Article · Education

Who Decides What a Child Learns: The Constitutional Bargain Behind Homeschooling and School Choice

20 U.S.C. § 1400

Type
Article
Jurisdiction
National
Date
2024-03-20
Topic
Education

American education law rests on a bargain struck in 1925: the state may require that children be educated, but it may not require that they be educated in public schools. This article explains that bargain and everything built on it. It traces the constitutional line from Meyer and Pierce through Yoder and Troxel, and explains what parental rights actually protect and what they do not. It maps the four regulatory models states use for home education and what compliance means under each. It then turns to school choice, tracing the shift from Establishment Clause suspicion to free exercise protection, and closes with the practical questions families and districts actually face.

Who Decides What a Child Learns: The Constitutional Bargain Behind Homeschooling and School Choice

Education > Homeschooling and School Choice | Published 20 March 2024 - Updated 18 September 2025 | UpLaw - uplaw.us

An Oregon ballot measure and the sentence that survived it

In 1922, Oregon voters approved a law requiring every child between eight and sixteen to attend a public school. The measure was aimed at Catholic parochial schools, and it would have closed them.

The full text of this document is available to Executive subscribers and above. See plans.