Home instruction issues involve state laws' implicit or explicit allowance or disallowance of alternative instruction as well as their procedural requirements and their criteria for academic equivalence. Attempts to change laws are being made in Nebraska and Indiana. South Carolina and New Jersey have developed guidelines for home schooling. (RW)

Participation in sports, in some instances, is considered a right which grants students the opportunity to be involved in extracurricular activities. Discusses the potential violation of home-schooled students' constitutional due process and equal protection rights and the pertinent laws regarding students and their ability to participate in…

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 controversy over whether parents should have the right to determine in detail the type and scope of their children's education harks back to colonial times and has been manifested more recently in court cases considering home instruction in lieu of public school attendance. This first chapter of a book on school law objectively examines both…

In "State v. Riddle," the West Virginia Supreme Court held illegal a family's religion-based home instruction of its children because, among other reasons, the family was not part of a self-sufficient religious community and had not followed state procedures on home schooling. Tells how to use legal citations. (RW)

Cases arguing about the use of school facilities by religious groups continued to increase in number in 1990; however cases involving home instruction and student searches declined. In the school desegregation section, the financing of desegregation plans occupied the attention in most cases. Increasingly, desegregation cases focus less on…

Cases involving searches of public school pupils in order to obtain evidence of drug sales or use, and litigation challenging the punishments meted out to students found with drugs, continued to occupy the attention of courts in 1989. Also continuing a trend seen in previous years, religion-based challenges to state regulation of both home…

Court decisions in 1988 expanded the power of school boards to set policies regarding the operation of the public schools. Cases are discussed under the following sections: (1) public school assignment, tuition, transportation, home instruction, and compulsory attendance; (2) private and parochial schools; (3) substantive rights of students,…

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 sharp increase in the number of cases that involve school antidrug policies continued in 1987. Courts continued to support school policies that contain an automatic suspension or expulsion penalty for school drug possession. First Amendment religious cases also continued to increase in number. A new grouping of cases under the heading…

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)…