Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 30 May 2020

Abstract and Keywords

This article lays out the constitutional bases for and limits of state regulation of private schools; describes the current regulatory framework; and considers how the debate over private-school oversight takes place within a broader discussion occurring in the realms of political theory and moral philosophy. Under the US Constitution, though state regulation cannot be arbitrary or unduly aggressive, so as to effectively prohibit private schooling, the Supreme Court has repeatedly affirmed that reasonable regulation is beyond question constitutional. Even so, the recent trend of legislative activity at the state level has been to deregulate private schooling in the name of parental rights and religious freedom—a trend, this article argues, that poorly serves the best interests of the child and the welfare of a democratic polity.

Keywords: compulsory schooling, school regulation, educational neglect, homeschooling, private school, parents’ rights, children’s rights

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.