[Congressional Record Volume 154, Number 51 (Wednesday, April 2, 2008)]
[House]
[Pages H1946-H1947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      TEACH YOUR CHILD--GO TO JAIL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
  Mr. POE. Mr. Speaker, homeschooling is an ever growing choice for 
parents in America. Parents teach their children at home for various 
reasons: They are concerned about the quality of education, or the lack 
of it, in government schools; they don't approve of the public school 
curriculum; they want their kids to have a religious-based education, 
which is of course strictly forbidden in public schools; parents are 
concerned about school safety, especially in big urban schools; or, 
parents have special needs children that are not adequately served in 
public schools. Whatever the reason, many parents choose to homeschool.
  Homeschooling is successful. Recent statistics show that homeschooled 
kids get higher test scores on ACT tests than non-homeschoolers. In the 
last 10 years, homeschooled children have scored higher every year on 
the ACT test than non-homeschoolers. I just recently appointed a 
homeschooler to the United States Air Force Academy, and his 
homeschooled education was superb.
  But now, an appellate State court in California has ruled that, 
``Parents not only don't have a constitutional right to homeschool; 
parents that homeschool their children can face fines and go to jail,'' 
sayeth the all-powerful Judge Walter Croskey.
  Where does the California court get such nonsense? Education has been 
the responsibility of parents since the beginning of time. Public 
education really is a relatively new concept. And now we have judges 
saying that parents are criminals unless their children are taught in 
government schools. This reminds me of my visit to the school system in 
the Soviet Union, which mandated all students should be indoctrinated 
with propaganda in the communist school system. This is Big Brother and 
government control at its worst. Can you imagine? A crime to teach your 
own children.
  I have nothing against public schools or teachers. My mother was a 
public school teacher. All my daughters are teachers. I even taught in 
the State university. But no government has the right to tell parents 
how to educate their children, not even the government in California.
  Parents and students need all education options. They need private 
school options, public school, religious school, or even home school. 
The real issue is not quality of education, but education freedom of 
choice by parents.
  The judge says it is unconstitutional to homeschool your children. 
Well, Justice Croskey must not have ever read the U.S. Constitution. 
There is nothing written in the United States Constitution about giving 
government or judges the authority to control education. In fact, the 
word ``education'' is not even mentioned in the Constitution as a 
responsibility of government. The California court's ruling, in my 
opinion, is unconstitutional.
  Education has generally been deemed a matter for local communities 
and parents. We have always believed that in this country. In fact, the 
Constitution in the Tenth Amendment states,

[[Page H1947]]

``The powers not delegated to the United States by the Constitution nor 
prohibited by it to the states are reserved to the states respectfully 
or to the people.''
  And, I submit, ``the people'' in that phrase are parents that have 
the power, under our Constitution, to decide how to educate their 
children. It is their responsibility, their right, and their authority. 
After all, our children do not belong to the government and are not 
government possessions to be molded as the government or government 
judges deem fit.
  The U.S. Constitution gives liberty to Americans, not enslavement to 
government. It is a parent's responsibility and right, not the 
government's, to raise our children. That includes how best to educate 
our children.
  Living in a Nation that was founded on the inalienable right of life, 
liberty, and the pursuit of happiness, means that parents have the 
right to raise and teach their children in a manner that is consistent 
with their beliefs and their principles, whether the California 
appellate judges like it or not.
  And that's just the way it is.

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