Delconte v. State

EXUM, Justice.

Plaintiff educates his children at home. The dispositive question for decision is whether plaintiffs home instruction is prohibited by our compulsory school attendance statutes. 1 We conclude that it is not. We do not, therefore, reach the question whether these statutes would violate plaintiffs constitutional freedoms if they prohibited him from so educating his children.

I

Delconte instituted this action seeking a declaratory judgment that his home instruction was not prohibited by our statutes on school attendance and, if it was, then these statutes contravened certain freedoms…