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

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)

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)

Many parents critical of public education have removed their children from public schools and are schooling them at home. Home schooling has generated a number of lawsuits. Controversies have arisen over the definitions of "school" and of "equivalent instruction," parents' qualifications to teach, and religious exemptions from…

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 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)

This chapter discusses the issues involved in home education as they relate to state compulsory school attendance laws. The authors first examine the purpose and context of compulsory attendance, then the public or private school alternatives. The statutory and case laws providing for home education are explored and some of the constitutional…

State attendance laws that provide for home instruction typically specify (1) home instructor qualifications; (2) curriculum; (3) amount of daily instructional time; (4) number of instructional days during the year; (5) required standardized tests; and (6) parental reports to verify legal compliance. Reviews court decisions and state legislation.…

Reviews history of the rights of parents to control the education of their children from colonial times to present (includes the development of case law). English and American common law recognizes parents' natural right to control their children's education. Concludes that, as long as academic standards are satisfied, a child's education should…

Reviews state policies regulating private education and home instruction that limit parental choice in education. Criticizes judicial response to parental challenges, suggesting that parental interests have been underprotected and state interests have been overprotected. Suggests reasonable bases for state intervention. (FMW)

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…

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…

Contends that a constitutionally grounded fundamental right of privacy protecting parental choice of home education is built on a reasonable construction of existing Supreme Court case law and a reassessment of state interests vis-a-vis the parental right of privacy. (147 references) (MLF)

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…

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…