Legalization Of Home Schooling

Home schooling is an integral part for parent's school choice in many western countries. And it goes through form illegal development to legal development. When a country entitles a legal right to home schooling, it should balance state's educational right and parent's educational right, the freedom of parent's education and the maximum interest of children.Home schooling is a novelty legal issue in our country and its justice has not yet been recognized. However, in order to solve various existing educational problems, the legitimization and legalization of home schooling has become one of issues which worth our further study.On the theoretical basis of parent's educational right and equal opportunity for education, we learn from legal history and development of home schooling in United States and Taiwan areas trying to make efforts to our country's home schooling. Some advice are proposed for our country's legalization in the hope that the legal home schooling system under our current national condition can be constructed in order to meet the challenges faced in the reform of our educational system.The main body is divided into five parts, starting from scholar's discussion about'Meng mu tang'issue, it is regarded that the emergence of home schooling has some historical background. With awakening consciousness of people's educational right, demand of educational freedom, and voice of educational diversity, the rise of home schooling is becoming inevitable. So we can't just avoid home schooling, on the contrary, legitimacy status of home schooling is obviously needed in our country.The second part analyzes the definition of home schooling, distinguishes the home schooling and family education and makes a further analysis of jurisprudence and theoretical basis of home schooling. The theory of parent's educational right and equal educational opportunity are two basic theories. In order to protect parent's educational right and to maintain equality of educational opportunity, we not only entitle home schooling a legitimate status, but also constitute a complete legal system to regulate it.The third part mainly talks about the legal system of home schooling in United States and Taiwan areas. On the basis of American's historical background of home schooling, it summarizes the basic type and specific implementation pattern of home schooling in each of American states. In addition, it also analyzes the related legal system expecting that we can benefit from them in the process of building legal system of home schooling.The fourth and fifty parts are based on the analysis of legalization of home schooling. It elaborates the specific plan on the construction of legalization of home schooling and proposes some personal advice.To sum up, the main point of view is that we should accept the legitimate status of home schooling and build a complete legal system to regulate it.