Homeschooling is a time-honored and widespread practice. It often presents, however, a conflict between the constitutional right of parents to direct the education of their children and the State’s right to impose regulations in the interest of ensuring an educated citizenry. The U.S. Supreme Court has made it clear that any regulation impacting this constitutional right must be “reasonable.” Courts have therefore generally resolved homeschooling cases by examining whether State regulation of homeschooling places an unreasonable burden on the rights of parents. The courts, however, have altogether failed to address another, more fundamental question: whether the State regulation, in fact, advances the State interest. A regulation that fails this criterion cannot be “reasonable.” Using a recent California appellate court case that initially upheld a regulation prohibiting parents from homeschooling their children unless they first obtained a state teaching credential, we show how recent social science research should impact the analysis. Instead of assuming away the issue of whether the regulation advances the State interest, we show that empirical research will allow courts to be able to answer this threshold question.1
Just suppose for a minute that in addition to our education, government officials suddenly took it into their heads to control what we eat? Some of the big wigs figured that we common ignorant folk were not capable of making good nutritious meals, so they formed a plan and with a huge chunk of our tax dollars, built government run cafeterias (Food Distribution Centers). Sound depressing? Well, take heart, because the American people would never stand for anyone telling them what they can and cannot eat. But wait a minute....isn't this exactly the approach the government has taken with education?
It must be clear at the outset that there are no sure-fire rules of education that apply to all children at all times. Reishis Chachmah quotes a Midrash that it is easier to raise a legion of olive trees in the Galilee, where the soil and climate are not conducive to growing olive trees, than to raise one child in the Land of Israel, even though Israel is conducive to proper education, since the atmosphere itself helps to imbue one with wisdom and holiness. Children are not objects to be fashioned at will, but rather human beings who have their own free will and can reject, if they so choose, even the best education. The most a parent can hope to achieve, as Chiddushei HaRim points out regarding all learning, is to put the words of Torah on the heart of the child so that when the heart opens up, the Torah found on it will sink into the receptive heart.