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The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract

This comment addresses the relationship between a parent’s constitutional right to educate their child as they see fit and a child’s interest in receiving a robust education. The idea of a parent’s right to raise their child is a fundamental and long established one. However, activist have also raised concern regarding children who are educated at home. The concern centers around the idea that children have little to no access to extra-curricular activities, socialization, or other educational opportunities. Access to extra-curricular activities leads to a well-balanced education that prepares the child for whatever career the child desires. A child does not choose their educational path as a child, and therefore deserves to have access to educational opportunities regardless of a family’s income level, education choices, or geographical location.

Majority of the time, the children with the least amount of access to educational opportunities outside the home are low-income and rural students. This is because private extracurricular activities are not only expensive, but not widely accessible to students in rural communities. Exposure to extracurricular activities is vital for a child’s physical, emotion, and mental development. Taking away a parent’s ability to home school as a solution to this concern is not realistic nor is it the best option. Instead, the better solution is to provide home school children with opportunities to participate in UIL activities close to home through the school district.

This comment walks through HB 547, a bill passed in the 87th Legislative Session, which provides home-school children the opportunity to participate in UIL activities. The bill requires home-school students to meet certain requirements to safeguard the school district interests. Ultimately, HB 547 provides low-income and rural home-school students the opportunity for a well-balanced education.

Last Page

255

First Page

212

Date Created

June 10, 2024

Journal Title

The Scholar: St. Mary's Law Review on Race and Social Justice

Volume Number

26

Issue Number

2

Publisher

St. Mary's University School of Law

Editor

Caitlyn Collins

ISSN

1537-405X

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