People v. Bennett

AFTER REMAND

Brickley, J.

The issue before us is whether, in a challenge not involving religious convictions, a teacher certification requirement for home schools violates a parent’s right to direct a child’s education under the Fourteenth Amendment. The Bennetts, in challenging the requirements, are claiming *319that their Fourteenth Amendment right to direct the education of their children should be classified as a "fundamental right,” thus making it impervious to the minimal scrutiny due process test. The state contends that the Court of Appeals properly applied the minimal scrutiny test and…