This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

Currently, the decision concerning pediatric cochlear implantation for children remains a personal choice for parents to make. Economic factors, educational outcomes, and societal attitudes concerning deafness could result in an increased governmental interest in this choice. This article examines case law related to the issue of parental autonomy…

Discusses changing framework of American education in light of charter-school movement, school choice and voucher programs, and home schooling. Analyzes potential impact on public education of 2000 Supreme Court decision ("Troxel v. Granville"), involving parents' child visitation rights. Concludes that "Troxel" could…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

Outlines important considerations in maintaining legal relationships between the school, pupils, and third parties (including parents). Defines "child" and "parent." Discusses the impact on school personnel of the complex variety of persons and institutions that may claim rights and privileges as "parent" with regard…

Parental rights and state compulsory school attendance requirements are limited by constitutional constraints, as shown in three benchmark cases. The article also cites cases to show the impact of compulsory education laws on home schooling, which is increasing. The state retains the power to impose minimum curriculum requirements. Cites…

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.…

Regarding Catholic parents' suit against a suburban New York district for promoting occult activities, a federal court ruled in May 1999 that parents had failed to prove existence of the so- called Bedford program. This Solomon-like ruling also rejected First Amendment religious claims and 14th Amendment privacy claims. (MLH)