Anyone interested in the nearly criminal mismanagement of the nation’s government-run schools need only do research on the acronym LAUSD. In March 2006 Los Angeles Mayor Antonio Villaraiogosa gave a speech blasting the LAUSD-Los Angeles Unified School District-for its "culture of complacency" and described the dropout problem in the district as "the new civil rights issue of our time." These aren’t the words of a conservative education reformer, but of a liberal Democratic mayor with close ties to the teachers’ union. He is the latest in a string of LA mayors who have tried to deal with a school system that’s immune from serious reform, not to mention unable to keep students safe. I offer this as a background to an article on homeschooling for this simple reason: California officials operate some of the worst education bureaucracies in the nation. Yet some officials here are concerned not so much with the government-run schools, but with the possibility that a fraction of the state’s students are being educated by their non-credentialed parents at home. This is the "let no flower bloom" approach to public policy, as government officials and public-sector unions react against small private successes in their midst, mainly, I suppose, because of the embarrassment it entails. If for a few bucks a year parents can teach kids who go on to excel in state tests, get accepted to Berkeley, and win spelling bees, then why can’t the professional "educators" do as well with $11,000 or more per student each year taken from taxpayers?

In California this issue of homeschooling had been dormant for about five years, after the current superintendent of public instruction overruled his predecessor’s policy of harassing homeschools. But a February ruling by the state district court of appeal brought back reminders of the bad old days after it ruled that "parents do not have a constitutional right to homeschool their children. . . . Because parents have a legal duty to see to their children’s schooling within the provisions of these laws, parents who fail to do so may be subject … to imposition of fines or an order to complete a parent education and counseling program." The court even issued a threat to parents that they could lose custody of their children if they persist in teaching them at home: "the juvenile court has authority to limit a parent’s control over a dependent child."

This ruling-which stemmed from a Child Protective Services action against a Los Angeles County homeschooling parent accused of physically and emotionally harming his kids-was remarkably broad and viewed by most observers as outlawing homeschooling. My newspaper columns argued that parents had much to fear from the ruling, which could give local school districts the rationale to declare homeschooled kids truants. The case needs to be overturned, but two significant things happened in the ensuing weeks.

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