Illegal Search and Testing
Jul. 11, 2006 at 10:15 AM
Homeschooling
In my last post, John wondered where the line was for government intervention in the home.
When a person commits a criminal act the state intervenes - that's the line and not before. The fact that some may neglect or abuse their children isn't justification for all parents to allow the state involvement in every home. Who has the compelling interest when the government's interests conflict with the family's interest? They cannot be equal partners in family decisions. One must defer to the other. In Amercia we give deference to the liberty of the private citizen to direct their own family. We are innocent until proven guilty. It is partly on that basis that I am opposed to any state requirement to test homeschoolers.
Testing a child to determine if they are being adequately educated is a violation of a parent's natural right to direct the education of their children. The fact that my child may pass an exam with flying colors is not justifciation for the state to require them. Nor is my child's failure, justification for the state to require all children to take them with the hope of "saving" some children.
By way of analogy, we would never allow the state to search a home to see if there is illegal activity going on. The state must show probable cause and get a warrant to search the home. Further, we don't allow the state to search all homes, only those of the suspected criminal. No one in their right mind would let a police officer search their home because their neighbor failed to obey the law or was abusive to his family. Nor would we pass a law that required all homes to be routinely searched to prevent parental abuse. Some parents may beat their children, but that is not justification for the state to search all homes to find those that are.
Yet, with education many assume the state has the right to test homeschooled children to make sure that the parents are doing what they say they are; simply because some could be negligent or abusive. That's a violation of the natural rights of the parent and a usurption of their authority. The parents have not been shown to be criminally negligent or abusive, yet they are required to submit to state validation of their parenting. This holds true even if the state gives them a choice of tests and doesn't require a specific state exam. The idea that the state would require any sort of exam to prove the parent has done an adequate job is like inviting the state into my home to prove I don't use drugs, beat my children, or feed them adequately.
I would never voluntarily allow the state search my home to see what I do. Why would I allow them to search my child's mind to see what they know?
Yet many do.
Now I'd like to turn the tables around and ask isn't it just as possible that the state can be just as negligent in their duties. There are plenty of recent teacher abuse stories to choose from, but let's take an admittedly extreme example to demonstrate my point.
Documents were released a couple of days ago related to the killers at Columbine. Here's an excerpt from a paper Dylan Klebold wrote just two months before the tragedy,
Who intervenes when the state fails?
To be sure, there are probably some homeschooling parents who will neglect the education of their children and may even be abusive. However , the fact that this may happen in one home, does not justify state intervention and testing of all homeschoolers. More laws and regulation will only diminish the freedom of those already obeying the law and does little for those determined to ignore it.
If a parent wants to privately assess their child through testing, fine. But no parent should be compelled to turn those results over to the state. It's none of their business.
Related Tags: homeschooling, home school, home education, education, public school, parenting
I can understand that avoiding testing puts the power in your hands, but where's the line on that? Should the government ignore when some people beat the snotAfter a lively conversation in the comments section, here are my thoughts and how this all relates to the testing of homeschoolers.
out of their kids? I think there is a role to be fulfilled in the overseeing authority. [T]here is some positive reasons to keep the government involved in family lives.
When a person commits a criminal act the state intervenes - that's the line and not before. The fact that some may neglect or abuse their children isn't justification for all parents to allow the state involvement in every home. Who has the compelling interest when the government's interests conflict with the family's interest? They cannot be equal partners in family decisions. One must defer to the other. In Amercia we give deference to the liberty of the private citizen to direct their own family. We are innocent until proven guilty. It is partly on that basis that I am opposed to any state requirement to test homeschoolers.
Testing a child to determine if they are being adequately educated is a violation of a parent's natural right to direct the education of their children. The fact that my child may pass an exam with flying colors is not justifciation for the state to require them. Nor is my child's failure, justification for the state to require all children to take them with the hope of "saving" some children.
By way of analogy, we would never allow the state to search a home to see if there is illegal activity going on. The state must show probable cause and get a warrant to search the home. Further, we don't allow the state to search all homes, only those of the suspected criminal. No one in their right mind would let a police officer search their home because their neighbor failed to obey the law or was abusive to his family. Nor would we pass a law that required all homes to be routinely searched to prevent parental abuse. Some parents may beat their children, but that is not justification for the state to search all homes to find those that are.
Yet, with education many assume the state has the right to test homeschooled children to make sure that the parents are doing what they say they are; simply because some could be negligent or abusive. That's a violation of the natural rights of the parent and a usurption of their authority. The parents have not been shown to be criminally negligent or abusive, yet they are required to submit to state validation of their parenting. This holds true even if the state gives them a choice of tests and doesn't require a specific state exam. The idea that the state would require any sort of exam to prove the parent has done an adequate job is like inviting the state into my home to prove I don't use drugs, beat my children, or feed them adequately.
I would never voluntarily allow the state search my home to see what I do. Why would I allow them to search my child's mind to see what they know?
Yet many do.
Now I'd like to turn the tables around and ask isn't it just as possible that the state can be just as negligent in their duties. There are plenty of recent teacher abuse stories to choose from, but let's take an admittedly extreme example to demonstrate my point.
Documents were released a couple of days ago related to the killers at Columbine. Here's an excerpt from a paper Dylan Klebold wrote just two months before the tragedy,
No kidding! This is only one of a many examples. But as tragic as this was, I don't fault the teacher. Hindsight is 20/20. Who knew he planned on turning his fictional story into an autobiography? We can add another layer of protection and turn our schools into a police state. But in reality, there is no safeguard for a human heart bent on doing evil - in a home or in a school. All the state intervention imaginable cannot prevent every tragedy. Someone always manages to do the unthinkable. Here was a young man obviously crying out for help and the state missed it - big time. Despite all the obvious warning signs and safeguards in place at the time, no one imagined a massacre like Columbine and guarded against it.Klebold wrote a short story for an English class depicting a man who kills nine high school students with automatic pistols. "I saw emanating from him power, complacence, closure, and godliness," the story ended. "I understood his actions."
The teacher, whose name is not given, wrote, "You are an excellent writer and storyteller, but I have some problems with this one."
Who intervenes when the state fails?
To be sure, there are probably some homeschooling parents who will neglect the education of their children and may even be abusive. However , the fact that this may happen in one home, does not justify state intervention and testing of all homeschoolers. More laws and regulation will only diminish the freedom of those already obeying the law and does little for those determined to ignore it.
If a parent wants to privately assess their child through testing, fine. But no parent should be compelled to turn those results over to the state. It's none of their business.
Related Tags: homeschooling, home school, home education, education, public school, parenting
4 Comments and Trackbacks
posted by floridasunsets on Jul. 11, 2006 at 10:41 AM
Hi there, Spunky. I read your post and in the end could not resist commenting. I must confess that I have not read the previous post that is related to this one, and I admit that I probably should, but I feel very strongly about this. I don't completely agree with you. A lot of what you said makes great sense. Innocent until proven guilty, no prosecution until there is an actual crime committed, etc. However, I don't see testing and record keeping in the same light. Students and teachers in both public and private schools alike are subjected to the same requirements. I don't know of any school districts that do not, at some point, take some type of standardized tests to evaluate their academic program. Maybe I'm missing something here, but being homeschooled should not exclude us from the law. Just my two cents.
Betty
Numbers 6:24
posted by on Jul. 11, 2006 at 1:24 PM
Public and private school students willing submit the authority over the education of their children to another. Homeschool parents do not. We are forced to submit to their requirements for being what we are, parents. Education is just aspect of God's calling to me as a parent. Complusory education has created the impression that this is the state's domain and passing a law allowing this intrusion shows just how far we've come in our lack of understanding in regards to freedom and the right to privacy. Education isn't their domain. They usurped the authority of the parent when they implemented compulsory attendance. They are usurping the parents authority when they require compulsory testing and record keeping. Would you show the state your medical records? Would you allow the state to pass a law requiring you to submit to a physical and medical screening? Hopefully, the answer to that is no. Why would you show them your education records and allow a screening of your children? Sadly, it is because most people have come to accept that the state has authority over the parent in matters of education. I don't understand it at all.
Edited by spunkyhomeschool on Jul. 11, 2006 at 10:31 AM
posted by AcceptanceWithJoy on Jul. 11, 2006 at 2:50 PM
Betty,
I may feel different about these tests than many people do because I am educating a child with a learning deficit. She was in public school through the 7th grade. There are several problems with homeschoolers taking the state mandated tests.
First, I believe these tests are negatively impacting the quality of education. Critical thinking can never truly be tested using a multiple choice test. I know. I had to take a 40 hour course on writing multiple choice questions when I was a nursing instructor. It is nearly impossible to write a reliable and valid multiple choice question that measures thinking. Because of that, more than 80% of the test is written to test the students knowledge of facts. Knowing facts does not translate into competence. As our society is more and more driven by these standards, and teachers are teaching students to pass these tests, students are learning to memorize facts rather than to apply knowledge, create and evaluate.
One of the other things I observed, at least in my own school district, was a tendency to focus on a child's area of weakness. My daughter is gifted in music and language. Rather than developing her skills in these areas, the focus of her education was in areas that she has an absolute weakness. This weakness is related to her disability and is permanent. Because of the extra emphasis in math, organization and "job training" (AKA cleaning the school for one period a day), Marissa was not able to participate in music.
Second, in order to have a test, there must be a standard against which to measure the student. The standards being developed at a state and national level are driven by a secular worldview and do not line up with the education I have in my home. I teach my daughter to reason from a Biblical worldview. It is unlikely that the state mandated test would evaluate how she was doing in meeting that goal. My daughter is not at age level in many of her courses. Because I control the standards and plan the school year, we are able to individualize our learning to meet her needs.
Finally, my daughter just says "no: to those kind of tests. She isn't strongly convicted. She just is too anxious. During her last school year, she was suspended for two-days for locking herself in a locker because she was too nervous about taking and failing a test. "Everyone is going to think I am stupid." (Of course, locking yourself in a locker might be seen as not too bright either, but... she figured it was better than the alternative!)
posted by Anonymous on Jul. 12, 2006 at 8:11 PM
I might be willing to accept testing, if I ever heard of the following conversation, "We're sorry, Mrs. Jones, but your child tested in the lowest 20th percentile. Public school is obviously not able to do much for him, so we will pay for you to either put him in the private school of your choice, or homeschool him."
If all that testing and all those rules and laws can't keep 20% of our kids out of the lowest 20th percentile, it is not reasonable to expect adding testing, rules, and laws to burden homeschooling parents more will help raise homeschoolers' scores, either. (Presuming that scores are even the point of education.)
When testing and accountability laws and such begin to yield big differences in public schools, then I might consider them for homeschoolers. Until then, I'm sorry. It just doesn't make sense.