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EDUCATION, SCHOOLING, AND CHILDREN’S RIGHTS: THE COMPLEXITY OF HOMESCHOOLING
Robert Kunzman
School of Education Indiana University

Abstract. By blurring the distinction between formal school and education writ large, homeschooling both highlights and complicates the tensions among the interests of parents, children, and the state. In this essay, Robert Kunzman argues for a modest version of children’s educational rights, at least in a legal sense that the state has the duty and authority to enforce. At the same time, however, it is important to retain a principled distinction between schooling and education — not only to protect children’s basic educational rights, but also to prevent the state from overreaching into the private realm of the home and family. I never let schooling interfere with my education. — Mark Twain

When twelve-year old Rebecca Lee gets home from school, she practices the piano for thirty minutes. Later, while at the grocery store, she helps her dad figure out which of the competing brands offers a better deal. At dinner that evening, her family discusses politics and the news of the day. All of these activities are educational in nature — particular knowledge is being applied and certain skills are being practiced. But we would not call them school; that is what Rebecca does between the hours of 8 a.m. and 3 p.m. on weekdays. Across town, twelve-year-old Jeff Wilkins follows a similar routine. But Jeff is homeschooled, and his mother records each of these same activities as part of his curricula — fine arts, math, and social studies. Like many homeschoolers, the Wilkins view their homeschooling as an endeavor that extends beyond traditional schooling boundaries of time, place, and subject areas; the whole of life provides educational opportunities, and oftentimes in more authentic and powerful contexts than what traditional schooling has to offer. For all children, not just homeschoolers, there is obviously more to education than

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