ERIC Number: ED335750
Record Type: RIE
Publication Date: 1990-Nov-21
Recent Court Cases Examining the Constitutionality of Other States' Laws Regulating Home Schools. Wisconsin Legislative Council Staff Information Memorandum 90-23.
Henkel, Jane R.
To provide information about legal decisions on home-based private education programs, court cases decided since 1980 and the courts' analyses of constitutional issues raised during litigation are summarized. The memorandum discusses cases that involved challenges to the constitutionality of state home schooling regulations and are based on: (1) the free exercise of religion and right to direct a child's education; (2) the right to equal protection of the law for home schooling and private schools under the 14th Amendment; (3) the right to an impartial decision maker in deciding home-schooling program validity; (4) the prohibition against the establishment of religion under the First Amendment; (5) the privilege against self-incrimination under the Fifth Amendment; (6) the prohibition against unreasonable searches imposed by state regulations; and (7) due process rights related to vagueness of language and improper delegation of authority in the regulations. Four appendices provide more detailed information about individual cases and then summarize them to discuss their constitutionality in terms of home-schooling program approval, instructor qualifications, standardized testing, on-site inspections, and decisionmakers. (EJS)
Publication Type: Legal/Legislative/Regulatory Materials; Information Analyses
Education Level: N/A
Authoring Institution: Wisconsin State Legislative Council, Madison.