A recent United States Supreme Court ruling requires that school staff with contagious diseases be treated like other handicapped employees who may be "otherwise qualified" to continue work under reasonable accommodation. Compulsory education laws are facing court challenges in several states, as parents seek more flexibility in…

The number of parents who have chosen to educate their children at home has increased dramatically in recent years. Moreover, although less than one percent of school-aged children in the United States are schooled at home, a combination of judicial challenges and legislative activism have allowed advocates of home schooling to make major…

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…

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…

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…

The Capital Area School Development Association, New York, sponsored a school law conference to fulfill a need in the region for school board members and administrators who desire to maintain and improve their knowledge in the area of school law. This document contains the text or outline of the following four presentations: (1) "Preserving…

The chapters in this book contain a comprehensive reference to recent state appellate and federal court decisions affecting the operation and governance of public elementary and secondary schools. The chapters are: (1) "The Use of School Facilities by Student Groups for Religious Activities," (2) "Denial of Standard Diploma to…

A wide variety of contemporary legal issues, involving all levels of public and private education, are addressed in the 20 separate chapters comprising this volume. The titles and authors of the chapters are as follows: (1) Due Process of Law: Loudermill v. Cleveland Board of Education (Hooker); (2) Schools, Technology and the Law (Helm); (3)…