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Homeschool uproar: Child-abuse concerns involved
The practice of corporal punishment and the unknown extent of child abuse are behind some of the recent furor over a homeschooling court ruling.
The Feb. 28 court ruling found no right is conferred by the U.S. Constitution for a non-credentialed parent to educate a child. Several local public educators said recently that absence of regulation on homeschooling isn't a good idea. The ruling came in the case of a homeschooling household that was perceived as reclusive and had a history of alleged child abuse.
A string of legislators including State Sen. Dave Cox support a resolution requesting the state Supreme Court overturn the decision.
Randy Thomasson, executive director of the Campaign for Children and Families non-profit, said a big point of contention between homeschool advocates and child-welfare officials is spanking. Many parents who are homeschoolers also claim the right to discipline children by physical punishment, known perhaps figuratively these days as "the rod."
"Child-protective services officials say homeschooling isn't right," Thomasson said. "They are mostly concerned with spanking."
However, a line must be drawn when a child is observed to have been bruised, and authorities suspect a parent, Thomasson said.
"If you see bruises, that's it," he said.
Court documents in the ruling suggest that the homeschooling Long family of Los Angeles County is reclusive, and allegedly is abusive. The Long case arose when Phillip Long was reported to have physically and emotionally abused one of his children. A court filing also notes that Long is said to have "recently opined that educating children outside the home exposes them to 'snitches.'"
Joseph Piazza, child-welfare officer for the Folsom-Cordova Unified School District, said he handles "a handful of calls in the course of a school year" about households within the district where a non-enrolled child lives, and that a significant portion of those concern "families that are not committed to homeschooling."
"There are so many people underground," Piazza said. "Their concern is to have a shield from scrutiny. You tell by the condition of the yard, whether the blinds are drawn. It looks more shut-in. Then, lack of schooling becomes secondary. Is your wanting to use a shield worth the maybe 10 percent who are being victimized? Even 3 percent comes out to a big number statewide."
Piazza sees a loophole that exists in laws around private education as a card that can be played by reclusive householders.
"I call at a house and say, 'Bobby is not in school,' and the first word out of their mouths is, 'Homeschool,'" Piazza said. "It's like an ally-ally-oxen-free. But if citizens want that through their legislative representatives, OK."
Many homeschoolers declare their home a private school. A credential isn't required of a private-school instructor.
Previous to the court ruling, Campaign for Children and Families already had been touting inexpensive legal-representation insurance for homeschool households, provided by the Home School Legal Defense Foundation. Now, the Feb. 28 court ruling makes the legal representation more valuable, according to a CCF Web site posting.
"For only $115 per year, expert legal representation -- including all attorney fees, expert witnesses, transcript cost, travel expenses and all other permissible court costs -- is available for parents should they ever be harassed by a government official," the offer reads.
The posting explains that "government official" refers in large part to county child-protective services agents, as well as to school-district truant officers. The inexpensive legal assistance offered has been an annoyance to public educators for years.
Thomasson said, "A social worker can pound on your door, but we advise 'Never open the door to a bureaucrat.'"
Piazza said current legislation is incomplete on "consequences" for disobedience.
"The Legislature didn't finish the law," he said. "In order not to embarrass families, they didn't put in consequences for people who have a lifestyle of avoiding responsibility, or ducking people who want to help them."
In 1992, Roger Wolfertz, an education department attorney, wrote to a school administrator's association, "Inquiries by school attendance personnel into the legitimacy of a schooling arrangement can result in a letter from a home-schooling legal defense attorney. Such a letter will inform your district that the parent is conducting a legitimate private school which meets state compulsory-education requirements. The defense association attorneys advise their clients to ignore requests to attend School Attendance Review Board meetings. Many homeschoolers contend that the law in California on homeschooling is confused and vague. Therein is the issue."
The Telegraph's Roger Phelps can be reached at rogerp@goldcountrymedia.com, or post a comment at folsomtelegraph.com
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Perhaps Mr. Piazza would care to comment on the following statistics from the Department of Justice:
1) 30% of public school children report being bullied;
2) 86% of public schools experienced incidents of crime;
3) 65% of public schools reported crimes to the police;
4) 67% of public school primary schools experienced a violent incident;
5) 94% of public school middle schools experienced a violent incident;
6) 95% of public school high schools experienced a violent incident;
7) 17% of public schools experienced a serious violent incident;
8) 46% of public schools experienced one or more thefts;
9) Public schools reported 2.2 million crimes in one school year;
10) 24% of public schools report that incidents of bullying occur a daily or weekly basis;
11) 3% of public schools report student sexual harassment of other students;
12) 3% of public schools report racial/ethnic tensions;
13) 17% of public schools report gang activies;
14) 4% of public schools report cult or extremist activies on campus;
15) 25% of public school students report that drugs were available to them on campus;
16) 35% of public school teachers report that student behavior interfers with teaching;
17) 14% of students in public schools report being in physical fights on campus;
18) 19% of public school students report carrying a weapon;
19) 43% of public school students reporting drinking alcohol;
20) 4% report drinking alcohol on school property;
21) 20% of public school students report using marijuana;
22) 5% report smoking marijuana on school property;
23) 5.5% of public school students report avoiding schoola ctivities because of fear of attack or harm;
24) 36% of public school students report being harassed by teachers or school employees.
And for those that think that somehow regulating homeschooling is going to cure child abuse, the following statistics say otherwise:
Chldren ages 0-3 are most likely to be abused.
4 children die everyday from child abuse.
THREE out of the four are under the age of 4.
Last time I looked, the law in California required attendance at public schools beginning at the age of 6.
My mother and mother-in-law both teach in public schools. My mother-in-law is only a substitute, and therefore isn't in the schools enough to see much or know the students well. She also works in a very affluent area. So, she doesn't see much of anything to report. On the other hand my mother works in a low-income school and is a full-time teacher, not just a substitute. She has seen more neglect, verbal abuse, and physical abuse of students in her classroom over the last 12-15 years than you can count in homeschool abuse cases altogether. HIstorically speaking, there IS proof that low-income, previous abuse of any kind, lack of parental involvment in children's personal lives (neglect), lack of family support, divorce or the breakdown of the family, drugs, & alcohol abuse have more to do with abusive behavior than anything! There is more than enough of that in the public school to override any reported cases in homeschool for 50 years to come! Homeschool or public school families can be the victims or perpetraters of any and all of these things. Just because children are in public school does not mean that they won't be abused...obviously! Statistics and just looking around a bit both testify to this. If someone is already abusing their children and decide to homeschool their kids, that has nothing to do with homeschooling. For those of us who would never hurt our children and are, instead, providing a wonderful family, educational and social experience for our children through strategic planning, hard work, love and devotion for our precious children and divine inspiration to go about it in THIS way, we shouldn't be barred by the bad choices of those who only use homeschooling as an excuse. People who abuse their children will abuse them either way. In a moment of anger public school or home school is not going to be the maker or breaker of a choice to hit a child. As was reported in this article, if neighbors see signs of reclusive behavior and the yard looks a mess or the kids are never allowed outside, etc., then by all means, keep your eyes and ears alert for any sign of abuse, and report it if you see anything. But, it is a terrible thing to take away the freedom and rights of those who are actually doing the right thing in order to stop the very few who choose to abuse their freedom. Consider the constitutional right: A man is innocent until proven guilty. There is a reason we have this in our constitution! Wise men who foresaw the abuse of the law chose to make that a part of our law so that those who are innocent and are doing what's good and right won't have their freedom taken away. Those who are abusing cannot hide it forever and will eventually be discovered and justice will prevail. But, please don't take away my chance to provide the best opportunity for good education in a very safe and healthy environment for my children and millions of other children and families who ARE good people and who don't abuse!