ERIC Number: ED168174
Record Type: RIE
Publication Date: 1978-Dec-14
Reference Count: 0
Overview of Constitutional Developments Affecting Individual and Parental Liberty Interests in Elementary and Secondary Education.
Valente, William D.
In the midst of a trend toward uniformity of education, parents, teachers, community groups, and government groups are struggling for control over what that education shall be. Regarding problems concerning religious and ethical education, the courts' interpretations of the establishment clause ultimately conflict with interpretations of the free exercise clause. Case origins of contemporary constitutional guidelines regarding parental rights over a child's religious education concern state regulations of private schools, prayer, Bible-reading, and evolution cases in public schools, and financial aid to religious schools. Parents who are not satisfied with public education have two real options--attempting to control and influence the public schools or pursuing alternative education at home or in private schools. Parents' ability to influence their child's public schooling is limited both by law and by practical considerations, as evidenced by court cases regarding the teaching of evolution or sex education, a child's exposure to sexually explicit or offensive material, and parents' right to determine a program for their handicapped child. Parents who pursue alternative nonpublic education have problems evidenced by court cases regarding state regulation of private schools. Parents who choose home instruction confront state laws concerning what constitutes instruction equivalent to that of public schools. (Author/JM)
Descriptors: Accreditation (Institutions), Constitutional Law, Court Litigation, Elementary Secondary Education, Ethical Instruction, Home Instruction, Home Schooling, Nontraditional Education, Opinions, Parent Influence, Parent Role, Parent School Relationship, Religious Education, Speeches, State Church Separation, State Standards
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: State Regulation
Note: Paper prepared from an address delivered to the Lawyers' Clinic on Parental Liberty in Education (Washington, D.C., December 1978)