Home Education: Legal and Beneficial Essay

2301 Words 10 Pages

Home Education: Legal and Beneficial

Formal Outline
Thesis: As parents, we not only have the right to educate our own children, but it is also our responsibility.
I. Introduction
II. Legality of homeschooling
1. Amendments
a. 1st
b. 14th
c. 9th
2. Cases heard in court
3. State regulations
a. teacher certification
b. public school equivalency
c. compelling state interest
d. least restrictive means
III. Benefits
1. Emotional
2. Spiritual
3. Educational
IV. SOCIALIZATION – the main opposing argument
1. Opportunities for in homeschooling
2. Negative in public (or private) schools
3. Results of testing conducted
V. Not a new fad, back to the way we were
1. Notables who were
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Wisconsin v Yoder in 1972, which took place in the Supreme Court, interpreted the 1st Amendment in support of religious reasons to homeschool. The court decided that “the Yoders’ First Amendment right to the free exercise of their religion overcame the state’s interest in mandating that every child attend school” (Guterson 86). Because 80% of homeschoolers are Christians, the 1st Amendment has been an essential support of the movement. The first amendment gives every American the right to worship, which includes training children in any religion deemed worthy by the parents. In 1981, the courts extended the interpretation to include philosophical reasoning as well as religious reasoning. The court decision from In re Falk determined that a parent’s philosophy gives that parent the right to withhold his or her children from public schooling (90).
Another amendment in support of homeschooling is the 14th Amendment. Section 1 states that no state can make a law to “abridge the privileges or immunities of citizens of the United States ; nor shall any state deprive any person of life, liberty, or property, without due process of law” (US Constitution). The first important court case dealing with homeschooling took place in 1925 in Oregon . The court decision from Pierce v Society of Sisters interpreted the 14th Amendment in favor of homeschooling:
The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to

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