Last week, a California appeals court dealt a tough blow to liberty in the oft-freedom-challenged Golden State, ruling that parents may not home-school their children without first obtaining a state teaching license.
This is a regrettable ruling for at least two reasons: First, it appears to violate U.S. Supreme Court precedent rooted in Pierce v. Society of Sisters (1925), in which the Court struck down an Oregon law requiring all children to attend public schools. The California ruling doesn’t force a child to attend a public institution, but in requiring that the child be taught by a state-approved teacher, it appears to conflict with Pierce’s most basic principle:
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. 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.
The second major flaw in the decision is the underlying assumption that state certification somehow assures teacher quality. Research has found that certification promises nothing of the sort, and, in fact, often keeps people out of teaching who might be great at it but don’t want to spend a lot of time and money on education school. Indeed, an exhaustive review of teacher-quality research by the Abell Foundation determined:
There is a scientifically sound body of research, conducted primarily by economists and social scientists, revealing the attributes of an effective teacher, defined as a teacher who has a positive impact on student achievement. This research does not show that certified teachers are more effective teachers than uncertified teachers. In fact, the backgrounds and attributes characterizing effective teachers are more likely to be found outside the domain of schools of education.
Both basic freedom and educational quality are damaged by this anti-homeschooling ruling, and Californians can only hope that higher courts see this clearly.