How Homeschooling Disrupts the Legal Definition of Public Education and What that Means for Government Regulation

This post reviews Robert Kunzman, “Education, Schooling, and Children’s Rights: the Complexity of Homeschooling” in Educational Theory 62, no. 1 (February 2012): 75-89.

Kunzman, as readers of this blog know very well, is one of the leading scholars currently working on homeschooling.  He is author of the important book Write These Laws on Your Children: Inside the World of Conservative Christian Homeschooling; he’s written many articles on homeschooling; and he maintains a helpful site that catalogs homeschooling research here.

A couple of years ago I reviewed an earlier piece by Kunzman on government regulation of homeschooling that dealt with some of the same themes he addresses here.  Back then Kunzman argued against various kinds of government regulations, concluding that only tests evaluating a homeschooler’s grasp of basic literacy and numeracy should be mandated.

This current article is a bit more theoretical.  It aims not so much to set out an explicit policy proposal as to argue for why certain domains should be considered legal rights (and thus be scrutinized by the government) while other, perhaps equally important domains, should not.

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Constitutional Principles and Homeschooling

This post reviews Linda Wang, “Who Knows Best? The Appropriate Level of Judicial Scrutiny on Compulsory Education Laws Regarding Home Schooling” in Journal of Civil Rights and Economic Development, 25 (Winter 2011); 413-448.

Wang, a recent J.D. from St. John’s University School of Law, here seeks to make sense of the conflicting and hazy Constitutional principles at play in cases regarding homeschooling law and liberty.

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Who’s in Charge of Kids? Parents? Kids? The State?

This post reviews Courtenay E. Moran, “How to Regulate Homeschooling: Why History Supports the Theory of Parental Choice” in University of illinois Law Review, 2011, no. 3 (2011): 1061-1094. [Available Here]

Moran, a J. D. candidate at the University of Illinois College of Law and former homeschooler himself, here offers an ambitious, historically-grounded legal argument for the viability of limited goverment regulation of homeschooling.

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What Would Happen if Homeschooling was Abolished to Integrate Schools?

This post reviews Consuelo Valenzuela Lickstein, “Race and Education at a Crossroads: How Parents Involved in Community Schools v. Seattle School District No. 1 and Wisconsin v. Yoder Shed Light on the Potential Conflict Between the Black Homeschooling Movement and K-12 Affirmative Action Programs” in The Journal of Gender, Race and Justice 13 (Spring 2010): 835-857.

Lickstein, an associate at Choate Hall and Stewart LLP and recent graduate of University of Iowa College of Law, here presents an interesting thought experiment about homeschooling and diversity in public schools.

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Are Homeschooling Regulations Too Lax? Are they Constitutional?

This post reviews Timothy B. Waddell, “Bringing it all Back Home: Establishing a Coherent Constitutional Framework for the Re-Regulation of Homeschooling” in Vanderbilt Law Review, 63, 541-598. [Available fulltext here]

Waddell, a recent graduate from Vanderbilt Law School and now a clerk for the U.S. District Court of Alabama, here presents a constitutional argument for increased regulation of homeschooling and much else besides.

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Olsen on the Constitutionality of Homeschooling

This post reviews Chad Olsen, “Constitutionality of Home Education: How the Supreme Court and American History Endorse Parental Choice” in Brigham Young University Education and Law Journal 2 (2009): 399-423

Olsen, a law student at BYU’s J. Reuben Clark Law School, here provides a fascinatingly detailed, though flawed, analysis of the famous In re Rachel L. case, the 2008 California Court of Appeals decision that unleashed a national outcry by finding that California law did not permit homeschooling.   

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