Ms. West, who is a faculty member at Georgetown Law, replied quite promptly to my response to her journal article. She informed me that her study of home education is part of a larger project she is working on and said she would look into some of the sources I provided her. She acknowledged that Texas did not fit in her alleged pattern of criminalization of home education, but still asserted that the basic pattern remained. I poked around a bit, educated myself on the history of home education in other states and discovered that she is still wrong. I’ve addressed that in my next response to her below. And I’m not the only one who thinks so, as you will see. She, then assured me that she actually knows real life home educators and has a “quite positive perception” of homeschooling. How this is possible when her article stated she believes we are either all conservative Christian extremists living under tarps in parking lots or over-educated (how can someone be over educated, by the way?) bored rich housewives, is beyond me, but that’s what she says. She went on to push her case for heavy regulation of homeschoolers to ensure the protection of an unknown number of potentially abused children. She also clearly feels that the education of a child is primarily a government responsibility and not a parental one.
Needless to say, I was incapable of leaving this alone. Especially after she left the door open for me by inviting me to keep the conversation going if I would like to. I would. And I did.
This has been fascinating for me to look into and I actually highly recommend other homeschooling parents do, as well. You come to appreciate the tradition of home education in the best interests of your children when you know the history of how we got where we are, nationwide. Plus, as I told, Ms. West, this will make a fantastic jumping off point for an outstanding civics study at some point and time for my own children.
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Ms. West,
I am extremely curious about this larger project you are working on. Would you care to elaborate on it at all? Is the focus the justification of strict regulation of home educating families based on the concerns alleged in your UMD piece or a different slant to researching the home educating population in the United States?
I’d like to continue discussing three main issues right now. Two directly address large sections of your original article and some of your response to me. The third is an issue that I feel passionately about that clearly colors my opinions on the other two issues that I feel is often severely neglected by those researching home education and home education regulation. The first two issues are the question of the history of homeschooling’s legality across the country and the proposal of strict homeschool regulation. The third is the particularly alarming situation playing out in Texas with our lackluster, to say the least, State Board of Education.
First off, I strongly recommend you examine the work of Milton Gaither. Mr. Gaither is a published author who conducts scholarly research into American home education. He actually has his own critique of your UMD piece on his blog and points out the severe weaknesses of your historical grasp of the legal history of American homeschooling. You state in your original piece “Dating from the mid 19th century, with the advent of mandatory attendance laws, until three quarters of the way through the 20th century, it was a crime to keep one’s children home from school.” This is directly after a statement that posits home education “over the past thirty years would have been illegal everywhere.” I have already shared with you that this is completely untrue in the state of Texas where home education has never been criminalized. He also shares that, “In fact, prior to the movement activism of the mid 1980s, fourteen state compulsory education statutes said nothing at all about home based education, fifteen explicitly accepted it in one form or another, and the remaining twenty-one states allowed for ‘equivalent instruction elsewhere’ than public schools or ‘instruction by a private tutor.’” This is a dramatically different picture that the one you attempted to paint in your article which severely undermines you argument that home education needed to be legalized and deregulated in every state in the first place.
I would also like to clarify that Texas did not have to, as you said in your email response to me, come to “full legalization through judicial decisionmaking.” Home education was already legal and fully protected prior to the judicial challenge of the Leeper case via the Texas State Constitution which prohibits any state regulation of any school not funded via public funds.
One day’s worth of research on my part and I was able to turn up all sorts of information relating to this issue that illustrates many states do not follow the oversimplified pattern you propose they all do of criminalizing homeschooling via mandatory attendance laws at the turn of the last century, then legalizing them in the 1980s. For example, in the state of Oklahoma, the state constitution, drafted in 1907, allows for homeschooling as a legal and bona fide method of home education. No further legislation has needed to be passed to legalize what was already an accepted alternative in education. Judicial challenges to the status of home education still occurred, however. But in three major cases, the already legal status of homeschooling was continuously confirmed. (School Board District No. 18 v. Thompson, 1909, Sheppard v. Oklahoma, 1957, and Synder v. Asbery, 1993) In the case occurring in 1909, the Oklahoma Supreme Court ruled that “the home is considered the key stone of the governmental structure.” and that “parents rule supreme during the minority of their children.” The state’s Supreme Court stated that parents could absolutely “withdraw them entirely from public school and send them to private schools, or provide for them other means of education.” In 1907. Seven and a half decades before you state “in the 1980s, all fifty state legislatures… legalized homeschooling.” There is also case law in Illinois that set a precedent for legal home education thirty years prior to the period of time you propose all states decriminalized it. People v. Levisen, 1950 was the landmark case in the Illinois Supreme Court that ruled homeschooling parents had not violated the state’s compulsory education laws. Since the Levisen case, no other legislative or judicial challenges have been made to the legal status of homeschooling in Illinois. In 1904, in the state of Indiana, the Indiana Appellate Court heard State v. Peterman and ruled similarly to how the Illinois court would rule almost a half century later. They also found that home education did not violate the already existing compulsory attendance laws. A school was determined to be “a place where instruction is imparted to the young” and the ruling states that they did not “think that the number of persons, whether one or many, make a place where instruction is imparted any less or more a school.”
As far as your proposed regulatory standards, first off, I still take issue with this idea that there is a primary responsibility on the state’s part to ensure a child’s education and welfare that justifies heavy regulatory intervention. You claim the states have committed “total abdication of responsibility” for home educated children’s education and welfare. I claim the states do not have the primary responsibility for the education and welfare of any children. That responsibility has always rest with every child’s parents. Even though there is no US Supreme Court decision confirming a specific “right to homeschool,” I find this to be somewhat misleading since there are Supreme Court rulings that put forth the primacy of a parent’s right and responsibility to provide for child’s welfare and determine how that child is educated, not the state, in cases not directly related to home education. You actually cite one such case at the end of your UMD piece; Wisconsin v. Yoder, 1972. This case actually has basically nothing to do with the legality or constitutionality of home education, specifically. The Amish families in question were supporters of public education, but only until the completion of eighth grade, after which they felt no further formal education was needed for their children, institutional or otherwise. So the crux of the case addressed their right to make that determination primarily based on First Amendment claims which were upheld. But the Court did state in the opinion written by Chief Justice Burger that “This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition.” Admittedly, his opinion also asserts that “the power of the parent…, may be subject to limitation… if it appears that parental decisions will jeopardize the health or safety of the child or have a potential for significant social burdens.” This statement makes me curious if this is why you cited this case in support of your claims. However, there is no significant data to illustrate that homeschoolers represent a consistent danger to home educated children’s health or safety across the board or that we are creating “significant social burdens.” If anything, I believe a case could be made with data to support it that would illustrate examples of public educational institutions doing just those things– endangering the health and safety of children and creating significant social burdens. I thought it was also interesting to review the majority opinions from Pierce v. Society of Sisters, 1925 and Meyer v. Nebraska, 1923. In the Pierce case, Justice McReynolds finds the Oregon legislation in question “interfere[d] with the liberty of parents and guardians to direct the upbringing and education of children under their control.” Also very useful was the statement in the same ruling that “The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only.” Now, this case specifically addresses private education in an institutional setting, but I still find the verbiage to be very telling, especially the phrase excluding “any general power of the State to standardize its children” as this reads to me as evidence against the primacy of a core state responsibility for a child’s education. The opinion continues with the following statement: “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.” Here the Court clearly places the responsibility for a child’s education and welfare primarily on the parents, not the government.
In addition to a lack of responsibility on the part of the State to completely control a child’s education, the regulatory tools you propose in your piece are wholly unproductive, wildly expensive and seriously unnecessary, some of which I already addressed with you previously. All of your alleged harms of home education come from a place of automatic distrust of parents. The Supreme Court, however, seems to feel differently and gives parents the initial benefit of the doubt. For example, the ruling in Parham v. J.R, 1979, which was actually a due process case addressing flaws in Georgia’s mental health statutes concerning minor and cites Yoder, Pierce and Meyer, states that “The statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.” This seems to me to be a compelling example of case law arguing against heavy handed, state regulation of parents making independent decisions about their children’s education and welfare. I also appreciate Chief Justice Burger’s statement that our judicial system “has recognized that natural bonds of affection lead parents to act in the best interests of their children.”
Concerning the risk of child abuse in home educating families, in a Florida survey conducted by their State Department of Education in 1996, forty-two percent of the respondents cited concerns with the public school environment as their reason for home education. Do parents that are concerned enough about violence, drugs and adverse peer cultures to fully assume the responsibility of their children’s educations really sound like a high population of potential child abusers and neglectors? There is no data that successfully links home education with child abuse. They are two separate issues. The primary connections made are by sensationalized media reports of the most tragic cases. Home educated children may not be under the observation of a classroom teacher, but they do still come into regular contact with other members of the community that are also required by law to disclose suspected abuse. The off chance that home visits, curricular reviews and standardized testing might help catch the occasional child abuse case, which is in no way guaranteed, is not justification alone for such policies. Any discussion of attempts to link child abuse to home education must also examine exactly what percentage of anti-homeschooling cases alleging child abuse were actually found to bear enough evidence to successfully support the claim versus being a thinly veiled attempt by the local school authorities to bully a home educating family back into the classroom. I have no statistical data that examines that question unfortunately, but there is a great deal of anecdotal evidence that points to the need to differentiate between cases of true abuse hiding under the claim of home education and cases where local or state authorities were clearly overstepping their legal bounds. Tragic cases are out there, I know. But there are tragic cases in the non-homeschooling population also, yet no one is proposing home visits for public and private school families or families with children who have yet to reach school age.
I’d like to take a minute to explain to you why I feel home visits, curricular reviews and standardized testing would be problematic to our own home education program in our family. This may be a perspective you have yet to consider since your focus seems to be on aggressively criticizing conservative Christian homeschoolers. As I mentioned previously, we are neither conservative, nor Christian. But we live in a state that is chock full of them with a State Board of Education that is heavily saturated with conservative Biblical literalists pushing a disturbing agenda further into Texas public education with each passing session. Last year, they successfully hacked away at Texas science standards, weakening them substantially especially in Life Science where they predictably objected to any evolutionary content. This year, they are at it again with the social studies standards and are attempting to manipulate the standards to reflect their religious and political agenda. Members of the SBOE have issued statements calling for the removal of Thurgood Marshall and Brown v. Board of Education from the Texas curriculum and thereby from the material students could be subject to standardized testing on. There are other notable historical figures they have taken aim at also, all of which do not fit their narrow definition of good role models of American citizenship like Rush Limbaugh who apparently does. Their goal is to produce a state curriculum that reflects a conservative Christian agenda. It is already required to teach the Bible in Texas public high schools with no provisions to ensure it is taught in a scholarly and critical fashion as a culturally significant, historical work of literature. Schools are free to implement this requirement however they see fit. As a non-conservative, non-Christian family, there is no way I would want to submit my chosen home education curriculum for review against these blatantly agenda-laden state standards. Nor would I want to subject my children to annual testing that required me to teach them this garbage to ensure they passed well enough to allow us to continue home educating. And I certainly have no intention of giving up my Fourth Amendment rights to guard against unreasonable search and seizure by being required to allow government officials to enter my home looking for issues without any probable cause whatsoever. I feel the efforts of those most critical of home education would be better suited addressing the massive flaws in public education as a larger number of children are falling victim to that educational path’s shortcomings that the three percent of the American school-age population that is homeschooled.
I understand that your intent may be noble at its root, but that does not mean your proposals aren’t discriminatory and overly litigious towards the vast majority of the home educating population who, as you freely admit, are doing a more than adequate job. Would government home visits, state mandated curricular reviews and annual standardized testing have improved the adult contributions of notable home educate Americans like Thomas Edison or Andrew Wyeth or for that matter, pretty much all of the Founding Fathers? I firmly believe Confucius is right on this one. You don’t use a cannon to kill a mosquito.
This has been profoundly educational for me to look into this situation more deeply and for that I am grateful to you for presenting the challenge. I am saving this material and am fully confident that this will create the basis for an excellent civics study for my children one of these days. Thank you for taking the time to continue to engage in a dialog about the past, present and future of American home education with me.
Sincerely,
The Very Same, Still Very Vocal Non-Religious Homeschooling Mother