now.