mom2agang Posted November 10, 2010 Share Posted November 10, 2010 I'm trying to defend homeschooling with an anti homeschool relative. Ok I know we have a right to hs but then he says which right is that? HELP!!! We live in MI. But federally to the bill of rights or constitution?? Quote Link to comment Share on other sites More sharing options...
JVA Posted November 10, 2010 Share Posted November 10, 2010 It depends on your STATE law. Get a copy of that and be ready with an answer. Your state homeschool organization can help you with that info. As far as a "right".........in as far as the constitution goes, I'd say it falls under 'free speech' . Quote Link to comment Share on other sites More sharing options...
Parrothead Posted November 10, 2010 Share Posted November 10, 2010 There is no Constitutionally guaranteed rights of parents. There is a group working on that. ParentalRights.org Currently it is implied that parents have the right to raise and educate their children as they see fit as long as there is no abuse or neglect. Children belong to the parent, not the state. That could change, but it isn't likely at the moment. I think there is at least one state that has it in its state constitution that homeschooling is a legal option. In that state it is a right. There may be more, but I'm not up on all the laws in all the states. In the other states homeschooling is a legal privilege. In some states the state reserves the right to yank that privilege via educational neglect. It is written into the law that while parents may homeschool, the state must see proof of this. If this proof isn't provided the state will demand the children be put in public school. Quote Link to comment Share on other sites More sharing options...
LittleIzumi Posted November 10, 2010 Share Posted November 10, 2010 How about the fact it isn't mentioned in the Constitution and therefore falls under the 10th Amendment, " The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Quote Link to comment Share on other sites More sharing options...
silliness7 Posted November 10, 2010 Share Posted November 10, 2010 Our rights are not granted to us by the government. They are protected by the government. Our Creator endowed us with certain inalienable rights. Quote Link to comment Share on other sites More sharing options...
JVA Posted November 10, 2010 Share Posted November 10, 2010 Our rights are not granted to us by the government. They are protected by the government. Our Creator endowed us with certain inalienable rights. :iagree: :iagree: Quote Link to comment Share on other sites More sharing options...
rlugbill Posted November 10, 2010 Share Posted November 10, 2010 In Michigan, they passed a statute of parental rights: Michigan M.C.L.A. § 380.10 . It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. You can cite this statute from Michigan. The right of parents to choose their children's education pursuant to the U.S. Supreme Court and the 14th Amendment to the U.S. Constitution was in the Pierce v. Society Sisters case. That involved the right to choose a private school. But the state still has an interest in the education of children and to ensure that children are educated. The parents have the right to choose that method of education, within reasonable limits by the state. Best wishes. Quote Link to comment Share on other sites More sharing options...
mommaduck Posted November 10, 2010 Share Posted November 10, 2010 How about the fact it isn't mentioned in the Constitution and therefore falls under the 10th Amendment, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Very good point! Quote Link to comment Share on other sites More sharing options...
mom2agang Posted November 10, 2010 Author Share Posted November 10, 2010 Thanks for all the facts . It's also nice to know myself:) Quote Link to comment Share on other sites More sharing options...
Laurie4b Posted November 11, 2010 Share Posted November 11, 2010 In Michigan, they passed a statute of parental rights: Michigan M.C.L.A. § 380.10 . It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. You can cite this statute from Michigan. The right of parents to choose their children's education pursuant to the U.S. Supreme Court and the 14th Amendment to the U.S. Constitution was in the Pierce v. Society Sisters case. That involved the right to choose a private school. But the state still has an interest in the education of children and to ensure that children are educated. The parents have the right to choose that method of education, within reasonable limits by the state. Best wishes. Here is a Supreme Court case that deals with the issue when religion and compulsory education bump heads. Yoder vs. WI http://www.oyez.org/cases/1970-1979/1971/1971_70_110/ Quote Link to comment Share on other sites More sharing options...
Hillary in KS Posted November 11, 2010 Share Posted November 11, 2010 I thought I remember reading somewhere that Elizabeth is a lawyer. Perhaps she'll chime in? Quote Link to comment Share on other sites More sharing options...
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