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Btcagz J. A. Lagos, Parental Education Rights in the United States And

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Btcagz J. A. Lagos, Parental Education Rights in the United States And PONTIFICIA UNIVERSITAS SANCTÆ CRUCIS FACULTAS IURIS CANONICI Julio Alberto Lagos PARENTAL EDUCATION RIGHTS IN THE UNITED STATES AND CANADA: HOMESCHOOLING AND ITS LEGAL PROTECTION Doctoral Thesis in Canon Law directed by: José Tomás Martín de Agar ROMÆ 2011 btcagz btcagz TABLE OF CONTENTS TABLE OF CONTENTS .............................................................. I INTRODUCTION ...................................................................... 1 CHAPTER I. THE BASIS OF PARENTAL EDUCATION RIGHTS .......... 9 1. International Human Rights Instruments ............. 10 Introduction .....................................................................................10 1.1. Universal Declaration of Human Rights ................................. 14 1.2. American Convention on Human Rights ................................ 16 1.3. International Covenant on Civil and Political Rights ............. 17 1.4. International Covenant on Economic, Social and Cultural Rights ......................................................................... 19 1.5. Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief ........................................................................................ 24 1.6. Convention on the Rights of the Child ................................... 25 Conclusions ..................................................................................... 26 2. Magisterial Documents and the Code of Canon Law of 1983 .......................................................... 28 Introduction .................................................................................... 28 2.1. Magisterial Teaching on Parental Education Rights ............. 30 2.2. The Code of Canon Law .......................................................... 38 2.3. Homeschooling and the Church’s Teaching on Education .... 48 Conclusions ..................................................................................... 50 btcagz II CHAPTER II. THE SOCIAL PHENOMENON OF HOMESCHOOLING ... 51 Introduction .............................................................. 51 1. The Definition of Homeschooling ......................... 53 2. The Origins of Homeschooling .............................. 55 3. Homeschooling by Numbers and Social Groups ... 63 4. Why do Parents Choose Homeschooling? ............. 68 4.1. Official Government Studies ................................................... 70 4.1.1. 1996 and 1999 NHES Surveys ....................................... 70 4.1.2. 2003 NHES Survey ........................................................ 72 4.2. Two Classes of Homeschooling Parents? ............................... 73 4.2.1. Origins of the Theory ..................................................... 73 4.2.2. Limitations of the Pedagogues/Ideologues Distinction ...................................................................... 75 4.2.3. More Accurate Family Characteristics ........................... 77 4.2.4. The Decision to Homeschool ......................................... 77 4.2.5. New Findings ................................................................. 79 4.3. Canadian Homeschooling Motivations ................................... 81 4.4. Catholic Homeschooling ......................................................... 82 4.5. Christian Fundamentalist Homeschooling ............................ 83 5. Academic Methods and Outcomes of Homeschooling .................................................... 85 5.1. How do Parents Teach at Home? ........................................... 85 5.2. Academic and Social Outcomes .............................................. 88 5.3. Socialization of Homeschoolers .............................................. 90 5.4. Canadian Performance ............................................................ 92 Conclusions .............................................................. 93 CHAPTER III. THE LEGAL STATUS OF HOMESCHOOLING IN THE UNITED STATES ................................................................... 97 Introduction .............................................................. 97 1. The Federal Constitution and Education .............. 98 2. State Regulation of Homeschooling Education ..... 99 J. A. LAGOS, Parental Education Rights in the United States and Canada: Homeschooling and its Legal Protection TABLE OF CONTENTS III Introduction .................................................................................... 99 2.1. Classification of Homeschool Legislation ............................. 101 2.2. Characteristics of Homeschooling Laws ............................... 101 2.2.1. Discretionary Approval ............................................... 104 2.2.2. Unique Legislative Responses to Homeschooling ...... 106 2.2.3. Teacher Qualifications ................................................. 106 2.2.4. Standardized Testing or Evaluation ........................... 108 2.2.5. Religious Exemption ................................................... 109 2.2.6. Curriculum Requirements............................................. 111 2.2.7. Graduation Requirements ............................................ 112 2.2.8. Access to Public School Activities ................................ 112 2.3. Analysis of State Regulation .................................................. 113 2.3.1. Among States without a Homeschooling Statute ........ 114 2.3.2. Among States with a Homeschool Statute ................... 117 2.4. Other Forms of Legislative Support for Homeschooling ...... 125 2.4.1. Religious Freedom Restoration Acts ........................... 125 2.4.2. Parental Rights Acts ..................................................... 127 2.4.3. Child Abuse Prevention and Treatment Acts .............. 127 3. Academic Debate over the Correct Amount of State Regulation .................................................. 128 Conclusions ............................................................. 142 CHAPTER IV. THE LEGAL STATUS OF HOMESCHOOLING IN CANADA ........................................................................... 145 Introduction ............................................................ 145 1. The Federal Constitution and Education ............. 145 2. Provincial Regulation of Homeschooling Education ............................................................ 148 2.1. Characteristics of Homeschool Legislation ........................... 150 2.1.1. Discretionary Approval ................................................150 2.1.2. Unique Legislative Responses to Homeschooling ....... 151 2.1.3. Teacher Qualifications .................................................. 151 2.1.4. Standardized Testing or Evaluation ............................ 152 2.1.5. Religious Exemption .................................................... 152 btcagz IV 2.1.6. Curriculum Requirements............................................ 153 2.1.7. Graduation Requirements ............................................ 153 2.2. Analysis of Provincial Legislation .......................................... 153 2.2.1. Largely Unrestrictive Regulation ................................. 154 2.2.2. Moderately Restrictive Regulation .............................. 155 2.2.3. Highly Restrictive Regulation ...................................... 161 2.2.4. Québec: a Unique Approach ........................................ 166 Conclusions ............................................................. 173 CHAPTER V. ANALYSIS OF UNITED STATES JURISPRUDENCE RELEVANT TO HOMESCHOOLING ........................................... 175 Introduction ............................................................ 175 1. The State’s Overriding Interest to Educate ........... 176 2. The Basis of Parental Education Rights in American Law ..................................................... 178 2.1. The Seminal Cases: Meyer and Pierce .................................. 178 2.2. Parental Rights Viewed as Religious Freedom .....................182 2.3. Parental Rights, Religion and the First Amendment ........... 184 2.4. Free Exercise Claims Focused on Education ....................... 188 2.5. Troxel and Fundamental Parental Rights ............................ 190 3. A Review of Outcomes in Homeschooling Caselaw ............................................................... 195 3.1. Constitutionality of Compulsory Attendance Statutes ......... 195 3.2. Homeschooling as Analogous to Private School ................... 196 3.3. The Validity of Testing Requirements .................................. 198 3.4. Teacher Certification Requirements .................................... 201 3.5. Court Decisions in States Restrictive of Homeschooling .... 205 3.6. Education and Employment .................................................. 211 3.7. Educational Benefits for Homeschoolers in the Public School System ......................................................................... 212 4. The Irreconcilable Views of Conservative and Liberal Positions ................................................. 213 J. A. LAGOS, Parental Education Rights in the United States and Canada: Homeschooling and its Legal Protection TABLE OF CONTENTS V 5. The American Approach to Homeschooling Abroad ............................................................... 220 6. The Present State of Homeschooling Regulation in the United States .............................................222 Conclusions ............................................................ 224 CHAPTER VI. ANALYSIS OF CANADIAN
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