ERIC Number: ED298629
Record Type: RIE
Publication Date: 1988
Compulsory Attendance vs. Home Instruction.
McGee, Jerry C.
Most states require compulsory attendance of students through age 16. Challenges to the compulsory attendance laws often derive from disputes between parents and school officials over home instruction. This paper reviews prominent court cases that address legal issues pertaining to home schooling. The landmark case of "Pierce v. Society of Sisters" (1925) clearly established the right to send children to private, rather than public, schools. Since then, many states have addressed the issue of home education and most of the courts have held that home schooling does not constitute a private school. While many of the litigants have sought exemption from compulsory attendance on religious grounds, others have done so for educational reasons, and in a few of these cases, parents have prevailed. Nevertheless, in more recent cases of this type, parents have failed to convince the courts to grant them exemptions. These cases collectively suggest that parents have the right to control the education of their child, while the state has the obligation to force the parents to accept this responsibility. (TE)
Publication Type: Opinion Papers
Education Level: N/A
Authoring Institution: N/A