This chapter discusses the issues involved in home education as they relate to state compulsory school attendance laws. The authors first examine the purpose and context of compulsory attendance, then the public or private school alternatives. The statutory and case laws providing for home education are explored and some of the constitutional…

Parental rights and state compulsory school attendance requirements are limited by constitutional constraints, as shown in three benchmark cases. The article also cites cases to show the impact of compulsory education laws on home schooling, which is increasing. The state retains the power to impose minimum curriculum requirements. Cites…

State compulsory attendance statutes require parents and legal guardians to see that children are educated. Although courts have consistently upheld such statutes, the nature of these filings has changed. Whereas early-day legal action usually sought to protect the rights of some select group from constitutional infringement, more recent suits…

The prevalence of home schooling is increasing. Parents educate their children at home for the sake of security, morality, and educational quality. Not only does home schooling offer the advantages of closeness and security, but advocates also assert that education in the home results in greater reading proficiency. On the other hand, antagonists…

Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…

Neil Devins, in part 1 of this chapter, discusses state regulation of home instruction. A different perspective on this subject is presented by Perry A. Zirkel in part 2. Parents have claimed that state regulations deprive them of their right, protected by the due process clause of the Fourteenth Amendment, to direct their children's upbringing.…

The nationwide phenomenon of home instruction is meeting resistance from state compulsory school attendance laws, resulting in many court cases in recent years. Parents who choose to teach their children at home may do so on moral or religious grounds, or because they consider public schools too conservative or traditional. State compulsory…

To assist parents, educators, and law-makers, this guide presents each state's Compulsory Education Law for Home Schooling situations. Compilation of facts and laws derives from materials collected from the chief state school officer or designated authority. Because many states are updating laws and requirements, the manual is intended as a…

While the legal question of what constitutes a private school--and whether home schools can continue to operate as such--remains a matter to be resolved by the courts or further legislation, a separate question remains: What should be the role and relationship of home schools to the educational network of the future? Economically and…