Addresses the litigation giving rise to the right to home school and the emerging right of home-schooled children to attend public schools on a part-time basis. At present, the courts seem unwilling to allow families to use religion to first argue their way out of the public system and then turn around and use the same argument to get back in on a…

There has been a dramatic increase in the number of children being home schooled during the past decade. The history of home schooling and its increasing interrelationship with public schooling are detailed. Demographic information on the home school population, a definition of home schooling, reasons to home school, and beliefs surrounding this…

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…

This paper explores some of the implications of compulsory education for public and private schools and for home schooling. Data were derived from interviews conducted with approximately 120 education leaders in 15 states and with state officials in all states and U.S. territories. Following the introduction, the first part reviews compulsory…

Discusses philosophical arguments relevant to the question of teaching creationism, especially with regard to developments in the debate since the early 1990s. Considers what the relevant differences for the policy question for private, public schools, and home schoolers are. Discusses the main legal arguments that have ruled in the case of public…

Home schooling, practiced as an alternative to both public and private schooling, is on the increase. This booklet provides an overview of the home schooling movement's statistical and demographic background. It also describes the legal context in states across the United States; the advocacy groups that are involved; the reasons why parents home…

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 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…

The lawyer representing "Concerned Women for America" discusses the real issues in the Tennessee Textbook Case, as opposed to the apparent issues. (NKA)

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…