British standards governing school attendance have been modified and strengthened by the 1993 legislation. The required education may be received outside the public school system, but alternative schools in the private sector remain subject to control or regulation. (77 footnotes) (MLF)

Addresses the litigation giving rise to the right to home school and the emerging right of home-schooled children to attend public schools on a part-time basis. At present, the courts seem unwilling to allow families to use religion to first argue their way out of the public system and then turn around and use the same argument to get back in on a…

Many parents demand the right to instruct their children at home regarding sexual issues, while educators want the right to be honest and forthright with their students. Homosexuality is a highly emotional issue, and people are divided as to whether discussions about it have a place in the classroom. Examines several court battles. (MLF)

Dissatisfaction with the previous special-education appeals system led Britain to adopt the 1993 Education Act, which created the Special Needs Tribunal (SENT). The tribunal aims to provide consistency of treatment within and among local education authorities and to avoid the confusion caused by varying and inconsistent LEA policies and decisions.…

In "Mozert," fundamentalist parents claim that the reading curriculum interfered with their right to transmit religious values to their children. The district court fashioned an excusal scheme; however, the Sixth Circuit reversed this decision. Reviews the facts, analyzes points of law left unresolved, and discusses the broader…

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…

In response to an article by Hugh Breyer in 1991 in this journal, discusses the U.S. Supreme Court's ruling in "Employment of Oregon Department of Human Resources v. Smith" that the peyote religious service was not constitutionally protected and explains its implications for cases like "Mozert v. Hawkins Public Schools." (31…

Reviews history of the rights of parents to control the education of their children from colonial times to present (includes the development of case law). English and American common law recognizes parents' natural right to control their children's education. Concludes that, as long as academic standards are satisfied, a child's education should…

Allowing children to participate in special education decision-making only at the discretion of their parents and the school system deprives them of any meaningful involvement and expression of their own concerns. Outlines models for involving children in such decision-making and giving them more meaningful roles in planning their educational…

Contends that a constitutionally grounded fundamental right of privacy protecting parental choice of home education is built on a reasonable construction of existing Supreme Court case law and a reassessment of state interests vis-a-vis the parental right of privacy. (147 references) (MLF)

Addresses the problem of disclosure of sensitive information contained in special-education records and proposes a number of measures school districts can take to protect the confidentiality of general student records. (77 footnotes) (MLF)

The 1997 Amendments to the Individuals with Disabilities Education Act (IDEA) give parents an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of their children. This article discusses parental involvement under the IDEA, specifically as it relates to methodological issues. (123…