NCJ Number
46900
Journal
CRIMINAL JUSTICE MONOGRAPH Volume: 8 Issue: 3 Dated: (1978)
Date Published
1978
Length
31 pages
Annotation
THE HISTORIC BACKGROUND OF COMPULSORY SCHOOL ATTENDANCE LAWS, THEIR ADVANTAGES AND DISADVANTAGES, THEIR EFFECTS ON CHILDREN'S RIGHTS, AND SOME POSSIBLE ALTERNATIVES TO COMPULSORY SCHOOLING ARE DISCUSSED.
Abstract
USING PUBLISHED LITERATURE, CASE LAW, AND STATE AND FEDERAL LEGISLATION, THE HISTORICAL DEVELOPMENT OF COMPULSORY SCHOOL ATTENDANCE AND CHILD LABOR LEGISLATION IS EXPLORED. THE BEGINNINGS OF THE JUVENILE COURT AND CURRENT PROBLEMS RELATED TO COMPULSORY SCHOOLING AND THE JUVENILE JUSTICE SYSTEM ALSO ARE EXAMINED. HISTORICAL INFORMATION IS USED TO INTERPRET CURRENT PROBLEMS AND ILLUSTRATE TRENDS REGARDING THE STATUS OF CHILDREN. THROUGH DISCUSSION OF COURT DECISIONS AND CONCERNS EXPRESSED IN THE LITERATURE STUDIED, ISSUES RELATED TO CHILDREN'S RIGHTS REGARDING COMPULSORY SCHOOLING ARE CONSIDERED. ALTERNATIVES TO COMPULSORY SCHOOLING AND CORRECTIONAL INTERVENTION WITH TRUANTS ARE PRESENTED. ALTHOUGH THERE IS STILL A GREAT DEAL OF CONFUSION IN THE AREA OF CHILDREN'S RIGHTS, SCHOOLS AND COURTS ARE UNDERGOING A CHANGE IN RESPONSE TO THE CONSTITUTION, WITH THE EXPANSION OF CHILDREN'S RIGHTS IN RECENT YEARS. THE FOLLOWING CONCLUSIONS ARE MADE: CHILDREN, AS WELL AS ADULTS, SHOULD HAVE THE RIGHT TO DETERMINE THE MATTERS THAT AFFECT THEM MOST DIRECTLY; THE COERCIVE MECHANISMS OF COMPULSORY SCHOOL ATTENDANCE LAWS AND JUVENILE JUSTICE SYSTEM PROCESSING OF TRUANCY SEEM TO VIOLATE FUNDAMENTAL RIGHTS; AND AN ALTERNATIVE APPEARS TO BE CREATION OF NONCOERCIVE LEARNING EXPERIENCE WITHOUT JUVENILE COURT JURISDICTION OVER TRUANT CHILDREN. THE FINDINGS POINT TO THE NEED FOR ASSESSING THE SOCIAL, EMOTIONAL, AND ECONOMIC CONSEQUENCES OF THE IMPLEMENTATION OF CHILDREN'S INCREASED RIGHTS AND CONSEQUENT RESPONSIBILITY FOR THE CONTROL OF THEIR OWN LIVES. A BIBLIOGRAPHY IS INCLUDED. (RCB)