In this study we describe a short history of homeschooling in Europe, with particular emphasis on Slovenia and Croatia. We describe the legal frameworks of both countries, with a focus mostly on Slovenia where homeschooling is legal, whilst in Croatia it is not legal. To find out how parents think about homeschooling and especially their thoughts…

Legitimate parental interests need to be distinguished from any putative rights parents "qua" parents may be said to possess. Parents have no right to insulate their children from conceptions of the good at variance with those of their own. Claims to the right to faith schools, private schools, home-schooling or to withdraw a child from…

Home schooling has a long cross-cultural history. Parents who teach their children at home have diverse characteristics and rationales: dissatisfaction with public schools, avoidance of conformity, freedom, or concern for their values. (SK)

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…

Widespread "family abuse" by the child protective services industry and feelings of parental "disenfranchisement" have spawned the Parental Rights Movement and associated legislation. Legislation often focuses on formal recognition that parental rights are fundamental and should be protected from government interference;…

Discusses changing framework of American education in light of charter-school movement, school choice and voucher programs, and home schooling. Analyzes potential impact on public education of 2000 Supreme Court decision ("Troxel v. Granville"), involving parents' child visitation rights. Concludes that "Troxel" could…

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…

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…

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…

The challenge for state boards of education is meeting their obligations to ensure a quality education for all children while considering parents' right to educate their children. The controversy over home instruction can be reduced to a discussion about compelling state interest. This document provides state board members with concise factual…

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.…

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…

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…