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Archive for the ‘Homeschool Law’ Category

Record: Rachel R. Hadrick, “Slippery Rock Area School District v. Pennsylvania Cyber Charter School: A Fight on the School-Funding Playground” in Widener Law Journal 22, no. 2 (2013): 289-305.

Summary: Hadrick, now an Associate at the law firm McNees, Wallace, and Nurick, graduated from the Widener School of Law in 2013.  Here she summarizes and evaluates the 2011 Pennsylvania Supreme Court case Slippery Rock Area School District v. Pa. Cyber Charter School.

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Record: Kathleen B. Cook, Katie E. Bennett, Justin D. Lane, and Theologia K. Mataras, “Beyond the Brick Walls: Homeschooling Students with Special Needs” in Physical Disabilities: Education and Related Services, 32 (2), (2013): 90-103. [Available Here]

Summary: Kathleen B. Cook, Katie E. Bennett, Justin D. Lane, and Theologia K. Mataraswere all students in the Department of Communication Sciences and Special Education at the University of Georgia. In this article they summarize the research related to homeschoolers with special needs, a population that has increasingly recognized the viability of homeschooling in recent years.

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Record: Mary Sue Backus and Hayley Jones, “Solution or Siren Song? The Lure of Virtual Charter Schools” in The Oklahoma Bar Journal (2015). [Available Here]

Summary: Backus is a professor and Jones is a former student from the University of Oklahoma College of Law. Interestingly, both are former educators. In this article they look at the legal code and effectiveness of virtual charter schools in Oklahoma.

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Record: Carmen Green, “Educational Empowerment: A Child’s Right to Attend Public School” in The Georgetown Law Journal, 103, (2015): 1090-1133. [Available Here]

Summary: Carmen Green is a student at Georgetown Law. In this article she explores the issues of abuse and neglect among the homeschool community and whether children have a legal right to attend public school, even if the parents choose to homeschool them.

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Record: Anat Gofen, “Reconciling Policy Dissonance: Patterns of Governmental Response to Policy Noncompliance” in Policy Sciences 48, no. 1 (2014): 3-24. [Abstract]

Summary: Gofen is a lecturer at The Federmann School of Public Policy and Governanceas part of The Hebrew University of Jerusalem. In this article she presents four patterns of governmental response to public noncompliance in the context of homeschooling and several other examples.  (more…)

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Record: Rachana Bhatt, “Home is Where the School Is: The Impact of Homeschool Legislation on School Choice” in Journal of School Choice 8, no. 2 (2014): 192-212. [Abstract Here]

Summary:  Bhatt, an economics professor at Georgia State University, here presents a sophisticated statistical model to try to determine the degree to which a State’s passage of an explicit law granting homeschooling rights to parents increases the tendency for parents to choose homeschooling. (more…)

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Record: 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.

Summary: Wang, who earned her 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.

There are two basic issues.  First is the 14th Amendment, which says that no state can deprive a person of life, liberty, or property without “due process of law.”  This is the due process clause, which has been used in the ensuing decades to do all sorts of things, from extending the bill of rights to the states to protecting rights that are not explicitly mentioned in the Amendment itself, most notably the “right to privacy.”  It is this right to privacy jurisprudence that is most important for homeschooling law.  Interestingly, it was the cases on birth control and abortion (both of which many homeschoolers renounce) that secured the right to privacy on which constitutional claims for homeschooling rights rests.  Cases like Meyer v. Nebraska, Pierce v. Society of Sisters, and Troxel v. Granville have made it clear that the right of a biological parent to direct the education of his or her child is fundamental, meaning that if a state is going to abridge that right it needs to have a compelling interest for doing so and must do so in the least invasive means possible.  This is called strict scrutiny, and it is the highest threshold possible for government infringement of individual rights.

The problem is that many, many lower court decisions have validated compulsory education laws, which infringe on parental homeschooling freedoms, at lower levels of scrutiny (often called “rational basis” or “intermediate scrutiny”).  Why?  Because the same Supreme Court that declared parenting a fundamental right has also declared on many occasions that public school laws are valid forms of “reasonable relation.”  The Supreme Court ITSELF has not applied strict scrutiny to compulsory school laws despite its own holding that parental rights are fundamental. (more…)

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