Growing Without Schooling 7

Page 1

GROWING

WITHOUT

SCHOOLING

7 Many things have happened since you received GWS#6. Two un­ schoo ling families have won im­ portant rulings from state cou rts - more on this later. Time magazine, after talking at length with a number of unschoo1ing fam­ ilies, ran a fine story about this in their Dec. 4 '78 issue. Soon after, I was invited to appear, with Linda and Bob Ses­ sions and their children, on the Phil Donahue show in Chicago. In the four weeks since the first airing of the show (it goes out in different cities on different days), we received 2700 letters! Some of these sound only curious, but at least half sound really interested in our work. Needless to say, for the two of us to read and answer that much mail has been quite a task. And we expect another 1000 or so before we're through. If most of those who sound interested decide to sub­ scribe, it should be a great boost to us. The group subscription rec­ ord has moved West again, this time to Lincoln, Neb., where readers have taken out a 22X sub­ scription - and for 18 issues! At the same time, the pub­ lishers of my newest book (NEVER TOO LATE - De1acorte) said that they were very interested in a possible book about unschoo1ing. Much of the material for this would come from GWS, but I have already written 10-15,000 words of new material and have more stil l to write. All this action has delayed this i ss ue of GWS. But barring other avalanches of mail, we should have #8 out fair­ ly soon. GOOO NEWS

Since we wrote the story "Help Wanted" in this issue, a Massachusetts Superior Court has handed down a ruling favorable to the Perchem1ides family. It did not (as I did not think it would) say point blank to the School District, "Approve this family's program ." What it sai d was, in effect, "Take another look at this program, and this time, be reasonable." The family will probably have t o (and will be wise to) make a few small con­ cessions to the schoo ls , probably in the area of curriculum, though I have strongly urged that they not yie ld an inch in the crucial matter of testing and eva luation . But the effect of the ruling will al most certainly be that they will be able to teach their chi ldren at home.

The .:Judge's decision is long and intricate, and a very good lesson in how judges think. Since we are so late with this issue, I won't try to quote it or discuss it much here. (For $2, we will send you a copy of the complete ruling . ) But he made one novel and (to us) extremely important and useful point, that the Con­ stitution guarantees to citizens many implied rights, rights which it does not specifically name, and that the right of parents to control the education of their children is one such implied right. He did not put this right under the First Amendment, but under the Ninth, saying that the right to educate one's children can be seen as a logical part of a general right to privacy, the right to control one's private affairs. But he also said that the right of the states to oversee the education of the young was itself a constitutionally pro­ tected right, falling under the general heading of police powers. From this it follows that in this matter of education the rights of parents and the rights of states are competing rights, which must be balanced against each other. The schools, therefore, may not arbitrarily reject, as they did in this case, a proposed home teaching plan, without giving any reasons . They must give reasons, which must be compelling, and may not include such trivia as "the children will miss the social life," or "it will set a bad precedent. " This is the narrow line that we must try to (and I think can) persuade the courts to walk. Yes, the States may oversee the educa­ tion of the young, and Yes, to that end they may establish schools and even make them com­ pulsory, but at the same time, No, they may not establish a mon­ opoly of schools or even of meth­ ods of schooling (this is the meaning of Pierce and other cases), and~hey may not say that for people to educate their own children is in and of itself a crime, or arbitrarily and with­ out due process deny them the right to do so. HElP NEEDED

Mr. and Mrs. Perchemlides (GWS#4), when they told the local school board that they wanted to take their child out of school, were told by them to submit a home teaching program. They did ­ twenty pages long, detailed and thorough. The school board (as often happens) ca 11 ed it" i nade­ quate, " without giving any rea­ sons, or saying how they would have to change it to make it ade­ quate. In states where the law makes home instruction a legal alternative, such action by school boards can, I believe, be attacked in court on two grounds: 1) It denies due process 2) It sets aside the stated will of the legislature. As I have said, I do not think we should try to get courts to rule that compulsory schooling, or things done in and by schools, are un- Constitution­ al. All such arguments lead to the Supreme Court, which if they

hear such cases at all are for some time to come likely to rule against us. Beyond that, I think we would be unwise to make it part of our legal strategy to ask lo­ calor state courts to overrule school boards ~y specifically ap­ proving home teaching programs which the boards have turned down . In the first place, the legislatures have specifically given that task to the school boards. In the second place, the courts may very well say that they are not competent to make such decisions. In the third place , they may fear (with good reason) that if in a few cases they do rule in favor of parents and against the local school board, they will soon be swamped with such cases. Finally, there is no reason to expect that in matters of education most judges will be any more tolerant or en­ lightened than most school boards . But I do think we may be able to get many courts to say that if state law makes home in­ struction a legal option (and gives school boards the right to approve or disapprove such pro­ grams), these boards are legally obliged 1) to make public some explicit and reasonable standards which such programs must meet in order to be approved 2) to ap­ prove all programs which, meet such standards, and 3) where they claim that a given program does not meet them, to state ex­ plicitly in what respects it does not and how it would have to be changed in order to do so . Thi s, 1ega11y, is where the Perchemlides family is at the moment . They are trying to con­ vince the court that, in disap­ proving their program of home in­ struction, the local school board acted arbitrarily and unreasonab­ ly. To do that, they must per­ suade the court, not necessarily to overrule the school board by approving their program, but only to say that the program has enough intrinsic merit so that the board could not turn it down out of hand, without reasons. To help them, I have asked some Pro­ fessors of Education I know to look at their program, and if they think it is good, or at least equivaent to what is done in most schools, to say so i,n writing. So far, four have ag­ reed to do so, and I believe others will join them. Which brings me at last to the point of this particular art­ icle. It would be very helpful if we had, from all parts of the country, a list of professors of Education, and also, school ad­ ministrators - Superi,ntendents, Curriculum Supervisors, School Board Presidents or other offi­ cers and members - who would be wi 11 i ng from time to ti,me to look over proposed home instruction programs of unschoolers, and if they think they are adequate and/or equivalent to what local schoo1s provi de, to put this in writing. Will you, readers of GWS, please help us make such a list, either by ' asking any Pro­ fessors of Education, etc. you know if they would agree to be on such a li st, or, if you are a Professor of Education, etc., by

us your name. We would not publish these names in GWS (un­ less some people asked to have their names published). But we would send the list to unschoo1­ ers who asked for it, and they could get in touch with such Pro­ fessors, etc. directly. ~iYin~

A REMINDER

The label or address on your GWS (or envelope) will have on it a symbol like 1 07, 2 08, 3 12, etc. The first of these two nume­ rals tells us how many copies of each issue to send you. The sec­ ond numeral tells us, and you, the last issue of your present subscription. If your subscription ends with this issue of GWS, and if you wish to continue to sub­ scribe (we hope you do), please renew your subscription right away. Otherwise we will have to send you a renewal notice, which will take time and money we would much rather use to make a better magazine, help unschoo1ers, and find new readers. If for any rea­ son you have decided that you do not wish to receive GWS any more, it will be a great help to us if you will drop us a card telling us that. Thanks very much. RULING FROM IOWA

In the case of The State of Iowa, plaintiff, vs . Robert Ses­ sions and Linda Sessions, defend­ ants, the following excerpts from the recent ruling of the District Court of Iowa in and for Winne­ shiek County may be of great in­ terest to many GWS readers: "The above cases, i nvo1vi ng the filing of criminal charges and convictions thereon against Robert Sessions and Linda Ses­ sions in Magistrate Court, now come before the Court upon ap­ peals to District Court. The mat­ ters as criminal matters, as con­ templated by statute, were heard de novo by the Court on appeal. The Court, after reviewing the file, considering the evi­ dence, statements of counsel, and the briefs and arguments submit­ ted, now enters the following: FINDINGS OF FACT 1. Robert Sessions and Linda Sessions were each charged under Section 299 . 1 in that each did unlawfully fail to have his or her 7-year-old son, Erik Ses­ sions, attend a public school and/or obtain equivalent instruc­ ti on elsewhere. 2. They were tried under that charge in Magistrate's Court. They were each found guil­ ty and were each sentenced to pay a fine of $50 and costs were as­ sessed against them .... Appeal was thereafter filed ... . 6. The defendants requested the board of directors of the De­ corah Community School District to approve their home teaching program. The board refused, and the matter was appealed to the State Department of Public In­ struction, and a decision was rendered by the board .. . sus­ taining the position of the Deco­ rah board and stating in sub­


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