Law Review: How Parents Involved in Community Schools v. Seattle School District No. 1 and Wisconsin v. Yoder Shed Light on the Potential Conflict Between the Black Homeschooling Movement and K-12 Affirmative Action Programs

Race and Education at a Crossroads: How Parents Involved in Community Schools v. Seattle School District No. 1 and Wisconsin v. Yoder Shed Light on the Potential Conflict Between the Black Homeschooling Movement and K-12 Affirmative Action Programs
Consuelo Valenzuela Lickstein, 13 J. Gender Race & Just. 835 (2010)

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This Note analyzes the constitutional issues involved in the hypothetical described above. Part II.A discusses some of the reasons why black parents elect to homeschool their children. Parts II.B and II.C review the case law addressing a parent’s fundamental right to direct his or her child’s upbringing and diversity as a compelling state interest. Parts III.A and III.B set forth some of the arguments that the black parents who seek to homeschool their children and school district would make before the Supreme Court. Part III.C discusses how the Court is likely to analyze the arguments set forth by each party and predicts that the Court will rule in favor of the school district.