School board members should undertake thoughtful and informed deliberations on the issues involved in home schooling. (MLF)

Legal battles are being waged over standards and regulations governing home schooling. Boards of education are advised to work out any accommodations they can with parents but to be prepared to consult with the school attorney. (MLF)

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…

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.…

To provide information about legal decisions on home-based private education programs, court cases decided since 1980 and the courts' analyses of constitutional issues raised during litigation are summarized. The memorandum discusses cases that involved challenges to the constitutionality of state home schooling regulations and are based on: (1)…

This paper examines issues related to the provision of special education services by public schools to students in private, parochial, or home school settings and offers guidelines for local education agencies. First, the paper reviews federal statutory and regulatory obligations, particularly those under the Individuals with Disabilities…

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…

This paper, the third in a series, explores some of the implications of compulsory education for public schools, private schools, and home instruction. Based on prior studies and on interviews with 120 education leaders in 15 states, the paper reviews compulsory education policies throughout the nation. It concludes with a recommendation that…

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)…