Philosophy[ edit ] Children are natural learners[ edit ] A fundamental premise of unschooling is that curiosity is innate and that children want to learn.
Introduction As home education in America continues to grow, the issues facing home educating families continue to evolve as well. One such battle is the question of equal access to public school activities and classes. More specifically, can homeschool students take classes at local public schools?
Can homeschool students play on public school sports teams? Do parents have the right to choose not only to exempt their children from public school, but the right to receive free public education services of their own choosing? The purpose of this analysis is to address the different legal and political issues surrounding the equal access debate.
Access Laws and Legislation Twenty-two states currently require public schools to allow homeschoolers some type of access to classes or sports. Although specific requirements vary from state to state, they generally include: In states that do not have a specific statute or regulation mandating equal access, individual schools and school districts have the authority to determine whether homeschoolers can participate in public school activities.
Policies often vary from district to district. Access Litigation Some non-public 1 school students who reside in states that do not have an equal access law have taken the matter to court.
Several of these cases occurred in the s and early 80s, and homeschoolers have also filed such suits in more recent years. These cases are generally brought against either the school district or the state high school athletic association. Legal Arguments There are several constitutional arguments advanced on behalf of non-public school students seeking part-time public school participation: Denying non-public school students access to part-time classes denies them due process in their property interest in the free public education provided for by state constitutions.
Due Process Clause of the 5th and 14th Amendments. Non-public school students excluded from part-time activities are unjustifiably discriminated against, denying these students their right to equal protection under the law.
Equal Protection Clause of the 14th Amendment. If a student is not enrolled in public school because of a sincere religious belief, his right to the free exercise of his religious beliefs is burdened by the prohibition of access to public school activities.
The courts have routinely rejected these constitutional claims. In addition, courts have ruled that school districts have the right to set the eligibility requirements for participation in school activities.
The courts have found that schools requiring the full-time enrollment of a student are not acting unreasonably. Only one high court Snyder, discussed below has ruled in favor of a non-public school student in an access case.
In that situation, the Michigan Supreme Court merely clarified an existing state statute which allowed private school students shared-time instruction in public schools. In Massachusetts, some homeschoolers have pursued access and won at the trial court level, but because the decisions apply only to the specific districts involved in those cases, other school districts in the state can choose to allow or prohibit homeschooler participation.
United States Supreme Court precedent also works against homeschoolers seeking access. Although the Supreme Court has not directly addressed the issue of home education since Wisconsin v.
In Pierce 2the Court affirmed the right of private schools to exist and operate; it said nothing of any supposed right of private or parochial schools to share with public schools in state largesse, on an equal basis or otherwise. It has never been held that if private schools are not given some share of public funds allocated for education that such schools are isolated into a classification violative of the Equal Protection Clause.
It is one thing to say that a State may not prohibit the maintenance of private schools and quite another to say that such school must, as a matter of equal protection, receive state aid.
Negative court precedents indicate the equal access issue requires a political rather than legal solution. Thus, the most effective way to obtain access for homeschool students is to campaign for equal access laws or school district policies. As discussed below, taking school districts and athletic leagues to court has proven largely unsuccessful.
Extracurricular Activities Litigation Equal access cases break down into two major categories: With cases involving extracurricular activities, the homeschooling family is usually suing the local school district for access to classes like band, higher mathematics, or sciences.
These are classes which typically require more students than the average homeschool has, specialized equipment, or specialized training to teach. In Maryland, an intermediate appellate court ruled that it would be an unreasonable burden on the efficient administration of the public school system to require school districts to allow private school students access to public school programs.
Just two years later, the Supreme Court of Michigan ruled that a private school student could take an extracurricular class in the public school as long as the private school she attended did not offer that class and the class was not a core subject.Demonstrate the ability to apply economic reasoning.
Demonstrate the ability to use the PACED Decision-Making Model. Introduction: Provides an overview to the economic way of thinking, which is the. A school board’s decision to write an equal access policy is rarely free from outside influence.
State departments of education often discourage districts from allowing part-time students access. Most schools in these states have no way of counting part-time students in the enrollment for purposes of receiving state funding.
Online student speech created entirely outside of school is entitled to the same -- or greater -- legal protection from administrative censorship, with students being fully responsible for what they post. Inappropriate student behavior and violation of school rules can have many causes, including an undetected disability, lack of challenging class work, peer conflicts, bullying, emotional problems and a stressful home or community environment.
and City University of New York School of Law student Hannah Kaplan, class of DISCLAIMER The information provided in this guide helps explain the laws affecting the rights of students in school discipline cases in New Jersey, but should not be construed as legal INTRODUCTION.
Tinker v. Des Moines Independent Community School District. No. 21 this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students. There is no indication that the work of the schools or any class was disrupted.
Outside the classrooms, a few students made hostile remarks to the.