In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…

The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…

States have the ability to regulate cyber charter schools just as they regulate traditional schools, private schools, and homeschooling. The situation becomes trickier in terms of religion. In homeschool settings, parents have the right to deliver religious education to their children. Under "Zelman v. Simmons-Harris" (2002), a cyber charter…

Homeschooling has developed from a small, isolated, parent-led effort to a vibrant national movement to lobby for and legalize K-12 education at home in all 50 states. Although a majority of homeschool families are Evangelical Christians, the others come from a variety of religious and nonreligious backgrounds, giving homeschooling a broad…

A recent United States Supreme Court ruling requires that school staff with contagious diseases be treated like other handicapped employees who may be "otherwise qualified" to continue work under reasonable accommodation. Compulsory education laws are facing court challenges in several states, as parents seek more flexibility in…

There can be a natural conflict between home schoolers and the school district's attempt to restrict their freedom. Home schooling is an age-old educational method that was primarily utilized by parents seeking to teach their own children at home in order to restore traditional values and bring what they perceived to be an order to the family.…

Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. This paper explores the various factors behind its success and resiliency against antagonistic social and political pressures. In the early…

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…

The U.S. Supreme Court has ruled that a state law compelling a child's attendance at a public school constitutes a violation of the parent's liberty interest under the 14th amendment. In Canada, however, courts have held that their equivalent to the 14th amendment does not encompass the liberty of parents to choose how to educate their children.…

Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…

Details the story of John Singer, who resisted Utah State directives regarding the education of his children for six years, and subsequently was shot to death in a confrontation with law enforcement officers in January 1979. Suggests that the State of Utah had little real concern for the Singer children but was interested only in confirming its…

Based on the alleged growth in the number of families seeking unapproved alternative schooling arrangements, this paper reviews related state legislation and court litigation. Both home schooling and small, unapproved private schools are discussed. According to the paper, in virtually every state, enforcement of minimum standards for private…

Dissatisfied with the performance of government-run schools, more and more American families have begun teaching their children at home. Estimates of the number of homeschooled children vary widely; the best estimate is 500,000 to 750,000, but some estimates range up to 1.23 million. All observers agree that the number has grown rapidly over the…

Examines issues of home education since 1970 by surveying the home school movement in the broader historical context. The 20-year growth period illustrates the fluid nature of home education as a social movement. Contemporary home schooling is not closely tied to the liberal roots of home education. (SLD)

In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.