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Can a state compel children to attend school?
1
•In Illinois, a child must attend school from his 7
th
birthday until his or her 17
th
birthday. CHECK!•
Can the state compel children to attend public school?
•Free exercise clause of the 1
st
Amendment prohibits state from interfering with feeexercise of religion. Courts have interpreted this to mean that states•
In Illinois kindergarten is optional. Any child who will bee 5 on or beforeSept. 1. May attend school at the beginning of the school term. Based onreasinessschool district may permit a child to enter at a younger age.
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Could another state make it mandatory?
Under what authority?•Amendment X to the US Constitution, “The powers not delegated to the unitedStates by the Constitution, nor prohibited by it to the States, are reserved to theStates respectively, or to the people.” Prevent states from compelling public schoolattendance. State may require all students, public and parochial, to receive aminimum number of hours of instruction from qualified teachers in a prescribedsecular curriculum.•
Under what circumstances is a child of compulsory school age exempt fromcompulsory attendance?
•In IL, a child may be exempt from public school attendance if: attends a private orparochial school where instruction is in English, for particular days if tenets ofreligion prohibit secular activity, and other reasons, or for 16 years and older can getexemption for employment.•
What about home schooling?
Courts in other states have upheld stateregulation of home schooling, including certification requirements for home-school
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