In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…

The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a…

Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant…

Although many may be surprised at the growth of homeschooling during the past few decades, the real surprise is probably how that growth happened and that it continues. Home school advocates and practitioners have succeeded despite a lack of funding, recruiting efforts, publicity, and grant money from philanthropic billionaires. They have faced…

Millions of children in the United States are educated in the home. Millions more receive their education from private institutions. For parents, a common reason for seeking alternatives to public education is the desire to ensure that they receive instruction in accord with their religious beliefs. In many cases, these beliefs include exclusive…

The article presents the legal situation of home education in Germany as a multi-level problem touching upon German constitutional law, State (Länder) constitutional law as well as administrative law, and the liberties of the European Convention of Human Rights. Whereas the parents' right to care for their children is explicitly granted by German…

Proponents of "homeschooling" routinely claim it is legal for parents to rear their children as they see fit. This view ignores the "parens patriae" doctrine--the primary legal basis for the judicial regulation of custody and the legislative enactment of compulsory schooling laws for the benefit of all children. This article…

Education is both a right and a responsibility. International instruments such as the "International covenant on civil and political rights" and the "International convention on the rights of the child" affirm the right of all children to education. This right is spelt out in the education legislation of all states and…

States have the ability to regulate cyber charter schools just as they regulate traditional schools, private schools, and homeschooling. The situation becomes trickier in terms of religion. In homeschool settings, parents have the right to deliver religious education to their children. Under "Zelman v. Simmons-Harris" (2002), a cyber charter…

Homeschooling has developed from a small, isolated, parent-led effort to a vibrant national movement to lobby for and legalize K-12 education at home in all 50 states. Although a majority of homeschool families are Evangelical Christians, the others come from a variety of religious and nonreligious backgrounds, giving homeschooling a broad…

This study examines the educational implications of the shift in economic livelihood in a Ohio Amish community since a landmark 1972 Supreme Court decision paved the way for control of their schools. The clash between tradition and economic pragmatism, and their multiple interpretations, has led to diverse educational pathways, including public…

In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.