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Iowa v. Trucke
Volume 55, Program 21
10/11/2004
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Join Mike Smith on today's Home School Heartbeat as he talks about the key cases that Home School Legal Defense Association has fought, transforming the legal landscape in favor of homeschooling.

    Mike Smith:
    Homeschooling is thriving today, but just 21 years ago it was illegal in most states. By challenging unconstitutional laws in court, HSLDA helped legalize homeschooling.

    One such case was Iowa v. Trucke. In 1988, the Trucke family was charged with truancy because they were not certified to teach their children at home. HSLDA challenged the constitutionality of teacher certification by arguing that the parents had the fundamental right to direct the education of their children. The case progressed to the Iowa Supreme Court.

    In Iowa, children are required to be in school for 120 days per year. The state, however, charged the Trucke family just 30 days into the school year. Conceivably, the Truckes could have complied with the state mandate to have a certified teacher for the required 120 days. The Iowa Supreme Court asked HSLDA to submit a brief arguing that criminal charges were brought prematurely because the family could have hired a certified teacher to cover the required days of instruction. HSLDA provided that brief and the court ruled that the charges had been brought prematurely, and the case was dismissed.

    It was a victory which paved the way for favorable homeschool legislation in the state of Iowa.

    And until next time, I'm Mike Smith.

To find out more about the legal history of homeschooling in America, visit our website at homeschoolheartbeat.com. That's homeschoolheartbeat.com. Or call toll-free, 1-866-338-8614. That's 866-338-8614.


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The Legal History of Homeschooling in the United States

by
Home School Legal Defense Association

Find your place in history with HSLDA’s free information sheet. It highlights significant cases and legislation in the revival of American homeschooling.

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