Compulsory Education [microform] : An Overview of the Law / Jerry C. McGee
- Bib ID:
- 5482663
- Format:
- Book and Microform
- Author:
- McGee, Jerry C
- Description:
-
- [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1987
- 14 p.
- Summary:
-
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)
- Notes:
-
- Practitioners.
- May also be available online. Address as at 14/8/18: https://eric.ed.gov/
- Reproduction:
- Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive.
- Subject:
-
- Civil Liberties
- Compulsory Education
- Court Litigation
- Elementary Secondary Education
- Home Schooling
- Legal Problems
- Private Education
- Public Schools
- School Attendance Legislation
- School Law
- Supreme Court
- Delaconte v State of North Carolina Ellis v O Hara First Amendment Pierce v Society of Sisters Stephens v Bongart Wisconsin v Yoder
- Genre/Form:
- Reports, Descriptive
- Available From:
- ERIC
- Copyright:
-
In Copyright
You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.
- Reason for copyright status:
- Until 2065 [Created/Published Date + 70 Years]
Copyright status was determined using the following information:
- Material type:
- Literary, dramatic or musical work
- Published status:
- Published
- Publication date:
- 1995
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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