Feeds:
Posts
Comments

Archive for the ‘Homeschool Law’ Category

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…)

Read Full Post »

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…)

Read Full Post »

Record: Yvona Kostelecká, “The Legal Status of Home Education in Post-Communist Countries of Central Europe” in International Review of Education 58, no. 4 (August 2012): 445-463.

Summary:  Kostelecká, on the faculty of education at Charles University in Prague, Czech Republic, and author of a fine 2010 piece on home education in the Czech Republic, here expands her scope to five post-communist states in Central Europe: the Czech Republic, Slovakia, Slovenia, Poland, and Hungary. (more…)

Read Full Post »

Record: Marcia Clemmitt, “Home Schooling: Do Parents Give their Children A Good Education?” CQ Researcher 24, no. 10 (7 March 2014), pp. 217-240. [Available Here]

Summary:

The CQ Researcher has long been an influential publication, especially among politicians and others connected to the United States Congress.  Clemmitt is a veteran journalist who has provided in-depth analysis of several educational issues in the past.  She brings her wide experience and the publication’s resources together here on the topic of homeschooling. (more…)

Read Full Post »

Record: Roger Marples, “Parents’ Rights and Educational Provision” in Studies in the Philosophy and Education 33, no. 1 (January 2014): 23-39.

Summary:  Marples, a Principal Lecturer in Education at University of Roehampton in London, here makes a spirited argument against the legitimacy of non-government schooling in all but the most extreme circumstances.

Marples begins by asserting that the claims of parental “rights” go back to Lockean notions of property rights and to claims by philosophers like Robert Nozick and Charles Fried that the child is an “extension” of the parent.  Marples disagrees.  For him, “treating children as mere appendages to their parents is both to disrespect and undermine their moral status.” (p. 24) (more…)

Read Full Post »

Record: Elizabeth Richardson, “Homeschooling Laws (or Lack Thereof) in New Jersey–Are Children Slipping Through the Cracks?” in Journal of Law and Education 42, no. 1 (Winter 2013): 173-181 [Abstract Here]

Summary: Richardson, a law clerk at Lynch, Cox, Gilman, and Goodman in Kentucky, here summarizes and comments on New Jersey homeschooling law.  New Jersey law states that parents or guardians must cause children between ages 6 and 16

regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school.

What does “equivalent instruction elsewhere” mean? In 1967’s State v. Massa decision (more…)

Read Full Post »

Record:  María J. Valero Estarellas, “The Long Way Home: Recent Developments in the Spanish Case Law on Home Education” in Oxford Journal of Law and Religion (2013): 1-25. [Available here].

Summary:  Estarellas, a professor at Centro Universitario Villanueva, Universidad Complutense de Madrid, here summarizes recent case law pertaining to home education in Spain.  In 2010 the Spanish Constitutional Court handed down a major decision that is having a transformative impact on home education cases around the country. (more…)

Read Full Post »

Older Posts »