California officials revoke medical licenses of two homeschool graduates

When the California Department of Public Health (CDPH) decided to revoke the licenses of two medical workers based on their homeschool background, the homeschooling community pushed back.

“Homeschool graduates have … had difficulty over the years in being licensed by CDPH as phlebotomists,” wrote Home School Legal Defense Association (HSLDA) attorney Will Estrada of the workers trained in drawing blood for tests, research, transfusions or blood donations. “But we have never had a homeschool graduate who received a license suddenly have his or her license revoked over this issue. Until this year.”

The decision came against a backdrop of calls for more regulation on homeschooling, which has experienced major growth since the COVID-19 pandemic.

In one example, a recent USA Today op-ed argues all homeschoolers should register with government officials in an effort to stop child abuse even while acknowledging, “Home-schooled kids are not more likely to be abused or neglected than other children.” 

HSLDA has resisted the move to regulate homeschooling nationwide, pointing out the irony in trying to make it more like the public school system with its record of government bureaucracy and inefficiency. 

“Which has proven to be more successful since the late ‘70s,” asked HSLDA president Jim Mason in a recent interview, “the education department in Washington, D.C., dictating to all the public schools in America how they should behave, or the homeschooling movement?” 

Another example involves Oklahoma, which recently introduced legislation requiring parents to get government approval before homeschooling. The bill also called for background checks on parents, adults living in the home and any adults who may assist in the child’s schooling. 

Homeschool associations in Oklahoma protested the legislation, describing it as a slippery slope that could deprive parents of due process and prevent innocent families from homeschooling. 

“We have witnessed through the past 30 years parents who have been turned in by unhappy grandparents, nosy neighbors, vengeful ex-spouses, or even a disgruntled child, causing an investigation into their home life and home education,” the Constitutional Home Educators Alliance wrote on its website. “Simply put, if there is even an accusal of neglect or abuse associated with any person involved in the child’s home education you will be denied the right to educate your child.” 

Because of its history defending homeschool freedoms, HSLDA was able to intervene on behalf of the two phlebotomists whose licenses were revoked. 

“After we made contact with attorneys representing the CDPH on behalf of these two homeschooled grads, and explained the law, as well as the potential legal liability CDPH could face by issuing a license and then revoking it, CDPH quickly reissued their phlebotomy licenses,” Estrada wrote. 

The association encourages other homeschool graduates to contact its attorneys if they experience similar discriminatory practices based on their education. 

“The law is clear: you do not need an ‘accredited’ high school diploma,” Estrada wrote. “Home education is legal in California. And homeschoolers make great phlebotomists!”