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…

Discusses three federal cases: "Hall v. Board of School Commissioners of Mobile County, Alabama," involving distribution of union literature in school; "Board of Education of Rogers, Arkansas, v. McCluskey," regarding student discipline policies; and "Duro v. District Attorney, Second Judicial District of North…

Details the story of John Singer, who resisted Utah State directives regarding the education of his children for six years, and subsequently was shot to death in a confrontation with law enforcement officers in January 1979. Suggests that the State of Utah had little real concern for the Singer children but was interested only in confirming its…

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…

Neil Devins, in part 1 of this chapter, discusses state regulation of home instruction. A different perspective on this subject is presented by Perry A. Zirkel in part 2. Parents have claimed that state regulations deprive them of their right, protected by the due process clause of the Fourteenth Amendment, to direct their children's upbringing.…

The controversy over whether parents should have the right to determine in detail the type and scope of their children's education harks back to colonial times and has been manifested more recently in court cases considering home instruction in lieu of public school attendance. This first chapter of a book on school law objectively examines both…

This paper reports on a study that examines legal and policy issues surrounding access to public-school extracurricular activities for home-school students. Chapter 1, "The Problem and Its Background," reviews such relevant issues as the history of choice in America and Illinois, legal foundations, regulatory disparities, research…

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)

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…

The 1977 court case of a Nebraska home school that was not accredited and not approved by the Department of Education is reviewed and the State's position summarized. Nebraska regulations for exempting schools from accreditation requirements are explained. Comments are made on trends in home schools and private education in Nebraska. (PS)

To provide information about legal decisions on home-based private education programs, court cases decided since 1980 and the courts' analyses of constitutional issues raised during litigation are summarized. The memorandum discusses cases that involved challenges to the constitutionality of state home schooling regulations and are based on: (1)…

The nationwide phenomenon of home instruction is meeting resistance from state compulsory school attendance laws, resulting in many court cases in recent years. Parents who choose to teach their children at home may do so on moral or religious grounds, or because they consider public schools too conservative or traditional. State compulsory…

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…

Dissatisfied with the performance of government-run schools, more and more American families have begun teaching their children at home. Estimates of the number of homeschooled children vary widely; the best estimate is 500,000 to 750,000, but some estimates range up to 1.23 million. All observers agree that the number has grown rapidly over the…

In December 1991, the South Carolina Supreme Court ordered the State Board of Education to stop using the Education Entrance Examination (EEE) for licensing parents who want to teach their children at home. In ruling that the test's validation process did not meet a standard of reasonableness, the Court established a significant precedent for test…