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…

Examines state laws and the actions of various courts on home instruction and unauthorized educational programs. Suggests reforming the regulation of private education through legislative action that requires periodic testing as an alternative to compulsory school attendance. (Author/MLF)

This paper examines five selected court cases concerning state control over private home education. According to the author, the cases were selected on the basis of their relevancy to the subject, but no attempt was made to ascertain their representativeness. The cases discussed include State v. Peterman, Wright v. State, People v. Turner, and…

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…

Based on the alleged growth in the number of families seeking unapproved alternative schooling arrangements, this paper reviews related state legislation and court litigation. Both home schooling and small, unapproved private schools are discussed. According to the paper, in virtually every state, enforcement of minimum standards for private…

The range of nonpublic schools in the United States is considerable, from home instruction by parents to prestigious private schools, with or without religious affiliation. The continuing growth in nonpublic education can hardly be blamed on a disenchantment with or an apathy toward public schools; the central common denominator is a basic concern…

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,…

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 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…

This document presents the September 2004 issue of the Council for American Private Education's (CAPE's) newsletter. Articles in this issue include: (1) Students' Views of High School Vary by Type of School; (2) Action Needed Now on Title V; (3) Survey Looks at Teens--Online and Off; (4) Report Examines Teacher Turnover; (5) School Choice Setback…

Formatted in a question-and-answer style, this book is intended to provide a survey and overview of the federal law governing the placement of students with disabilities. It explores the procedural and substantive requirements of the placement process and addresses the most common concerns that arise in this area of special education law. The…