ERIC Number: ED285249
Record Type: Non-Journal
Publication Date: 1987-Jul-20
Pages: 14
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Compulsory Education: An Overview of the Law.
McGee, Jerry C.
State compulsory attendance statutes require parents and legal guardians to see that children are educated. Although courts have consistently upheld such statutes, the nature of these filings has changed. Whereas early-day legal action usually sought to protect the rights of some select group from constitutional infringement, more recent suits have sought to protect individuals desiring to teach their children at home. This paper discusses the new emphasis by providing a historical perspective tracing legal precedents and summarizing recent litigation. Court decisions through the 1970's usually sought to protect select groups from unconstitutional infringement of their rights. These include "Pierce v. the Society of Sisters" (1925), upholding children's right to attend private schools, and "Stephens v Bongart" (1937), compelling children to attend more formal schools (public or private), rather than receive home instruction or "equivalent education" for grades 1 through 8. In the landmark "Wisconsin v. Yoder" case, the U.S. Supreme Court upheld Amish parents' right, on First Amendment grounds, to terminate their children's public school attendance beyond the eighth grade. Recent litigation demonstrates much less balance and consistency, as may be seen in summaries of three southern cases. The courts are now paying closer attention to specific standards and requirements in compulsory education cases and deciding them on a case-by-case basis. Existing standards have been upheld, and the courts are making state legislatures responsible for defining the key issues. (MLH)
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment
Grant or Contract Numbers: N/A


