There can be a natural conflict between home schoolers and the school district's attempt to restrict their freedom. Home schooling is an age-old educational method that was primarily utilized by parents seeking to teach their own children at home in order to restore traditional values and bring what they perceived to be an order to the family.…

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…

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.…

This court litigation reverses Farris and Black of Home School Legal Defense Association v. South Carolina State Board of Education, which found that the Education Entrance Examination (EEE) was properly validated for use in testing home school instructors as regulated by S. C. Code Ann. Section 59-65-40(A)(1)(a)(1990), the home schooling statute…

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…

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…

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…

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)

The U.S. Supreme Court has ruled that a state law compelling a child's attendance at a public school constitutes a violation of the parent's liberty interest under the 14th amendment. In Canada, however, courts have held that their equivalent to the 14th amendment does not encompass the liberty of parents to choose how to educate their children.…

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…