DeGroff on Parental Rights and Public Education

The article, Parental Rights and Public School Curricula: Revisiting Mozert after 20 years, by Professor Eric A. DeGroff of Regent University School of Law, has been reposted to SSRN.  Originally published in 2009, Prof. DeGroff’s article revisits the jurisprudence of balancing parents’ recognized right to direct their childrens’ education and upbringing under the Due Process and Free Exercise clauses against states’ interest in compelling school attendance and determining their own curricula.  See Mozert v. Hawkins County Bd. Educ., 827 F.2d 1058 (6th Cir. 1987).  See also Wisconsin v. Yoder, 406 U.S. 205 (1972).  Detailing recent circuit inconsistency on the issue, DeGroff argues that courts should exercise heightened judicial scrutiny when state curricular requirements conflict with parental rights.

Please see the abstract after the jump. Read more