Posted by
RicFrankel on Monday, April 14, 2008 9:39:30 AM
There is no constitutional right for home schooling (or
private schooling) as a replacement for public schooling, at least in the
strict constructionist sense. Every parent has the right and duty to educate
their children, but that right does not imply the right to also keep their
children out of public schools if their state (or under the authority of the
state, whatever school district they are in) requires their children to participate
in public education.
Most states allow home or private schooling in place of
public schooling, but states do this because for some families it is a
reasonable and desirable thing to allow. But it is within the power of the
states to insure that all the child citizens meet some standard level of
education, and if in the opinion of the states that includes certification of
all teachers and curriculum (public, private, or home school), then in my
opinion, parents do not have the right to exclusively home school without
proving they meet the minimum standards set by the state. If a state choose to
certify only public instruction, that is within the state’s domain of authority
under the Constitution but in my opinion not in the best interest of their
citizens. But the Constitution deals with constraining governmental process,
and does not insure a particular result of the process results. And since our
Constitution says nothing about education, presumably the regulation of
education is reserved to the states and the people to figure how and if to do
it on their own.
I repeat: all parents have the constitutional right to home
school their children and/or educate them in private institutions. But there is
no constitutional right to avoid state laws that require a given amount of
state certified education. The choice between state certified education and
state uncertified home schooling is not an either or choice. Parents have the
right to home school their children (even if they are not certified as
educators) but do not have the right to exempt their children from state laws
requiring education from state certified teachers.