ERIC Number: ED082273
Record Type: RIE
Publication Date: 1973
Legal Aspects of Educational Choice: Compulsory Attendance and Student Assignment. ERIC/CEM State-of-the-Knowledge Series, Number Twenty-five. NOLPE Second Monograph Series on Legal Aspects of School Administration, Number Four.
Alexander, Kern; Jordan, K. Forbis
In this monograph, the author examines the often controversial area of compulsory attendance, its philosophy and implementation. Through various case histories, the State's power vs the fundamental rights of individuals is studied at length. Litigations are reviewed in which a 3-way balance was sought among the State's interest, the child's interest, and the parents' interest. Statutory provisions affecting school attendance and student assignment and placement are outlined, and early compulsory attendance laws are examined to illustrate the progression towards achieving this balance. Tables and appendixes enable the reader to compare the approaches of the various 50 States to the subject of compulsory attendance, revealing the existence or nonexistence of such laws themselves and listing the penalties for noncompliance, where such laws are actually in effect. Alternatives and exemptions to compulsory attendance are also discussed. In this area, the historic Wisconsin vs Yoder case is reviewed -- a litigation in which Amish parents successfully contested the State's power to require the school attendance of their children past the eighth grade. Cases involving similar exemptions because of religion, marriage, mental or physical incapacity, distance from school, or work permits are also studied in detail. (Editor/EA)
Descriptors: Attendance, Civil Liberties, Compulsory Education, Court Litigation, Religious Factors, School Attendance Legislation, Student Placement, Surveys
National Organization on Legal Problems in Education, 825 Western Avenue, Topeka, Kansas 66606 ($3.50)
Publication Type: N/A
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.; ERIC Clearinghouse on Educational Management, Eugene, OR.