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Richard Anderson
Professor Creasy
Sociology 1A
12 May 2012
Home Schooling: The Rights of Parents and Children to Home School
The issue of the right of parents to be instrumental in the education of their children
has been around for a long time. John Locke (1632-1704), philosopher and very early
defender of individual human rights over the "divine rights of kings," argued that
"education of children [is] primarily a right and duty of parents rather than of the state,"
(Tuckness, 2010, p. 627). The basic right of parents to educate their children has been
upheld by the courts of America, including the Supreme Court. Parents have the right to
educate their children at home, as well as institute ideals of virtue, morality, and religious
conviction into the realm of education.
Home education versus public education is important to me in that it has shown to be
a family benefit, and with stronger family units we create a better overall society.
Home education came under scrutiny in 2008 with the advent of the Rachel case,
whereby a California Court of Appeals decided that "Parents do not have the right to
home school their children," (Olsen, 2009, p. 399). Many parents of some 166,000 home
schooled students became alarmed at this decision. With the backing of government
officials, including Governor Arnold Schwarzenegger, the Rachel case decision was
eventually overturned. The confusion resulted from the fact the state had taken
responsibility for the child's welfare due to an abuse issue. But where there is no such

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precedent, as within a healthy family, the parents have the authority to educate their
children according to the guidelines provided under the private school category.
Religion is closely tied to the issue of home versus public schooling. In 1972, the
Wisconsin v. Yoder case once more brought the Supreme Court into action. An Amish
family in Wisconsin challenged a law stating that all children must attend school until the
age of 16. The Amish people's right to pull their children from school after the eighth
grade for religious reasons was upheld by the Supreme Court, stating "the religious
upbringing and education of their children . . . have a high place in our society," (Olsen,
2009, p. 413). In another case, Pierce v. Society of Sisters, the Supreme Court decided
that an Oregon law for mandatory public school attendance from ages six to sixteen
"unreasonably interferes with the liberty of parents and guardians to direct the upbringing
and education of children under their control," (Olsen, 2009, p. 411), and further stated
"the child is not the mere creature of the state . . . to recognize and prepare [the child] for
additional obligations."
From a sociological functionalist perspective, there may have been early
rationalizing to promote a public education system, taking us from individual state
processes to form a national identity, but in seeing what has become of our public school
systems - bullying, questionable sex education and morality issues, and violence -
evolution back to family values and home education appears to be perferred by many.
Parents provide children with moral and virtuous elements of character through many
religious practices, a process by which the state is barred from approaching. Knowledge
concerning math and science is essential to produce individuals capable of providing
answers to many of today's worldly issues from pollution, food production, and other

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such physical issues, but moral behavior is also critical for a healthy society, and this can
be nurtured from appropriate family development which translates into healthier societies
and world populations in general. Religion can provide this to many people, but also
close positive family interaction in general can illustrate better thinking processes as well.
Home schooling is a terrific link to a better community, whether it is based on religion or
simple freedom of people over the state.
In addition, the home school versus public school is a worldwide consideration
today. Australia has long-promoted home schooling due to the relative isolation of many
family's distant physical location from an education center. Primary socialization occurs
within the family unit. These are processes of farm family functions such as working the
fields, taking care of livestock, preparing food from their basic components, and
maintaining equipment. The family communicates throughout these endeavors. Thus,
when they move into "secondary socialization," that of entering the general public, the
children have learned positive role models, cooperation versus competition, and "they
learned together to become whole people networked into their family, local and wider
communities," (Barratt-Peacock, 2003, p. 110).
Home schooling is a necessary liberty for Americans to continue to support for those
individuals and families who choose this route for the education of their children. Home
schooling is also a right supported by the American constitution via the 14th amendment
whereby the Due Process Clause prohibits state and local governments from depriving
persons of life, liberty, or property without due process. The Supreme Court has also
ruled in several cases that the state cannot infringe upon people's religious convictions,
and that includes where education of their children is concerned. In addition, within the

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home, families can inject ideals of virtue and morality via their family religious
convictions, producing a healthier family unit and thus a healthier society.

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Works Cited
Barratt-Peacock, John. (2003). "Australian Home Education: A Model"
Evaluation & Research in Education, 2003, Vol. 17 Issue 2/3, p101-111, 11p, from
Academic Search Elite.
Olsen, Chad. (2009). "Constitutionality of Home Education: How the Supreme Court
and American History Endorse Parental Choice"
Brigham Young University Education & Law Journal, 2009, Issue 2, p399-423, 25p,
from Academic Search Elite.
Tuckness, Alex. (2010). "Locke on Education and the Rights of Parents"
Oxford Review of Education, Oct2010, Vol. 36 Issue 5, p627-638, 12p; DOI:
10.1080/03054985.2010.514439, from Academic Search Elite.

6. Anderson 5 of 5
Works Cited
Barratt-Peacock, John. (2003). "Australian Home Education: A Model"
Evaluation & Research in Education, 2003, Vol. 17 Issue 2/3, p101-111, 11p, from
Academic Search Elite.
Olsen, Chad. (2009). "Constitutionality of Home Education: How the Supreme Court
and American History Endorse Parental Choice"
Brigham Young University Education & Law Journal, 2009, Issue 2, p399-423, 25p,
from Academic Search Elite.
Tuckness, Alex. (2010). "Locke on Education and the Rights of Parents"
Oxford Review of Education, Oct2010, Vol. 36 Issue 5, p627-638, 12p; DOI:
10.1080/03054985.2010.514439, from Academic Search Elite.