School Attendance Do children have a constitutional right to attend public schools? Can a child can be compelled to attend public school?

School Attendance State Prerogative Must be open and available to all Homeless children & Illegal aliens Restrictions must be connected to state purpose Can draw attendance zones “Domicile” and “residence” and “constellation of interest”

School Attendance Compulsory school attendance Boundaries between State and Parent rights are not clearly delineated State interest takes precedence over parent rights Basis for attendance and child labor laws Both enforced in concert Parens patrie—common law; state as parent Can protect from parents

School Attendance Instruction in private school Instruction in private school Equivalent instructionEquivalent instruction Defined by statutes (e.g., certified teacher, specified curriculum)Defined by statutes (e.g., certified teacher, specified curriculum) Cannot deny private schoolCannot deny private school The Amish ExceptionThe Amish Exception

School Attendance Home Schooling Home Schooling All states recognize by statuteAll states recognize by statute Litigation focuses on:Litigation focuses on: Statutory interpretation of home school exemptions Statutory interpretation of home school exemptions Complaints regarding teacher qualifications Complaints regarding teacher qualifications Evaluations of the home Evaluations of the home Parents do not have a Constitutional right to home schooling Parents do not have a Constitutional right to home schooling Extracurricular activities Extracurricular activities

School Attendance Other issues... Other issues... Excessive absencesExcessive absences TravelTravel IllnessIllness MarriageMarriage VaccinationVaccination

School Attendance CT specifics: CT specifics: Subject exclusion is permittedSubject exclusion is permitted Home schooling is permittedHome schooling is permitted Not regulated by either State or DistrictNot regulated by either State or District Waiver from District (signed by Super)Waiver from District (signed by Super) “essentially no mechanism for assuring that a student is receiving an adequate setting in the home setting”“essentially no mechanism for assuring that a student is receiving an adequate setting in the home setting”

School Attendance Dual enrollment is not generally permitted Dual enrollment is not generally permitted Accommodations are a balance test Accommodations are a balance test Attendance—guaranteed access ages 5-21; includes transportation Attendance—guaranteed access ages 5-21; includes transportation Dropout permitted at 16 (with parent permission)Dropout permitted at 16 (with parent permission) BOEs responsible for attendance zones BOEs responsible for attendance zones