ERIC Number: ED370211
Record Type: RIE
Publication Date: 1994
The Law of Home Schooling. NOLPE Monograph Series, No. 52.
Gordon, William M.; And Others
The number of parents who have chosen to educate their children at home has increased dramatically in recent years. Moreover, although less than one percent of school-aged children in the United States are schooled at home, a combination of judicial challenges and legislative activism have allowed advocates of home schooling to make major advances. In fact, the number of states with statutes explicitly permitting home schooling grew from two in 1982 to thirty-two at the close of 1993; two other states govern home schooling by regulations. After a brief historical overview, "The Law of Home Schooling" presents legal analyses. Given the interplay between litigation and legislation, these analyses focus primarily on case law based on the assumption that any statute or regulation is valid until it is challenged and found lacking. The final section of the monograph offers suggestions to help ensure compliance with the law even where regulations, rules, or policies are not completely clear. Thus, by carefully considering the constraints noted in "The Law of Home Schooling," school district officials can work effectively with families that have decided to engage in home schooling and should thereby be able to protect the rights of the real stakeholders in securing an education, the children. (Author)
Descriptors: Compliance (Legal), Court Litigation, Educational Legislation, Elementary Secondary Education, Home Schooling, School Law, State Legislation, State Regulation
National Organization on Legal Problems of Education, 3601 S.W. 29th Street, Suite 223, Topeka, KS 66614.
Publication Type: Opinion Papers
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.