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ERIC Number: EJ893487
Record Type: Journal
Publication Date: 2010-Jul
Pages: 24
Abstractor: As Provided
Reference Count: 34
ISSN: ISSN-1477-8785
Whose Custody Is It, Anyway?: "Homeschooling" from a "Parens Patriae" Perspective
Blokhuis, J. C.
Theory and Research in Education, v8 n2 p199-222 Jul 2010
Proponents of "homeschooling" routinely claim it is legal for parents to rear their children as they see fit. This view ignores the "parens patriae" doctrine--the primary legal basis for the judicial regulation of custody and the legislative enactment of compulsory schooling laws for the benefit of all children. This article challenges claims that "homeschooling" is legal (without qualification) with evidence of the continuing vitality of the "parens patriae" doctrine in two North American jurisdictions. In New York and Ontario, where "homeschooling" is not statutorily prohibited, the state through its legislative and judicial organs continues to limit the custodial authority of "homeschooling" parents on the ground that children's independent welfare and developmental interests include exposure to public formative influences. (Contains 29 notes.)
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Canada; New York