Elawyers Elawyers
Ohio| Change
Welcome to FindLaw's Education Options section. While school enrollment is mandatory for most children of a certain age range (governed by state laws), there are options to the standard neighborhood public school. For instance, parents have the option of sending their child to a private school, a religious school, or even keep them home for private instruction. In any event, states generally require students to receive an education comparable to what they would receive at a public school. As with most laws, state compulsory education requirements have a few exceptions.

Compulsory Education: Overview

School wasn't always required in the United States, but the concept of compulsory education dates back to the Aztecs (in modern-day Mexico) in the 15th century. Massachusetts became the first state to enact a compulsory education law in 1852, although it had enacted a similar law in the mid- 17th century while still a British colony. But this would spread to other states in the early 20th century, primarily to help immigrant children assimilate to the New World. It also was seen as a way to discourage employers from exploiting child labor.

All U.S. states currently require children of a certain age to attend school, typically beginning at about age six. But state and federal law provides exceptions. State laws allow parents to home school their children as long as they meet the same standards required of established schools, and also allow for work release programs. In addition, the U.S. Supreme Court ruled in 1972 that Amish children were exempt past the eight grade.

Homeschooling

U.S. parents were granted the right to provide schooling for their children at home through a pair of Supreme Court cases in the 1920s. States often require parents to submit the planned curriculum, report on their child's progress, provide equivalent hours of instruction, and take certain standardized tests. But often there is confusion over what constitutes an "equivalent" education. Some states give parents of home schooled children much more latitude to choose their child's curriculum.

But home school regulation is generally done at the state level. Some states require the parent-teacher to prove his or her qualifications as a teacher, typically through state certification. Also, state courts generally have ruled on the side of state regulators when such laws have been challenged on religious freedom grounds, arguing that the interest in an educated populace outweighs any real or perceived burden on religious freedom.

Private and Religious Schools

Other options to public school include private and religious institutions, which typically require the parents to pay a tuition. Since they do not receive federal government funding, they do not have to follow the same regulations as public schools. For instance, a Catholic school may start each morning with a prayer and can tailor its curriculum to its religious beliefs. Likewise, private schools may choose to focus instruction around the arts instead of being subjected to a state-mandated science and technology emphasis.

Some parents may choose to send particularly gifted children to high-achieving private schools, for instance, in order to make sure their child is fully engaged and challenged. Or perhaps their child learns better at a Montessori school. Whatever their reasons, parents have choices beyond the public school system.

Additional information about education options and the law can be found below.

Recent Topics

  • Charter Schools
    Created by FindLaw's team of legal writers and editors.

    Charter schools can be described as a cross between public and private schools. These schools are often created by teacher and parent groups who are dissatisfied with the bureaucracy that surrounds public education. The first charter school in the United States opened in St. Paul, Minnesota in 1993.

  • Choosing a School
    Created by FindLaw's team of legal writers and editors.

    For parents and students alike, the type of education available within their community is critically important. Many people, in fact, choose the communities in which they live on the basis of the quality of the local schools.

  • Compulsory Education

    Compulsory education laws require parents to have their children attend public, private, or parochial school for a designated period. Each state determines both the start and end time duration and generally requires children to begin school at the ag...

  • Compulsory Education Laws: Background
    Created by FindLaw's team of legal writers and editors.

    Compulsory education laws require children to attend a public or state-accredited private school for a certain period of time. There are a few exceptions, most notably homeschooling, but virtually all states have mandates for when children must begin school and how old they must be before dropping out.

  • State Compulsory Education Laws
    Created by FindLaw's team of legal writers and editors.

    State laws requiring school attendance by children within a certain age range are fairly similar to one another. All states have compulsory education laws and allow exemptions for private schools and homeschooling, although the regulation of non-public schooling varies from state to state.

  • Education and Homeschooling: State Laws
    Created by FindLaw's team of legal writers and editors.

    Not all states have statutes that directly regulate homeschooling, but most offer education alternatives for parents. Before deciding whether you should homeschool your child, make sure you check with your state's laws and procedures first. Following...

  • Exemption and Court Cases on Compulsory Education
    Created by FindLaw's team of legal writers and editors.

    Education is compulsory for most children between the ages of roughly six and 17. That said, compulsory education laws are handled at the state level, so the actual ages may vary. Click here for an overview of exemptions as defined by various courts.

  • Home Schooled Student Access to Public School Facilities and Activities
    Created by FindLaw's team of legal writers and editors.

    Home School Parents' View Parents who choose to home school cope with a number of disadvantages. These include isolation, the lack of opportunity to participate in scholastic sports and other extra curricular activities, and the lack of resources ava...

  • Homeschooling
    Created by FindLaw's team of legal writers and editors.

    Should a parent choose public schools, private schools or homeschooling? According to the U.S. Department of Education, an estimated 1.5 million students (1,508,000) were homeschooled in the U.S. in 2007. The decision to teach your child at home is not an easy one. Read more.

  • Homeschooling Regulations
    Created by FindLaw's team of legal writers and editors.

    Parents who are dissatisfied with public or private schools, have children with special needs, or otherwise want more control over their children's education may choose to homeschool their kids. But regardless of the reasons, most states have homeschooling regulations to ensure that homeschooled students receive a relatively balanced education, including compulsory education laws, regulate the manner in which children are taught in the home.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer