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homeschooling

Before the beginning of American public schools in the mid-19th century, home schooling was the norm. Founding father John Adams encouraged his spouse to educate their children while he was on diplomatic missions (Clark, 1994). By the 1840's instruction books for the home were becoming popular in the United States and Britain. The difficulty of traveling to the system of community schools was provoking detractors.

At this time, most of the country began moving toward public schools (Clark, 1994). One of the first things early pioneers did was set aside a plot of land to build a school house and try to recruit the most educated resident to be the schoolmarm. This led to recruiting of graduates Eastern Seaboard colleges to further the education oftheir children beyond what they could do at home (Clark, 1994).

As the popularity of the public school movement began to rise behind Horace Mann many states soon passed compulsory-education laws. These were designed primarily to prevent farmers, miners, and other parents form keeping their kids home to work (Clark, 1994). Ironically another factor behind public schools was the desire to use them to spread Christian morality, with its concern for the larger good over individu


The most recent court decisions provide consistent continued confirmation of the Yoder decision. In Howell v. State (1986), Texas' intermediate appellate court rejected Yoder protection for parents who argued that their religious conviction was to educate their children at home (Richardson, Zirkel, 1991). In State v. Schmidt (1987), the Ohio Supreme Court held that the state's explicit-exceptions statute, which requires that home education programs be approved by the local superintendent, did not violate the free exercise clause.

In Scoma v. Chicago Board of Education (1974), Blackwelder v. Safnauer (1988), and Murphy v. State (1988), the courts specifically rejected the contention that the parents had an independent, non religious, fundamental right in educating their children. In Scoma, the parents sought an injunction and declatory judgment to prevent the Chicago Board from interfering with their decision to educate their children at home. Under the Pierce and Yoder test the Illinois federal district court said the statute is reasonable and constitutional (Richardson, 1991).

To be eligible to play athletics a home schooled athlete must apply to the association for a waiver of its initial eligibility rules, submitting documents proving what they were taught at home meet N.C.A.A. standards. Under these standards a home schooled athlete who has sufficiently high standardized test scores and proof that they took at least 13 courses that meet the associations core course standards may be automatically awarded freshman eligibility (Blum, 1996).

In Wisconsin v. Yoder, the Amish parents claimed that high school attendance was destructive to their children's religious beliefs and would interfere with their pursuit of the Amish way of life (Fisher, Schimmel, and Kelley, 1995).

In many of the home instruction cases' parents have removed their children from school for religious reasons. These parents argue that they have a highly protected First Amendment freedom to educate their children according to their religious percepts and values.

In a related Michigan case, People v. Bennett (1983), the State Supreme Court ruling involving home-school families that had been convicted of violating the compulsory education statute, was reversed from he lower courts decision. The State Supreme Court permitted religious home schooling on First Amendment grounds and curbed the power of education officials to review home schooling policies (Clark, 1994).



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Approximate Word count = 1743
Approximate Pages = 7 (250 words per page double spaced)


  

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