Law Commons^™

Illiberal Education: Constitutional Constraints On Homeschooling, Kimberly Alexandra Yuracko

Kimberly Yuracko

Homeschooling in America is no longer a fringe phenomenon. Estimates indicate that well over a million children are currently being homeschooled. Although homeschoolers are a diverse group, the homeschooling movement has come to be defined and dominated by its fundamentalist Christian majority many of whom choose to homeschool in order to shield their children from secular influences and liberal values. In response to political pressure from this group states are increasingly abdicating control and oversight over homeschooling. Modern day homeschooling raises then in stark form questions about the obligations that states have toward children being raised in illiberal subgroups. Surprisingly, …

The Individuals With Disabilities Education Improvement Act - Why Considering Only One Individual At A Time Creates Untenable Situations For Students And Educators, Megan M. Roberts

Megan M. Roberts

Under the Individuals with Disabilities Education Improvement Act (IDEIA), teachers must modify the classroom environment and lessons to meet the individual needs of each child with a disability. When more than one child with a disability is present in a given classroom, this required individual consideration can be problematic, as the special arrangements for one student may undermine the arrangements for another. Despite the vast growth in the number of students with disabilities and the pressure on schools to comply with the IDEIA requirements, the law has not yet addressed these increasingly frequent situations. This article reviews how the IDEIA …

Community Notification And The Perils Of Mandatory Juvenile Sex Offender Registration: The Dangers Faced By Children And Their Families, Joanna S. Markman

Joanna S. Markman

The impetus for the creation of a separate juvenile justice system, as will be explained below, was the acknowledgment that children are not adults, and as such, do not have the capacity for rationale thoughts as do adults. Moreover, the juvenile justice system was derived to create a structure whereby rehabilitation would be the ultimate objective in devising juvenile punishment or, as it is referred to in the language of juvenile law, disposition.

It is difficult, if not impossible, to garner sympathy for the plight of the sexual offender. This Article is not designed to do so. Moreover, while it …

Services For Private School Students Under The Individuals With Disabilities Education Improvement Act: Issues Of Statutory Entitlement, Religious Liberty, And Procedural Regularity, Mark C. Weber

Mark C. Weber

Government support for private schooling has been a topic of public discussion from the beginning of the administration of President George Bush. The Individuals with Disabilities Education Improvement Act of 2004 (“Improvement Act”) amends the Individuals with Disabilities Education Act (“IDEA”) with regard to (among other things) publicly funded services for children with disabilities who attend private schools. This Article describes the private school student provisions of the new law, demonstrating that the Improvement Act represents continuity in the field of special education services for children in private education. The Article then takes up three issues regarding services for private …