3rd Circuit Rejects Free Exercise Challenge To PA Home-Schooling Regulation

In Combs v. Homer-Center School District, (3rd Cir., Aug. 21, 2008), the U.S. 3rd Circuit Court of Appeals rejected challenges by six families to record-keeping requirements showing that they met the instructional hours and subject matter requirements, and to subsequent portfolio review, imposed by Pennsylvania's Act 169 (24 PS 13-1327.1) that regulates home schooling. Plaintiffs, all Christians of varying denominations who home-schooled their children, claim that the requirements place a substantial burden on their free exercise of religion in violation of the 1st Amendment of the U.S. Constitution and of Pennsylvania's Religious Freedom Protection Act. The court, focusing on the 1st Amendment challenge, held:

Act 169 is a neutral law of general applicability. It neither targets religious practice nor selectively imposes burdens on religiously motivated conduct. Instead, it imposes the same requirements on parents who home-school for secular reasons as on parents who do so for religious reasons. Furthermore, nothing in the record suggests Commonwealth school officials discriminate against religiously motivated home education programs (e.g., denying approval of home education programs because they include faith-based curriculum materials).... The Commonwealth has a legitimate interest in ensuring children taught under home education programs are achieving minimum educational standards and are demonstrating sustained progress in their educational program.

The court also rejected plaintiffs' claim that a "hybrid right" calling for stricter scrutiny was involved. Rejecting the federal constitutional claims, the court remanded the state law claim to state court.

In a concurring opinion, Chief Judge Scirica reached the merits of the state Religious Freedom Protection Act claim and found that: "Based upon the plain language of the RFPA, Parents have failed to prove by clear and convincing evidence that they have been compelled or will likely be compelled to violate a specific tenet of their religious faith."

The Home School Legal Defense Association that represented the parents said it is reviewing the decision and considering an appeal. [Thanks to Alliance Alert for the lead.]