Homeschooling is a time-honored and widespread practice. It often presents, however, a conflict between the constitutional right of parents to direct the education of their children and the State’s right to impose regulations in the interest of ensuring an educated citizenry. The U.S. Supreme Court has made it clear that any regulation impacting this constitutional right must be “reasonable.” Courts have therefore generally resolved homeschooling cases by examining whether State regulation of homeschooling places an unreasonable burden on the rights of parents. The courts, however, have altogether failed to address another, more fundamental question: whether the State regulation, in fact, advances the State interest. A regulation that fails this criterion cannot be “reasonable.” Using a recent California appellate court case that initially upheld a regulation prohibiting parents from homeschooling their children unless they first obtained a state teaching credential, we show how recent social science research should impact the analysis. Instead of assuming away the issue of whether the regulation advances the State interest, we show that empirical research will allow courts to be able to answer this threshold question.1
The Cato Institute was founded in 1977 by Edward H. Crane. It is a non-profit public policy research foundation headquartered in Washington, D.C. The Cato Institute seeks to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets and peace. Toward that goal, the Institute strives to achieve greater involvement of the intelligent, concerned lay public in questions of policy and the proper role of government.
When you've made the decision to homeschool, where do you start? This guide from Sonlight Curriculum explains the pros and cons of a home education lifestyle, offers free resources, and has a How to Start Homeschooling checklist to help you connect with other homeschooling families, create your homeschool vision, and choose curriculum.
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.