COMPULSORY ATTENDANCE: AN ANALYSIS OF LITIGATION by LEO LEVY LEDDON, JR. A DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Education in the Program of Education Administration in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2010 Copyright Leo Levy Leddon, Jr. 2010 ALL RIGHTS RESERVED ABSTRACT The purpose of this research was to examine court cases dealing with compulsory attendance laws, also known as compulsory education laws, for the purpose of establishing the issues, outcomes, and trends in compulsory attendance litigation. In this manner, school officials could be provided guidance on dealing with issues surrounding the attendance of students in their local schools. The research design was qualitative, document-based and historical in nature, and was drawn from the court records for one hundred court cases about compulsory attendance. The court cases were obtained from the Bounds Law Library on the campus of The University of Alabama. The research questions driving this project addressed the issues, outcomes, and trends reported by the judge in compulsory attendance litigation. From the issues, outcomes, and trends, guiding principles for school administrators with regard to compulsory attendance policy were developed. The court cases involved were the result of constitutional challenges to the applicable compulsory attendance laws, challenges of attendance policies, requests for or the denial of religious exemptions, weapon possession, challenges of minimum instructional standards, children being unruly, infringement of religious beliefs, weapon possession, removal of a student from the regular educational setting, and parental neglect. The jurisdictions represented included a wide variety of judicial settings from across the United States with the exception of the United States Supreme Court. ii DEDICATION This dissertation, the culmination of an education forty-seven years in its completion, is dedicated first and foremost to my Lord and Savior Jesus Christ for more blessings that I am entitled, for answering many, many prayers, and for allowing me to be a part of His kingdom; to the many teachers I have had over the years: those who initiated my love for learning in an Department of Defense Elementary School at Woodbridge Air Force Base in Great Britain, at Gaskin School in Gaskin, Florida, at Alexander Elementary School and Pierce Junior High School in Tampa, Florida, at A.G. Parrish Junior High School, and finally Southside High School in Selma, Alabama; to the few teachers I knew at Wayne Community College in Goldsboro, North Carolina, the many fine professors at Livingston University, now known as the University of West Alabama (Go Tigers!) and the many more at The University of Alabama (Roll Tide!). Some of you I have loved; others I have not; all of you I have respected for what you bring to our chosen profession, and your passion for sharing it with your students. To my loving wife, Sheryl, who has stood by me regardless of the number of miles we had to drive, the expense involved, or the mood swings. I love you more than words can express. And to my in-laws for your love and support: Thank you for accepting me into your family. To my mother, brother, and sister who have been a constant source of encouragement: I love each of you unconditionally. To my father, God rest his soul, who went to live with Jesus on November 26, 2006: I still miss you Daddy. I want you to know I have finally completed my education because I know how important an education was to you. And to the rest of my family: iii aunts, uncles, cousins, nieces, nephews, and in-laws: hopefully, we will be able to spend some quality time together now that this is over. To those few people I consider close friends for being there regardless; and to the only friend I remember from elementary school, Barbara Beeks Hunter; I am so thankful for our friendship. I consider you one of the many blessings in my life. To those who have spent countless hours reading and editing papers over the years, most notably Sheryl and Ms. Linda Wood: my thanks and gratitude is not enough! I don’t suppose my checkbook is thick enough either. To the faculty and staff at Southern Choctaw High School and the other professional educators in the Choctaw County, Alabama, School System: your understanding, guidance, and help have been much appreciated. Your friendship is something I treasure and will treasure for the rest of my life. GO BIG RED! To my principal Betty McBride and Superintendent Sue Moore: each of you have been a source of encouragement and have demonstrated a lot of patience and understanding. I now need a new excuse to miss faculty meetings. To Mr. Ollis Grayson: you will never know how much encouragement you offered a young boy so many years ago. I have finally learned what you meant by: Look Sharp, Act Sharp, Be Sharp! To all those doubters who said, “You’ll never amount to anything!” in one form or another: thank you for providing a small measure of the motivation needed to achieve this finality. iv To my present and former students: I told each of you, individually or in mass that you were very special to me. That statement still stands! To Mr. Roy Adams, a true friend and mentor in every sense: You gave me a chance when I was very much down on myself. You encouraged me and built me up more than you will ever know. In the few short years we worked together, I feel I was given a life time worth of education. Your encouragement has meant the world to me. If I could go back and change things, I would choose to work for you as long as possible. Thank you for the life education you gave me. To my friend and former secretary Sandy Mason: You have been like the Rock of Gibraltar. I thoroughly enjoyed working with you over the last 15 or so years. You are missed at SCHS! Thank you for being you my friend. To Tommy and Roma Jean Fuller for showing me more love and support than any individual deserves; for being there for me during one of the most difficult times in my life; for being you; for loving me unconditionally! You will never know how much you two mean to this “buck private.” And last, but certainly not least, to that little boy who would dream life dreams as he walked to and from elementary school so many years ago – YOU DID IT! You go boy! Your biggest dream has come true. I am very proud of you! v ACKNOWLEDGMENTS I am pleased to have this opportunity to thank my Lord and Savior Jesus Christ for everything. I want to thank the many colleagues, friends, and faculty members who have assisted me with this research project. Your encouragement has been very much appreciated. I am most indebted to Dr. David Dagley, the chairman of this dissertation, for sharing his research expertise, advice, and wisdom. I would also like to thank all of my committee members, Dr. Patricia Bauch, Dr. Nirmala Erevelles, Dr. John Tarter, and Dr. John Dantzler for their invaluable input, inspiring questions, and support of both the dissertation and my academic progress. I would like to thank my wife, Sheryl, for sticking by me through this process, regardless of the number of miles we had to drive, the expense involved, or the mood swings. My mother, brother, and sister: you have been a constant source of encouragement. I love each of you unconditionally. To my father, God rest his soul, who went to live with Jesus on November 26, 2006. I still miss you Daddy. I wish you were here today. My principal Betty McBride and Superintendent Sue Moore: thank you for your encouragement. Last, but certainly not least, to Dr. Dianne Richardson from the University of West Alabama, for her editing skills and friendship. vi CONTENTS ABSTRACT ............................................................................................................ ii DEDICATION ....................................................................................................... iii ACKNOWLEDGMENTS ..................................................................................... vi LIST OF TABLES ............................................................................................... xiii LIST OF FIGURES ...............................................................................................xv I. INTRODUCTION/RATIONALE ........................................................................1 A. Statement of the Problem ..............................................................................2 B. Purpose ..........................................................................................................3 C. Significance ...................................................................................................3 D. Research Questions .......................................................................................3 E. Assumptions ..................................................................................................3 F. Limitations .....................................................................................................4 G. Definition of Terms .......................................................................................4 H. Conclusion ....................................................................................................6 I. Organization of Study .....................................................................................7 II. REVIEW OF RELATED LITERATURE ..........................................................8 A. History of Compulsory Attendance