Question

Congress enacted a statute authorizing the denial of all federal funding to public school districts in which a specified percentage of the students enrolled in the public schools fail to pass a national achievement test. According to the terms of the federal statute, the first national achievement test was scheduled for administration five years from the effective date of the statute. After reviewing then-current levels of public school student performance, the officials of a state became concerned that several of its public school districts would lose their federal funding after the administration of the first national achievement test. Then-current levels of private school student performance were substantially higher. In order to improve the chances of those school districts retaining their federal funding, the state recently enacted a law that requires all children of elementary and secondary school age to attend the schools operated by their respective local public school districts. The law is to take effect at the beginning of the next school year. Parents of children enrolled in private schools within the state have filed suit to challenge the constitutionality of this state law. Should the court uphold the law?

Answer 1

Answer: The Court should NOT.

Step-by-step explanation:

Previous Judgements by the Supreme Court affirmed that any State Law that requires children to attend Public schools instead of others violates the rights of parents to raise their children how they want.

Supreme Court however will allow the law to stand if it was passed for a compelling state interest.

In this case, the State requiring that private school children attend public schools so that they may raise test scores to a point where the state continues to get federal funding for those schools is not likely to be considered a compelling state interest and so this law will not be upheld.