Regulations of private schools that increase the cost of private education

[Esenberg, Richard]

It does not appear that any constitutional issues were raised but the question brought to mind a decision last year by the Wisconsin Court of Appeals in Johnson v. Burmaster. http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=31069

The case held that a virtual school did not comport with various elements of state law governing charter schools. One is interesting in this context. Although these virtual schools use certified teachers, they require substantial participation by parents in their children's education. The court held that, because parents were engaged in activities that fell within the statutory definition of teaching and were doing so "in" a public school (as opposed to home schooling), they must be certified under state law. This renders the concept unworkable.

Rick Esenberg
Marquette University Law School
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From: religionlaw-bounces at lists.ucla.edu [religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene [VOLOKH at law.ucla.edu]
Sent: Sunday, December 28, 2008 10:36 AM
To: religionlaw at lists.ucla.edu
Subject: Regulations of private schools that increase the cost of private       education

        Does anyone know of cases dealing with whether particular
regulations of private schools are unconstitutional because they
increase the cost of private education?  I'd be inclined to assume that
the answer, as with abortion rights, is that the regulations are
permissible unless they increase the cost quite substantially.  But I'd
love to see actual cases that deal with this?  Many thanks,`

        Eugene
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