Revised 2 Homeschooling Legal Issues Final Graded

Running Head: HOMESCHOOOLING LEGAL ISSUES
Andrews University
School of Education
A Reflection Paper for Competency 3B – Legal and Policy Issues
Pursuant to the Requirement for LEAD 675: Homeschooling Legal Issues
by
Dawn Peterson
August, 2018
i
HOMESCHOOOLING LEGAL ISSUES
TABLE OF CONTENTS
Introduction ..................................................................................................................................... 1
CHAPTER 1 ................................................................................................................................... 2
THEORETICAL CONSIDERATIONS ......................................................................................... 2
Definition of Key Terms ................................................................................................................. 2
Education and the Law.................................................................................................................... 4
Beginnings of Home Education .......................................................................................... 4

Reformations impact on compulsory education ................................................................. 5
Puritan influence ................................................................................................................. 6
Public education and the constitution ................................................................................. 8
Industrial age and compulsory education laws ................................................................. 10
Adventist Home and School History ................................................................................ 10
Modern Homeschooling................................................................................................................ 12
Modern Homeschooling Legalities ................................................................................... 13

Parens patriae vs natural law ........................................................................................... 14
Regulation concerns .......................................................................................................... 15
Differences between state regulation ................................................................................ 16
CHAPTER 2 ................................................................................................................................. 19
APPLYING THEORY TO PRACTICE ....................................................................................... 19
Adventist Education and the Law ................................................................................................. 19
Adventist homeschooling ................................................................................................. 21

My Personal Experience ................................................................................................... 23
CHAPTER 3 ................................................................................................................................. 26
KEY LEARNINGS ....................................................................................................................... 26
Conclusion .................................................................................................................................... 26
ii
References Cited.......................................................................................................................... 27
iii
Introduction
The purpose of this reflection paper is to show my growing competency in the area of
Leadership through organizations and more specifically, legal and policy issues. This paper will
look at the past, present and future learning of how “leadership applies and understands the scope
of a legal policy and structure appropriate for their field” (Leadership Department, 2017-2108).
This paper will give a brief history of education law through the ages and then will focus
on the legal considerations that education in America bring and how education law effects those
who home educate. It is important for the leader who desires to build a bridge of collaboration
between Adventist education and Adventist home educators to have a working understanding of
education law.
I will conclude this paper by looking at how Adventist education can support those who
choose to home educate as it relates to current education law.
1
CHAPTER 1
THEORETICAL CONSIDERATIONS
Definition of Key Terms
• Parens patriae –
The power of the state to act as guardian for those who are unable to care for
themselves, such as children or disabled individuals. For example, under this
doctrine a judge may change custody, child support, or other rulings affecting a
child's well-being, regardless of what the parents may have agreed to ("parens
patriae," n.d.).
• Natural Law –
1) standards of conduct derived from traditional moral principles (first mentioned

by Roman jurists in the first century A.D.) and/or God's law and will. The
biblical ten commandments, such as "thou shall not kill," are often included in
those principles. Natural law assumes that all people believe in the same Judeo-
Christian God and thus share an understanding of natural law premises. 2) the
body of laws derived from nature and reason, embodied in the Declaration of
Independence assertion that "all men are created equal, that they are endowed by
their creator with certain inalienable Rights, that among these are Life, Liberty
and the pursuit of happiness." 3) the opposite of "positive law," which is created
by mankind through the state ("Natural law," n.d.).
• Rational basis –
Rational basis review is a test used in some contexts to determine a law's

constitutionality. To pass rational basis review, the challenged law must be
rationally related to a legitimate government interest. Rational basis is the most
lenient form of judicial review, as both strict scrutiny and intermediate scrutiny
are considered more stringent. Rational basis review is generally used when in
cases where no fundamental rights or suspect classifications are at issue
("Rational basis," n.d.).
• Strict scrutiny
Strict scrutiny is a form of judicial review that courts use to determine the
constitutionality of certain laws. To pass strict scrutiny, the legislature must have
2
passed the law to further a "compelling governmental interest," and must have
narrowly tailored the law to achieve that interest ("Strict scrutiny," n.d.).
3
Education and the Law
While enjoying a new “rebirth”, homeschooling is not new. In fact, education in the
home has been the preferred method of learning since creation. Many Bible greats were
homeschooled as well as “many historical giants such as George Washington, James Madison,
Benjamin Franklin” (Kolenc, 2017, pp. 59-60) and many others. Historically speaking, home
educators are following the example set by others in their belief that God has given the parent the
responsibility to “train up a child in the way he should go” (Proverbs 22:6 NIV). In order to
understand the legal issues surrounding home education, we must first look at home education’s
long history which intersects with the history of education in brick and mortar schools.
Beginnings of Home Education
As mentioned earlier, the Bible has a rich history of home education. Parents were instructed to
teach God’s laws on their children’s hearts (Deut. 6:6-9) and Abraham was told to teach his
children and household the ways of God (Gen 22:6). This responsibility rests on the shoulders of
the parents “so that your days and the days of your sons may be multiplied” (Deut. 11:21).
White (1890) tells us that “this [education] was one of the special duties of every parent – one
that was not to be delegated to another” (p. 892.2). In fact, formal schools were not developed
until Samuel was instructed to start the schools of the prophets for those youth who wanted to
further their understanding of God’s word (p. 593.1). These schools also acted as a way to
educate children whose parents neglected the Godly training required of them such as Eli (White,
E., 1903, p. 45.1; 1923, p. 96.3).
Looking forward toward the life of Christ we see that he was educated by his mother
Mary at home, rather than by the school of the Rabbi’s. In fact, the rabbis were so amazed by
His knowledge (White, E., 1898, p. 78.6) that they spent two days questioning and listening to
4
Him. But by this time the schools had changed their emphasis from teaching about the future
suffering and death of the Lamb of God, to what the Messiah’s coming would do politically for
the Jewish nation.
Reformations impact on compulsory education
Many years later schooling at home was still the traditional method for education until
the reformation. It was then that reformers like Luther and Calvin supported the establishment of
schools for the people (Perrin, 1896, p. 5). Schools became important for the furthering of the
gospel. How could the commoners understand the Bible for themselves if they couldn’t read?
Luther believed that “the establishment of schools by every city and village for the sake of the
mental and moral training of the youth, but he urged such a course as a duty the municipality
owed to itself”(p. 6). This school of thought may well be the beginning of the parens patriae, or
legal doctrine that gives states or cities the responsibility or legal authority to educate and care
for all the children for the benefit of the state or city (Kolenc, 2017, p. 62; Perrin, 1896, p. 6) so
that they may prosper with well-educated men and women. It is notable that the schooling
during the reformation was centered around the Bible, doctrine of the church, and languages
(Perrin, 1896, p. 10). Germany’s Duke Christopher enacted the first ever universal compulsory
education law in 1599. Schoolmasters were required to keep attendance and those missing were
fined if not given a satisfactory excuse (p. 11). During the reformation, two hundred and fifty
grammar schools were established for the middle class. These schools were a step above
primary education. The lower class did not benefit from these schools and did not learn to read
and write (Perrin, 1896, p. 15) but were often sent to apprenticeships in order to learn a trade
(Alexander & Alexander, 2012, p. 28). This was the beginning of compulsory education for the
middle class, but the next step to move education further would take place in New England.
5
Puritan influence
Many of the Puritans of New England were educated and prosperous professional men.
They held degrees from Oxford and Cambridge. Even their wives and children were educated.
Many of these men were devout followers of Calvin who
saw clearly that the acceptance and diffusion of his scheme of doctrine was dependent not
only upon the training of the men who were to expound it, but also upon the intelligence of
the great masses of humanity who were to accept it. (Boettner, 2018, para 1)
Cubberly (1919) notes that the Puritans brought their ideas and beliefs about religion and the
proper training of their children with them from Europe (p. 50). The early colonists recognized
the need for literacy and made sure that family education was part of daily life. It was in the
home that the children were taught to read individually and collectively in communities (Klicka,
2002, p. 150). There was a dual purpose for this education. One was to teach the doctrines of
the church by teaching “all to read the Scriptures in order to avoid falling prey to ‘the old
deluder, Satan’” (Alexander & Alexander, 2012, p. 28). The other purpose was to educate the
youth to be literate so that they would create a committed social environment that would benefit
the state (p. 28).
Just like in Samuel’s day, the statesmen realized that parents were neglecting their duty to
educate and an order was sent out for statesmen to “have a vigilant eye over their neighbors”
(Perrin, 1896, p. 19) to see that they were using good English and teaching their children and
apprentices to read. Public schools were established based on the number of families living in
the town. These schools were “privately run and were merely extensions of the home and
church” (Klicka, 2002, p. 152). The first recognized teacher in America, Reverend Francis
Higginson, was appointed to Salem in July 1629 and four years later John Cotton was chosen as
teacher in Boston. (Perrin, 1896, pp. 17-18).
Massachusetts was the first to recognize the benefits of education by enacting two
6
statutes; the first in 1642 which charged parents to make sure that their children were educated,
and the second in 1647 that required towns of certain sizes to charge taxes for education and the
hiring of a teacher (Alexander & Alexander, 2012, p. 28). Cubberley (1919) makes the point that
the law of 1642 was the “first time in the “English-speaking world, a legislative body
representing the state ordered that all children should be taught to read” (p. 57). But these
schools were “almost without exception under private sponsorship and supervision, frequently
under the control the dominant Protestant sects” (McMullen, 2002, pp. 1-2). One purpose for
these schools was to train boys in Latin to prepare them for entrance to the newly established
Harvard which was established in 1636 (Cubberley, 1919, p. 55). The Bible was the main
textbook and the later more popular textbooks written by Noah Webster were made up of
“spiritual rhymes and biblical principles” (Klicka, 2002, pp. 150-151).
Martin, (cited by Cubberley, 1919), a Massachusetts public school historian, tells us that
this and the Law of 1647 became the foundation of the legislation of public schools with many of
the principles that we recognize today in state constitutions such as:
1. The universal education of youth is essential to the wellbeing of the State.

2. The obligation to furnish this education rests primarily upon the parent.
3. The State has a right to enforce this obligation.
4. The State may fix a standard which shall determine the kind of education, and the
minimum amount.
5. Public money, raised by a general tax, may be used to provide such education as the State
requires. This tax may be general, though the school attendance is not.
6. Education higher than the rudiments may be supplied by the State. Opportunity must be
provided, at public expense, for youths who wish to be fitted for the university (pp. 59-60).
Mr. Martin then adds the following significant comment:
It is important to note here that the idea underlying all this legislation was neither
paternalistic nor socialistic. The child is to be educated, not to advance his personal interests,
but because the State will suffer if he is not educated. The State does not provide schools to
relieve the parent, nor because it can educate better than the parent can, but because it can
thereby better enforce the obligation which it imposes. (as cited by Cubberley, 1919, pp. 60-
61)
7
Perrin (1896) maintains that these laws continued with very little modifications until the
constitution was adopted in 1780 (p. 22).
It is interesting to note that even with these private grammar schools in place, many
historical giants were still homeschooled. Home education has a large political hall of fame that
includes at least 10 presidents, many of the delegates of the constitutional convention (Klicka,
2002, p. 164), and all the “Founding Fathers” (McMullen, 2002, p. 2). “DuPonte de Nemours
surveyed education in America in the early 1880’s and discovered a nearly 99% literacy rate”
(Klicka, 2002, p. 153) which was extremely high compared to many European countries.
Public education and the constitution
The framers of the constitution believed like Martin Luther, that public education “would
help sustain democracy by bringing everyone together to share values and learn a common
history” (McMullen, 2002, p. 2). This concept was also promulgated by Montesquieu in 1748
who believed that a democracy ensures the greatest virtue and the people must be instilled with a
devotion to the country. He stated,
everything, therefore, depends on establishing this love in a republic, and to inspire, it ought
to be the principal business of education…..It is in a republican government that the whole
power of education is required… (as cited by Alexander & Alexander, 2012, p. 28).
Rousseau stated in 1755, that education was necessary for good citizenship and that this is one of
the “fundamental rules of popular or legitimate government” (as cited by Alexander &
Alexander, 2012, p. 28). As we can see, our founding fathers were influenced by these men as
well as others who encouraged education for the betterment of the state.
During the 1760s and 1770s with the influence of men like Benjamin Rush who
suggested that the states needed a free public education that was contiguous and standardized,
and Bell who asserted that the value of education is the foundation of freedom, the founders
8
determined that knowledge would give the people the ability to govern themselves (Alexander &
Alexander, 2012, p. 30). When drafting the constitution that was later adopted in 1780,
the legislature was given authority to require the people of the state to make provisions for
the education of the youth, and to compel their attendance upon the schools thus provided.
The authority thus granted was exercised by the legislature in 1789 (Perrin, 1896, p. 22).
The Tenth Amendment prohibits the federal government from taking any power not specifically
granted to them, leaving those powers to the state (Eisner, 2013, p. 279). Public education falls
into this category. The Eleventh Amendment further limits the judiciary to preserve the state
rights (Alexander & Alexander, 2012, p. 80).
Cubberley (1919) suggests the reason the constitution does not mention education is
because of the effect of the revolutionary war on the country and specifically on education. The
war left the country in disarray and impoverished, and education was the one of the sacrifices.
He believes that if the constitution were to be reframed in his day (1919), there would be no
doubt of the central role that education would play (Cubberley, 1919, pp. 130-131). Klicka
(2002) disagrees, stating that the framers never intended a state-run education and in fact feared
such a possibility. He quotes Jefferson saying,
it is better to tolerate the rare instance of a parent refusing to let his child be educated than to
shock the common feeling and ideas by the forcible asportation and education of the infant
against the will of the father. (pp. 152-153)
While the framers of the constitution recognized in their letters and papers that education was
important and should be free, they stopped short of calling it a fundamental right and therefore
including it in the founding documents. This would later become important when the courts
consider whether home education was a right under the law. By the end of the eighteenth
century, “there was no questioning the right of the state to establish schools. It was
acknowledged that the state had the right to compel the attendance of its youth upon
9
them”(Perrin, 1896, p. 32).
Industrial age and compulsory education laws
It wasn’t until the industrial age that we see another push made for public education laws.
With big industry needing a work force, and many immigrants coming to fill those positions,
America saw another reason for universal education. Children were finding work in the big
factories and were quickly becoming a large part of the work force. Concerns began to surface
for the lack of education of these working children and compulsory education began to take root.
Massachusetts was the first to craft a compulsory education law in 1852 and all but two states
followed suit by 1915 (Eisenberg, 1988, p. 7). It could be argued that compulsory public
education was intended [or designed] to indoctrinate and teach greater loyalty to new and young
immigrants that differed from the mainstream culture and speech (Adams, 2013, p. 41; Kolenc,
2017, p. 60). It would seem that the desire of the forefathers to use education as a means to teach
the duty of good citizenship was working.
Compulsory education laws of the 1850’s mark the shift from home education by the
parent to state sponsored education. Klicka (2002) remarks that this shift was the beginning of
the decline of American education (p. 153). How would this shift affect Adventist education?
Adventist Home and School History
The political tension over education came at a very interesting time for Adventists. The
Adventist church was still quite new, not officially organized yet, and was busy with spreading
the third’s angels message. The publishing and missionary work was the primary focus. Up
until this time the children had either been educated at the local public schools or at home
because the church leadership was traveling “extensively in order to keep the scattered believers
encouraged and strong in the Lord; therefore, none of them had the time or energy to undertake
10
the establishment of church schools. Home schools had to suffice” (Burton, 1987, p. 27).
Many Adventists had taken their children out of school because they anticipated the
Lord’s soon return. After the great disappointment of 1844, many parents began to put their
children back into public schools only to find that they were ridiculed and teased, sometimes
even violently. Not only was the teasing a concern, but the children were exposed to a different
belief system than taught at home (Burton, 1987, pp. 12-15).
With the hard-fought win of compulsory education in Massachusetts in 1852, Adventist’s
saw the writing on the wall and believed that compulsory education would spread to other states
as well. It became necessary to provide appropriate education for the children of the church.
The first record of an Adventist home school was in 1853 at Bucks Bridge, NY by John
Byington, who would later become the first president of the General conference of SDA. The
“home school” had 17 students the first year! This was very different from what we consider
homeschooling today.
It is interesting to note that in 1854 White published her first article regarding children.
Here she states,
Parents, if you wish to save your children, separate them from the world, keep them from the
company of wicked children; for if you suffer them to go with wicked children, you cannot
prevent them from partaking of their wickedness and being corrupted. It is your solemn duty
to watch over your children, to choose the society at all times for them. (White, E., 1854,
para 3)
Undoubtedly, this had an impact on parents as they were considering their child’s educational
options.
Later another home school was opened in 1855 in Battle Creek, MI. The first officially
SDA sponsored school opened on June 3, 1864 in New Hampshire after the official organization
of the church in 1864 (Burton, 1987, pp. 391-392). Even though the first SDA sponsored school
opened in 1864, White would not receive her first vision on education until 1872. This prompted
11
her to write the paper Proper Education, giving guidance to the Adventist church for the proper
method of education for His children.
As we have seen, education at home has been a staple in homes across the centuries. It
has provided a safe environment for children to not only learn their ABC’s but also learn about
their Creator. America has been blessed by the contributions from many of its home educated
leaders. But once again, the future freedom to educate at home will be challenged when once
again families choose to bring their children home to teach them of the Lord.
Modern Homeschooling
Adventist education flourished and was the school of choice for most families. But in an
article, Cady (1925) reminds her readers that “the home school –the ideal home school– is the
best school” (p. 12) and gave five points to illustrate her reasoning.
Home education continued in small numbers but due to the political climate and
compulsory attendance laws, most homeschools were conducted under the radar (Davis, 2011;
Murphy, 2013; Somerville, 2001) until brought back to the forefront in the 1960’s when John
Holt presented his “unschooling” paradigm in 1967. He believed that children didn’t need to be
forced to learn, that they held the natural inquisitiveness to learn on their own. Schooling was
not broken into various subjects with matching textbooks. It was learned in the natural
environment with the child’s natural interests in mind. In the 1960’s Raymond Moore (an
Adventist) began to espouse the need for a more organic developmental education in his book
Better Late than Early. Moore brought a more holistic approach toward education which was
more acceptable to many Christians (Somerville, 2001, pp. 3-4).
This new breed of homeschoolers tended to homeschool for religious reasons and chose
to withdraw their children from the local public and private schools. They chose to homeschool
12
because they felt called to the responsibility of educating their children rather than hand over
their children for others to educate. Kunzman (2010) quotes a homeschooling mother as saying,
“Why would you want to send your child away for the majority of the day and let someone
else’s ideas and personality be placed in your child every day? I’m her parent. God gave her to
me to form and to raise, so I feel that’s my responsibility” (p. 23).
Sommerville (2001) states that open-minded superintendents looked the other way, but
many did not and this brought on new legal concerns for the home education movement. This
gave rise to the Home School Legal Defense Association (HSLDA) in 1983, a Christian law firm
who opened its doors and took on the task of fighting for the rights of every homeschool family
in their membership (Somerville, 2001, p. 4).
Modern Homeschooling Legalities
Currently home education is legal in every state, but this was a battle that was hard won.
In the early days of the movement, parents risked fines and even jail time by violating the states
compulsory education laws (Kolenc, 2017, p. 60). Some found it easier to move to states with
less stringent laws. “The defining principle that drove this conflict was the belief by
homeschooling advocates that parents possess a God-given, “fundamental” legal right to educate
their children as they see fit” (Kolenc, 2017, p. 61). That is where many of the current battles
exist. What is the right of the state and what is the right of the parent?
Earlier we followed the history of compulsory education throughout the ages, now
compulsory education laws take on a new flavor. In previous years, compulsory laws were
rather general and were more concerned that a child was educated rather than where or how that
child was educated. An example of this is the decision by the Supreme Judicial Court of
Massachusetts in its Commonwealth v. Roberts 34NE 402 (Mass. 1893) ruling that “all children
13
shall be educated, not that they shall be educated in a particular way” (Somerville, 2001, p. 9).
In 1907 Oklahoma used the term “unless other means of education are provided” to allow for
homeschooling in their Constitution Article 13, Section 4 (Somerville, 2001, p. 9). Schools were
no longer defined by the number of students or to specific brick and mortar buildings, but the
fact that education was taking place. This changed the landscape for home education.
Parens patriae vs natural law
As the home education movement continued to grow, states began to realize that they
needed to enact laws to protect the interest of the state. It is through the belief in parens patriae
that the state views it is their right as “governmental custodial responsibility to all children
within its jurisdiction to ensure every child is treated with equal respect and concern …regardless
of the claims of parents” (Kolenc, 2017, p. 62). For those concerned with civil liberties, this is
very concerning. If the state believes that it is their right to decide what is best for the child
“regardless of the claims of parents” then what can be done to keep the state from taking the
children away from their parents if the parents are in opposition to the state? As Christians, this
is a very serious concept, especially as it relates to our religious liberties.
The opposition to parens patriae believes the age-old tradition that parents have the
primary authority given to them by God to raise their children as they see fit. This doctrine is
referred to as Natural Law; the “principles embedded in nature itself that precede and supersede
man-made laws” (Kolenc, 2017, p. 62). This idea was the framework for the writers of the
Declaration of Independence. They recognized God as the creator of all things and that man has
no power that are not ordained by God (Romans 13:1). This concept is the foundation for
parental rights and has gone
unchallenged for nearly a millennia…. [even] Sir William Blackstone –the authoritative 18th
century jurist – described the parental right as “universal,” and British common law saw it as
14
a “sacred right which courts would not interfere. This legal view continued for all of US
history, even to include the modern federal foray into the area of childhood education.
(Kolenc, 2017, pp. 62-63)
These two views lay the groundwork for understanding the legal footing in regards to home
education.
Regulation concerns
Regulations in homeschooling are constantly changing as the states continue to wrestle
with regulation of homeschools. There are opposing views on homeschooling regulation.
Parents are inclined to favor less regulation with many believing that ultimately the state should
have no say in how their children are educated. This perspective is supported by HSLDA’s
rigorous political monitoring of both federal and state attempts to enact regulations.
Those who support regulation appear to fall into two groups. The first group are those
who believe that they are looking out for the best interest of the child. They cite health concerns,
educational abuse and child abuse as reasons for further regulation. They believe that there
needs to be ways that the state can come into the home to check on the well-being of the child to
determine proper parenting. An example of this is found in California. The state has Bill AB
2756 which is currently (as of this writing) “in committee”. In this bill they want to require
schools of less than six children to submit to annual fire code inspections. This would allow the
state to have someone “look around” to determine the well-being of the children. It is thought
that this is in response to a recent homeschooling child abuse case (HSLDA, 2018). The concern
by many is at what point will the state stop at controlling what happens inside the home? How
many of our private freedoms will be violated in this battle?
Others are looking out for the state’s interest. As we learned earlier, the state believes
that it is in their best interest to determine that all its citizens are educated, but their concerns go
15
beyond simple education. There is a lot of money involved and every child that is homeschooled
takes away federal funding that the state counts on. So, in a very real manner the battle for more
regulation is to encourage parents to give up and place their children back into the public school.
This is one of the reasons that many public schools have formed homeschooling programs within
their public schools and even homeschooling charters as a means of bringing the funding back to
the state. McMullen (2002) sums up the financial loss the schools are facing,
To see how home schooling threatens public schools, look at Maricopa County, Ariz. The
county has approximately 7,000 home-schooled students. That's only 1.4% of school-age
kids, but it means $ 35 million less for the county in per-pupil funding. The state of Florida
has 41,128 children (1.7%) learning at home this year ... those kids represent a loss of nearly
$ 130 million from school budgets in that state. (p. 15)
McMullen (2002) acknowledges that because of this strong bias against homeschooling it would
be beneficial to have an outside agency, rather than the school system or child protection
services, set up specifically for the regulation of homeschooling. In that way, there would
mitigate again the outside bias involved in the process, this might alleviate some of the
opposition to regulation.
Differences between state regulation
While home education is legal in all fifty states, each state has their own interpretation of
what the laws should look like. According to McMullen (2002) these regulations fall “into three
separate categories: “private school laws, equivalency laws, and home education laws” (p. 7).
“The first category, “private school laws” refers to states that treat a home school as a
private school” (McMullen, 2002, p. 7). Examples of this are California, Indiana, and Texas.
Out of all fifty states, nine offer options regarding type of school model that can be used to meet
requirements. Their options include; home as a private school, home school, private school
satellite, and religious school satellite. To demonstrate the variety in application of this category,
there are sixteen states that homeschool as a private school. Of those, seven states require
16
homeschoolers to fill out affidavits stating that their children will be attending XYZ private
school as a method to home educate legally. For instance, while we lived and homeschooled in
California, we filed an affidavit stating that we were enrolling our children in “Peterson’s Home
School”, not very creative, but that was the official name of our private home school. Five of the
remaining states allow private schools to act as a satellite for homeschools.
The second category is that of ‘state equivalency’ laws. These laws state that if children
are receiving an equivalent education then they are exempt from the state compulsory laws.
States like New Jersey and Maryland are examples of this legal perspective (Davis, 2011). The
debate comes when one tries to determine what is equivalent education and according to
McCullen (2002) that burden rests on the state. In these states the parent may be required to
share who is teaching, what subjects and the curriculum as well as the days of instruction (p. 7).
Again, each state has their own rendering of the law.
Lastly, some states have enacted ‘home education’ laws. These states have specifically
written laws that apply to home schools. Some of these states require the parent to be certified,
may only use specific curriculums and other restrictions. Examples of these are Maine, New
Hampshire, and Iowa. Some states like South Carolina give three options for the parent.
The first option allows homeschooling if the school district board of trustees approves the
instruction. However, the board must approve the instruction if the parents meet statutory
requirements for parental qualifications (high school diploma, GED or baccalaureate degree),
minimum days of instruction and hours per day, records, testing, curriculum, and library
access. Options two and three exempt parents who are members of the South Carolina
Association of Independent Home Schools or another bona fide homeschool organization
authorized by the statute from some of the option one requirements, most notably testing.
(McMullen, 2002, p. 8)
Many parents find it cumbersome to determine what the current laws and requirements
are (Davis, 2011) for their state. This is made even more difficult when the laws are shifting.
Because the experience has been that local authorities are not always good at working within the
17
requirements of the law. Unfortunately, many times requested documentation far exceeds what
state law requires. This may be one of the reasons that many parents choose to enroll in home
school associations, cooperatives, and HSLDA.
18
CHAPTER 2
APPLYING THEORY TO PRACTICE
Adventist Education and the Law
In the previous chapter we saw that the law and education have had a long relationship
over the centuries. This relationship has been for the protection of all parties concerned. The
law protects the student, teacher and even state rights. Over the years we’ve also seen certain
rights removed in an effort to purportedly create a more comfortable environment for those who
do not believe in God. Which is quite ironic when this country was founded to allow religious
freedom. Some believe that we have an educational system that seems to grant religious freedom
to everyone but Christians.
It was this freedom of belief that caused the Adventist church to start their own schools.
There were two driving forces behind this educational push. The first reason was the church
workers began to realize that they needed educated men to carry on the work of God. Many at
that time were largely self-educated (White, A. L., 1972). The other driving push were the
parents felt the need to provide a safe environment that would not only teach reading, writing,
and arithmetic, but more importantly teach their children in the beliefs of the church with their
eternal salvation the purpose of education (Burton, 1987). White (1897) makes this statement,
Eternal interest should be the great theme of teachers and students. Conformity to the world
should be strictly guarded against. The teachers need to be sanctified through the truth, and
the all-important thing should be the conversion of their students, that they may have a new
heart and life. The object of the Great Teacher is the restoration of the image of God in the
soul, and every teacher in our schools should work in harmony with this purpose. (White, E.,
1897, p. 30.1)
Ellen White wrote a 192 page testimony pamphlet titled “Proper Education” that
launched our burgeoning church to look at educational ministry (White, A. L., 1972, p. 10).
19
Before long it was the church goal to “provide a Christian education for every Adventist young
person” (Knight, 2015, p. 6). With this objective the Adventist church began to educate their
youth. Both in formal schools and in the home. The church educational system has grown to
more than 76,044 students attend our elementary, secondary and universities across North
America (North American Division Office of Education).
With the growth of the Adventist educational system comes the need to comply to federal
and state laws that pertain to education. Although there is a certain amount of freedom we enjoy
because of our status as a private parochial school system, our Adventist education has made it a
priority to follow the legal requirements that mandate most schools. This allows the unions the
ability to provide an educational code that provides structure and legal safety. One example of
this is the hiring policy. Once a board determines a potential new substitute or local hire, they
then must send names to CCC for further employment documentation and approval. This is in
accordance with PUC code that states,
The employment, changes in employment status, or termination, of school personnel are by

authority of the local conference board of education in consultation with the local school
board. Thus, the local conference board of education is the employing organization, referred
to hereinafter as the employer. (Pacific Union Conference, 2017, A17-112 4.a )
Along with Calif. Educ. Code §44237(a), (b), (c) which requires the fingerprinting of any new
non-certified personnel by the Department of Justice and the Federal Bureau of Investigations
(U.S. Department of Education, 2009, p. 25). Another example of how Adventist education
follows legal requirements is the fact that it is the responsibility of the school board to choose
and provide curriculum. In Adventist education it is the NAD, local unions and conferences that
usually choose the curriculum but in some cases, the local school board may choose and then get
special permission. At our local Adventist school the science teacher presented a proposal for a
garden as an educational science experiment that would constitute a possibly new science
20
curriculum. Because we live in an agricultural community he thought this might be an
interesting experience for his students. There were numerous questions about the feasibility and
costs of the program. It was voted to allow the teacher to continue research on the possibility of
the program and to speak with members at large that have agricultural experience. This was
brought to the board because the board has the responsibility to approve any pedagogical
innovations or means of instruction in cooperation with CCC and PUC boards (Boring v.
Buncombe County Board of Education, 1988; Pacific Union Conference, 2017, A117-112 C 1).
These are just a couple of examples of how Adventist education has aligned itself within the
legal educational codes.
Adventist homeschooling
Again, as reported on the NAD website, the more than 76,000 children receiving an
Adventist education does not include the many Adventist children whose parents have chosen to
educate them at home. These parents have chosen to take on the solemn responsibility to
educate their children in the way they believe that God has called them. Many parents have the
desire to home educate but are unsure of how to effectively accomplish their goals. What
support system can they expect?
For many homeschooling families across the nation, they have the alternative of support
from the local public schools. In an effort to regain federal funding for losses in student
enrollment, many public schools have turned to providing homeschool charter schools, or part-
time enrollment. This allows the state to regain much needed funds as well have legal footing
for requiring the use of specific curriculum because they are funding the education. This means
they are not at liberty to allow religious materials to be used. This is one of the easiest methods
21
for families to meet the compulsory education laws as well as meet the other state
homeschooling laws.
For many who choose to homeschool for religious reasons, allowing the public school to
determine their curriculum is not an acceptable option for them. They prefer to maintain control
over their curriculum and moral instruction (Kunzman, 2009, 2010). Where do these parents
turn for support? For many, the private homeschool cooperative is the most common source of
support. Cooperatives are designed to allow families to participate together to offer classes,
programs or just support. This allows those parents who might feel that they are uncomfortable
with a specific subject to trade skills with another parent. Although not all cooperatives offer
core subject classes. Many offer the extra-curricular such as sewing or auto mechanics. But
even these cooperatives can be difficult if not designed to include Christian morals. For the
Adventist homeschooling family they might still face activities planned on the Sabbath that they
feel are not appropriate.
Some homeschooling families turn to local or state homeschooling associations that help
the family to maintain the appropriate records required by their particular state. In some cases,
these associations even act as the legal accountability for the requirements in the state.
Lastly as mentioned earlier, some states such as Alabama require the family to enroll in a
religious school satellite program. That is their only option if choosing to homeschool legally.
But in this case, there are no options for an Adventist homeschooling family to enroll in an
Adventist school because we do not offer a satellite option for our parents. In speaking with a
representative in the Gulf States Conference office, I was told that they routinely refer parents to
Griggs Academy which is an online accredited Adventist school. For some this can be an option,
22
but for many parents who want to choose their curriculum and be more involved in the teaching
process, this is not an option. Where can they go?
My Personal Experience
Over the years, I have been in positions that required me to be responsible to the dictates
of the law and educational codes. First as a teacher in a one-room school and then later in the
local kindergarten classroom I was a mandatory reporter for child abuse. I also had to be
concerned with the legal age requirements for children to enter my classroom. I learned to
document things of concern in case they became important.
Later when we chose to homeschool our children, I learned about the law as it related to
homeschooling and what I needed to do to make sure that we were abiding by the laws at that
time. We joined HSLDA because I was afraid that I would not be able to adequately defend our
family should the need arise. Knowing that HSLDA was there to protect and defend our rights
gave me peace that I needed.
While we started to homeschool while living in Texas, we eventually moved to California
and that was where we learned the law required us to set up our homeschool as a private school.
It was also where we had our only experience with a homeschool charter school through the local
public school. We carefully read through the charter and came to understand that the funding
they provided could not be used for curriculum that was faith based. So we used the funds for
sports activities, music lessons, art and science experiment supplies. We kept detailed records so
that there would be no questions on this matter. We were asked to turn in examples of my
children’s work for a portfolio and these too were carefully chosen. We avoided work that
showed any religious overtones. The charter was gearing up for their first audit and eventually
the school decided that since they knew that our books were faith based they wanted us to
23
change the curriculum because they were afraid it would affect their audit. Even when we
showed them that according to their written charter, we were not outside of the law, they were
afraid for their funding. Because having a faith based curriculum was important to us we
withdrew our children from the school. This experience gave me a unique understanding of the
intricacies of working with a homeschooling charter school as it pertains to the law. Later when
I took the K-12 Law class, this experience would prove helpful in understanding the law as it
pertains to federal and state funding of homeschooling.
After my children enrolled in the local Adventist schools and moved on toward college, I
worked as a secretary/registrar at another local Adventist school. Here I learned about HIPPA
privacy laws, the importance of good record keeping, and the need to get background checks for
teachers and volunteers. I also learned from another perspective the laws that govern principals
since my husband has been in administration off and on throughout the years. These are also
many of the same codes enforced by the local Adventist Union office.
Years later I would work in a daycare center that was closely monitored by the state. We
had certain regulations that we must follow such as the ratio of teacher/babies, reporting
communicable diseases, and monitoring the expiration dates of food brought in by the parents
just to name a few. As lead teacher, it was my responsibility to record any medication given and
any injuries that occurred at the site.
As I look to the future, I see that my experiences with the various aspects of educational
law will serve me well because I bring a diverse range of experience. While I’m not a lawyer, I
have always attempted to understand the legal requirements that pertain to my position. With
that in mind, in preparation for working in the field of Adventist education and Adventist
homeschooling, I spent time in conversation with several leaders in this area. I spoke with Daryl
24
Jones, an attorney from HSLDA, at length to get his perspective on what legal issues he could
envision would become important in developing a cooperative relationship between Adventist
education and Adventist homeschooling. I also opted to take EDAL 560 K-12 Law to give me a
better understanding of the legal issues that face Adventist educational leaders as well as the
laws for homeschoolers.
At this time, Adventist education does not have a platform for assisting these parents in
providing the legal coverage Adventist homeschoolers need. It is my goal to help Adventist
education to develop a platform where Adventist education can meet some of these legal needs.
How can we do this?
25
CHAPTER 3
KEY LEARNINGS
Conclusion
As I look back over the last year that I have been preparing this paper, I realize that I
have appreciated the many facets of the law that I have studied. As I studied school law, I
gained a better understanding of the legal climate that our schools work within and also the many
case laws that that set up the legal precedence. I have also acquired a deeper understanding of
the laws that relate to homeschooling families.
In doing research for this paper I have also achieved a new perspective on the beginnings
of our rich heritage of Christian education both as a nation and as a church. It is my belief that
we as a church need to look deeper at why the Adventist church chose to establish schools and
once again seek ways to support the family in providing Christian education to all its members.
This means taking a closer look at how the church can provide a legal cover for its
homeschooling members. Choosing to rely only on one institutional method for the sole support
for homeschoolers is insufficient. I believe Adventist education can provide more diversity in
their approach toward assisting Adventist young people obtain a local Adventist education. As a
consequence, I can envision our education system as being better funded, more robust, more
rounded, and more broadly applied. I believe we can create ways to bridge the certification and
legal issues that seem to be a hurdle in today’s education environment.
26
References Cited
Adams, J. (2013). The public school and the immigrant child. In D. J. Finders & S. J. Thornton
(Eds.), The curruculum studies reader (pp. 432). New York, NY: Routledge.
Alexander, K., & Alexander, M. D. (2012). American public school law [Kindle edition] (8th
ed.) (pp. 1136). Retrieved from www.amazon.com
Boettner, L. (2018). Calvinism in history: Calvinism and education. Retrieved from

https://graceonlinelibrary.org/church-history/calvinism-in-history-calvinism-and-
education-by-loraine-boettner/
Boring v. Buncombe County Board of Education, 136 F.3d 364 (1988).
Burton, W. A. (1987). A history of the mission of Seventh-day Adventist education 1844-1900.

(Doctor of Philosophy), Kansas State University, Manhattan, KS.
Cady, M. E. (1925). The home school the best. Home and School: A journal of Christian
education, 17(4).
Cubberley, E. P. (Ed.) (1919). Public education in the United States: A study and interpretation
of American educational history; an introductory textbook dealing with the larger
problems of present-day education in the light of their historical development [Digitized
by Google]: Houghten Mifflin.
Davis, A. (2011). Evolution of homeschooling. Distance Learning, 8(2), 29-35.
Eisenberg, M. J. (1988). Compulsary attendance legislation in America 1870-1915. (Doctor of

Philosophy), University of Pennsylvania, PA.
Eisner, E. W. (2013). What does it mean to say a school is doing well? In D. J. Flinders & S. J.
Thornton (Eds.), The curriculum studies reader (Fourth ed.). New York, NY: Routledge.
HSLDA. (2018). Why does California want fire inspections for homeschools? Retrieved from
https://hslda.org/content/hs/state/ca/20180228-why-does-california-want-fire-inspections-
for-homeschools.aspx
Klicka, C. (2002). Homeschooling: The right choice. Nashville, TN: Broadman & Holman
Publishers.
Knight, G. R. (2015). The aims of Adventist education: A historical perspective. Faculty

Publications, (74). Retrieved from digitalcommons.andrews.edu/church-history-pubs/74
Kolenc, A. B. (2017). Legal issues in homeschooling. In M. Gaither (Ed.), Handbook of home

education. Malden, MA: John Wiley & Sons.
27
Kunzman, R. (2009). Understanding homeschooling: A better approach to regulation. Theory

and Research in Education, 7(3), 311-330.
Kunzman, R. (2010). Homeschooling and religious fundamentalism. International Electronic

Journal of Elementary Education, 3(October 2010), 17-28.
Leadership Department. (2017-2108). Participant handbook. [Handbook]. Andrews Univeristy,

Berrien Springs, Mi. Retrieved from
https://learninghub.andrews.edu/pluginfile.php/826122/mod_resource/content/1/2017-
0718%20Leadership%20Program%20Handbook%202017-18.pdf
McMullen, J. G. (2002). Behind closed doors: Should states regulate homeschooling? South
Carolina Law Review, 54, 75.
Murphy, J. (2013). Riding history: The organzational development of homeschooling in the u.s.
American Educational History Journal, 40(2), 335-354.
Natural law.(n.d.). The peoples law dictionary.
North American Division Office of Education. Education statistics. Retrieved from

http://adventisteducation.org/about/adventist_education/statistics
Pacific Union Conference. (2017). Education Code. Westlake Village, CA.
parens patriae. (n.d.) In. Cornell Law School. Retrieved from

https://www.law.cornell.edu/wex/parens_patriae
Perrin, J. W. (1896). The history of compulsory education in New England. (Doctor of

Philosphy), University of Chicago. Retrieved from
https://books.googleusercontent.com/books/content?
Rational basis. (n.d.) In. Wex Law Dictionary. Retrieved from

https://www.law.cornell.edu/wex/rational_basis
Somerville, S. W. (2001). The politics of survival: Home schoolers and the law (ED461177).
Retrieved from ERIC:
Strict scrutiny. (n.d.) In. Cornell Law School. Retrieved from

https://www.law.cornell.edu/wex/strict_scrutiny
U.S. Department of Education. (2009). State regulation of private schools. Retrieved from
https://www2.ed.gov/admins/comm/choice/regprivschl/regprivschl.pdf.
White, A. L. (1972). Ellen G. White and Adventist education. Journal of Adventist Education,
35(1).
White, E. (1854). Duty of parents toward their children. Review and Herald, 1854(September
19).
28
White, E. (1890). Patriarch and prophets [Digital edition] (pp. 805). Retrieved from EGW
Writings App
White, E. (1897). Special testimonies on education [Digital]. (EGW Writings App ed.) (pp. 240).
White, E. (1898). The desire of ages [Digital edition]. (Digital ed.) (pp. 832). Retrieved from
EGW Writings App
White, E. (1903). Education.[Digital edition]. (pp. 324). Retrieved from EGW Writings App
White, E. (1923). Fundamentals of Christion education [Digital edition] (pp. 576). Retrieved
from EGW Writings App
29

Revised 2 Homeschooling Legal Issues Final Graded

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Revised 2 Homeschooling Legal Issues Final Graded

Transféré par

Droits d'auteur :

Formats disponibles

Running Head: HOMESCHOOOLING LEGAL ISSUES

A Reflection Paper for Competency 3B – Legal and Policy Issues

Pursuant to the Requirement for LEAD 675: Homeschooling Legal Issues

THEORETICAL CONSIDERATIONS ......................................................................................... 2

Definition of Key Terms ................................................................................................................. 2

Education and the Law.................................................................................................................... 4

Beginnings of Home Education .......................................................................................... 4

Modern Homeschooling Legalities ................................................................................... 13

APPLYING THEORY TO PRACTICE ....................................................................................... 19

Adventist Education and the Law ................................................................................................. 19

Adventist homeschooling ................................................................................................. 21

KEY LEARNINGS ....................................................................................................................... 26

choose to home educate as it relates to current education law.

Definition of Key Terms

1) standards of conduct derived from traditional moral principles (first mentioned

Rational basis review is a test used in some contexts to determine a law's

Education and the Law

Beginnings of Home Education

E., 1903, p. 45.1; 1923, p. 96.3).

the Jewish nation.

Reformations impact on compulsory education

Many of these men were devout followers of Calvin who

the state (p. 28).

teacher in Boston. (Perrin, 1896, pp. 17-18).

“spiritual rhymes and biblical principles” (Klicka, 2002, pp. 150-151).

the principles that we recognize today in state constitutions such as:

1. The universal education of youth is essential to the wellbeing of the State.

Mr. Martin then adds the following significant comment:

constitution was adopted in 1780 (p. 22).

Public education and the constitution

devotion to the country. He stated,

rights (Alexander & Alexander, 2012, p. 80).

such a possibility. He quotes Jefferson saying,

them”(Perrin, 1896, p. 32).

Industrial age and compulsory education laws

the duty of good citizenship was working.

Adventist Home and School History

belief system than taught at home (Burton, 1987, pp. 12-15).

With the hard-fought win of compulsory education in Massachusetts in 1852, Adventist’s

Here she states,

method of education for His children.

more acceptable to many Christians (Somerville, 2001, pp. 3-4).

me to form and to raise, so I feel that’s my responsibility” (p. 23).

in their membership (Somerville, 2001, p. 4).

Modern Homeschooling Legalities

Parens patriae vs natural law

is a very serious concept, especially as it relates to our religious liberties.

parental rights and has gone

Regulations in homeschooling are constantly changing as the states continue to wrestle

with regulation of homeschools. There are opposing views on homeschooling regulation.

many of our private freedoms will be violated in this battle?

Differences between state regulation

remaining states allow private schools to act as a satellite for homeschools.

Again, each state has their own rendering of the law.

school associations, cooperatives, and HSLDA.

APPLYING THEORY TO PRACTICE

Adventist Education and the Law

to everyone but Christians.

America (North American Division Office of Education).

accordance with PUC code that states,

The employment, changes in employment status, or termination, of school personnel are by

curriculum. Because we live in an agricultural community he thought this might be an

legal educational codes.