A recent United States Supreme Court ruling requires that school staff with contagious diseases be treated like other handicapped employees who may be "otherwise qualified" to continue work under reasonable accommodation. Compulsory education laws are facing court challenges in several states, as parents seek more flexibility in…

The number of parents who have chosen to educate their children at home has increased dramatically in recent years. Moreover, although less than one percent of school-aged children in the United States are schooled at home, a combination of judicial challenges and legislative activism have allowed advocates of home schooling to make major…

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

Here is a book to serve educators from all types of schools in either pre-service or professional development that is designed as a text for master's and licensure (post-master's) level. This book covers all the relevant issues in school law: (1) The legal system; (2) The federal and state role in education; (3) Church-state relationships; (4)…

Revisits a few school-law cases analyzed in the journal's "Courtside" column that were either reversed or substantially modified on appeal. Cases deal with student expression, special education, home schooling, curriculum-related issues, employee rights, and higher education. Discusses lessons learned from update of these cases. (Contains 32…

Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. This paper explores the various factors behind its success and resiliency against antagonistic social and political pressures. In the early…

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)

Although their perspectives differ, this volume's contributors agree that the home schooling movement offers an intriguing critique of traditional education. While nationally publicized school improvement measures call for increased bureaucratization, professionalism, and standardization, a growing number of families are choosing to forego…

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…

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)