The legislature of State X passes a law to improve declining student test scores and standardize curricula
Question:
The legislature of State X passes a law to improve declining student test scores and standardize curricula for K-12 students. The law provides that all students must receive an "acceptable" primary and secondary education, and sets standards for that curriculum for all students. The law provides that parents may homeschool their children or enroll them in private school, but that to do so they must demonstrate to the County Superintendent of Schools Office curriculum director that the education to be provided meets the state's criteria. If it does not do so, the director may deny their application to homeschool or enroll their children in private school, and require them to be enrolled in public school. The director's decision is final and not subject to any review.
Several parents whose applications to enroll their children in private school have been denied sue the curriculum director, asking the court to overturn the decision and allow them to enroll their children in private schools.
What constitutional issues will they likely raise in their lawsuit, and how do you believe the court should rule?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts